Last updated on August 30, 2016
For the purposes of this Agreement:
“App” shall mean the Swifte downloadable application available for smartphones and other mobile devices.
“Inappropriate Information” shall mean any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane communication or material or any communication or material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or infringe the rights of any third party, or otherwise violate any law.
“Swifte” shall mean Swifte carpooling LLC. Any use of first-person pronouns such as “we”, “us”, “our”, or “ours” refer to Swifte
“Services” shall mean, individually and collectively, the services offered by Swifte via the Website and the App.
“User” shall mean any person who uses or registers to use Services offered by Swifte via the Website or the App. Users may be referred to below using second-person pronouns such as “you”, “your” or “yours.”
“Website” shall mean www.getSwifte.com
An introduction to Swifte’s services
Below is a list of some of the important things we do and don’t do.
Warning and Notice
Swifte is an open platform with unrestricted access. Swifte sometimes ask drivers to add their license number and insurance company name before adding a ride in the app only to discourage users without valid insurance and license information to post rides. HOWEVER, neither Swifte nor our Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Swifte services) have conducted background investigation or review of any kind or type, including without limitation driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Swifte program.
As a voluntary user of the Swifte Software, you agree that neither Swifte nor Swifte ’s Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Swifte services), nor any of their respective employees, contractors, members, agents and officers shall be liable or responsible in any way for any personal injury, loss or other harm to you or your property resulting from my participation in the Swifte program and you further agree to release, discharge, hold harmless, and forever acquit this website’s and application’s sponsors, Swifte or Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Swifte services) from any and all actions, causes of action, claims or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, on account of or in any way related to or arising out of my participation in the programs.
I acknowledge that participation in Swifte, a carpool, vanpool, or any Emergency Ride Home Program is an individual decision and that I am responsible for my operation of, or participation in Swifte. I understand that this website’s and smartphone application’s sponsoring agencies and private businesses shall have no responsibility or liability for any claims, expenses or damages resulting from any individual’s participation in Swifte, a carpool, vanpool, or Emergency Ride Home Program.
Swifte, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Swifte users to engage in ride sharing. Swifte has little or no control over and does not take any measures to independently verify the truth or accuracy of the data provided by Participants, they’re ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. As a Participant, you are solely responsible for selecting the individuals and/or entities with whom you travel and you do so entirely at your own risk. If you do not feel comfortable sharing a ride for any reason, you should and are responsible for using another means of transportation.
You acknowledge and agree that under no circumstances will Swifte, program sponsors and Trusted Partners have no responsibility, liability or obligation with respect to your use of the Swifte Service, including but not limited to:
Operating Swifte ’s software products and interfaces.
Communicating and coordinating with other Participants or Swifte Service users.
Sharing vehicle trips with other Participants or Swifte Service users.
Ordering and taking a taxi cab ride.
Swifte and Trusted Partners may provide incentives and rewards plan (“Incentive Plan”) that allow users to earn prizes based on your usage of the Swifte Service and your interactions with other Participants or potential Participants.
Incentives may be offered to increase your use of the Swifte Service, help recruit additional Participants, and take part in social activities that strengthen the sense of community among Participants. Incentives are only available to you if you either reside, work, or travel in Trusted Partner service areas.
The Incentive Plan comprises the following types of incentives, which will be changed periodically in each partner at the discretion of the Swifte administration:
Sign up bonus: Each new Swifte user may receive Swifte Rider credits into their account upon signup. These can be used only for the purpose of paying for a shared ride within the Swifte application and are non-redeemable for cash by a rider.
Weekly raffles: The entry rules and prizes for each raffle will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above. A random draw may be conducted by Swifte administrators will determine the winner of each raffle.
Monthly contests: The rules and prizes for each contest will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.
Additional incentives: Additional incentives may be offered to certain Participants on an exclusive or non-exclusive basis to encourage specific actions or behaviors. For instance, select Participants may qualify for additional toll or parking incentives.
Milestone Prizes: Participants may be awarded a prize either in the form of a gift card, Swifte rider credits or other prize for reaching a certain milestone. This may include a set number of shared trips, a set number of interactions with other Swifte users etc. Rules for such prizes will be posted on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.
Swifte administrators will make reasonable attempts to deliver prizes to winning Participants, including contacting them by email or phone. Trusted Partners may retain any prize that is not claimed within 60 days of the award date, and reserve the right to verify the validity of entries and to disqualify any Participant who fails to comply with the present Terms and Conditions.
I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand Swifte uses online and offline media to publish updates about the program. Swifte will send you regular emails and/ or phone messages to invite you to use the Swifte Service, and to help match you with people along your route. You will also have the ability to interact online with other Participants through the Website, a Facebook page, Twitter, and other media that will be made available by Swifte for that purpose.
Your personal information may be used in one of the following ways:
To sign you up as an Swifte Service user.
To send periodic, targeted emails or phone messages. You can unsubscribe from such communications at any time by following instructions that are provided in each email, by altering the notification settings in the Swifte smartphone application, or by sending an email to support@getSwifte.com.
To publish your profile as a Participant, including pictures and status updates that you willingly share with Swifte, and your Swifte Service usage summary, on our Website, Facebook page and Twitter.
To administer the Incentive Plan.
To help participants use the Swifte app and find carpool matches.
To compile aggregated statistics about participation in program and usage of the Swifte Service.
To use in pilot for research purposes about your travel behavior.
Reporting earnings from Swifte
All drivers are considered users of the Swifte platform, monies earned using Swifte are in fact motoring costs reimbursed at the Federal approved motoring rate of $0.565 cents per mile, therefore you are not required to report on this in your tax submissions. If you are in doubt please contact an Independent Tax Advisor.
Swifte is protected by USA Public Law 112-141 (MAP 21 Section 1501) passed in 2012, which defines qualified "real-time ridesharing" programs. The IRS sets the allowable limit for deductible mileage, if used for business or commuting purposes, and that amount is currently $0.56 per mile (currently IRS has no separate cost factor for electric vehicles). Swifte mileage rates are fixed for all riders and drivers, and tiers down from $0.20 as a method to equitably share the cost of a journey, assuming 2-3 persons per car. All Swifte pilots are funding by the Federal Highway Administration, and include participation from the State level Department of Transportation, and the County level Transportation Authority. The purpose of the rider fee is NOT for the driver to make a profit, but rather to automate the human behavior of "chipping in" for gas at the end of the week, or month, between carpool buddies. Finally, any driver can provide a FREE trip to any rider.
Reference - SEC. 1501. REAL-TIME RIDESHARING Paragraph (3) of section 101(a) of title 23, United States Code (as redesigned by section 1103(a)(2)), is amended by striking ‘and designating existing facilities for use for preferential parking for carpools’ and inserting ‘designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided’.
Below is a list of some of the important things we do and don’t do.
What we do:
We provide a platform via our App and our Website for passengers and drivers who register with us (collectively, “Users”) to connect, arrange for and share rides with each other.
We assist Users in posting and displaying information about themselves to our web site, which other Users can use to evaluate whether they want to share rides with that User.
We provide a means through which Users can make payments to each other in connection with their rides. When a passenger pays for a ride, the payment will be sent to Swifte, who will hold the funds until the ride is completed, after which Swifte will pay the driver. The prices for such rides are negotiated directly and solely by and between the Users. We may provide information regarding suggested pricing for rides or typical fares charged for similar rides.
We charge a fee when you book rides via Swifte. The fee is deducted from the payment made by the passenger to the driver.
We provide a means for Users to rate and review other Users and to have those ratings and reviews made available to other Users.
In the event there is a dispute between or among two or more Users with respect to a ride, we may investigate the dispute and determine whether a full or partial refund is appropriate.
We may send you advertising and promotional materials from Swifte or third parties, text messages and push notifications.
We may remove from our site any Inappropriate Information when we become aware of it.
What we don’t do:
We do not provide or arrange for provision of cars or drivers. Users who offer themselves as drivers on Swifte are not employees or agents of Swifte and have no authority to act or speak on Swifte‘s behalf.
We do not inspect or investigate any Users or their vehicles, nor do we make any representations or warranties in that regard.
We do not provide any assurances that any rides negotiated between Users in fact will occur; that drivers will pick up passengers on time or at all; or that Users will reach their destinations on time. We also make no assurances regarding the timing, duration, quality or safety of the rides.
We do not verify or in any way express an opinion with respect to the truth or accuracy of information provided by Users in their User Profiles. It is up to you and you alone to evaluate and determine whether you want to share a ride with one or more other Users.
We do not express any opinion, nor do we make any assurances regarding, the truth or accuracy of any User reviews or ratings.
We do not remove reviews or ratings, or any portion thereof, unless they contain Inappropriate Information.
We do not set prices for rides.
Eligibility to use the website and the app.
In consideration for using our Services, you must meet the following requirements and agree to the following:
You must be at least eighteen (18) years of age. No one under the age of 18 is permitted to become a User or otherwise book a ride or cause a ride to be booked using the Services without their parent’s or legal guardian’s consent.
You hereby warrant and represent that:
Unless you fully disclose the following and all relevant details in the notes of every ride you offer (either as passenger or driver), and in your “About Me” section, you have never been the subject of any legal action involving, arrested for, charged with, or convicted of any: (a) felony, (b) offense that consisted of endangering the safety of others, dishonesty, or manufacture, sale, transport or distribution of illegal drugs or firearms; (c) moving violation or violations that resulted in suspension of your driver’s license, or (d) offenses for driving under the influence of drugs or alcohol;
Unless you fully disclose the following and all relevant details in the notes of every ride you offer (either as passenger or driver), and in your “About Me” section, you are not and never have been registered, and are not currently required to register, as a sex offender with any governmental entity;
You are not restricted by court order or terms of parole from traveling to your destination or taking part in any portion of your trip.
If you are offering your services as a driver through Swifte, you further represent and warrant each and every of the following:
You have a valid, unexpired driver’s license in your name, which contains no restrictions on your ability to drive others;
You own, or have the legal right to operate, the vehicle you are using to transport passengers booked through Swifte;
Your vehicle is in good operating condition and meets industry safety standards and all applicable legal requirements for a vehicle of its kind;
You are not employed, or otherwise retained or compensated, by any competitor of Swifte, or using your account in any way to compete against Swifte either directly or indirectly;
You have not provided what we determine to be an unreasonable or excessive number or frequency of rides to passengers booked through Swifte. We may monitor your activity levels and reserve the right to terminate your access to the Swifte Website and App if we determine you are exceeding these levels or otherwise using your access to the Website and App as part of a professional driving service, taxi service, or public carrier;
You are physically, mentally and emotionally fit to operate your vehicle;
You have a valid policy of automobile liability insurance consistent with all legal requirements for operation of your vehicle, and that insurance is sufficient to cover anticipated losses related to rides provided in that vehicle;
You are named as an insured on the insurance policy covering the vehicle you are using to transport riders booked through Swifte;
In the event your driver’s license, registration or insurance is revoked or suspended, or is in any way no longer in compliance with applicable laws rules or regulations, after a ride is booked but before the ride is provided, you shall cancel the ride and cease offering any rides until it is again lawful for you to do so.
You will be solely responsible for any and all liability resulting from operation of your vehicle, including without limitation, death, bodily injury, and damage to property;
You will be solely responsible for complying with all legal and insurer requirements in the event you are involved in a motor vehicle accident in connection with a ride booked through Tripda, and you shall be solely responsible for all required contacts to your insurance carrier;
• You will obey all applicable traffic and other local laws with respect to rides provided in your vehicle;
• You will be solely responsible for any such violations of applicable traffic and other local laws;
• You will not make any misrepresentations regarding Swifte, the Website, the App, or Swifte’s services, or your relationship to Swifte, which is as a third party, and not as an agent, employee or representative of Swifte;
• You will not provide transportation as a public carrier or taxi service;
• You will not discriminate or harass anyone on the basis of their race, religion, gender, national origin, sexual orientation, medical condition, marital status, physical or mental disability, or age.
If you do not meet any of these requirements, or provide information that is not current, untrue, inaccurate, incomplete or a breach of these warranties and representations, or we have reasonable grounds to suspect that your information is not current, untrue or accurate or a breach of these warranties and representations, we may, with full reservation of all rights and remedies, exercise our right to terminate or suspend your access to the Website and/or App.
Rules of conduct for using the services.
The following activities are strictly prohibited in connection with use of the Website or App or any services provided in connection therewith:
Harassment in any manner or form (including, without limitation, “stalking” as that term may be defined by applicable law), including via use of the Website, and App, e-mail, chat, or by use of obscene or abusive language;
Using the Swifte platform as a primary means of personal income, or as part of a public carrier or taxi service.
Impersonation of others, including a Swifte or other licensed employee, host, or representative, as well as other members or visitors on this Website or App;
Uploading to the web site, distributing, copying, or using any materials that violate the copyrights, trademarks, or other intellectual property rights of Swifte, or any third party.
Uploading to the web site, distributing, copying or using the existing Website or App content or otherwise publishing through this Website, App, or other third party sites any Inappropriate Information;
Uploading to the web site commercial content on the Website or App, or using the Website of App to solicit others to join or become members of any other commercial online service or other organization;
Stating or implying that any statement made or conduct undertaken by you is endorsed or approved by us without our prior express written consent;
Stealing rides and/or replicating them in other platforms, sites, apps or listing services;
Soliciting other Users to use or purchase any other goods or services, including without limitation any other commercial or non-commercial ride sharing platforms;
Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, the App, or their contents;
Removal of any copyright, trademark or other propriety rights notice appearing on the Website or the App;
Transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Forgery of headers or other manipulation of identifying information in order to disguise the origin of any information transmitted via the Website or the App;
Using technology in any matter without our prior express written authorization in order to direct any person away from our Website to another web site for any purpose;
Modification, adaptation, sublicensing, translation, sale, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website or the App, or causing others to do so.
Transfer or sale of your account with Swifte to another party, or use of your account at Swifte by any third party.
Payments, coupons and promotions
In order to make or receive payments in connection with booking rides on Swifte, you may be asked to provide certain personal information to verify your identity and bank account information, as well as provide a means of payment via credit card, debit card, or other form of electronic payment approved by Swifte. You warrant and represent that the account information and personal information you provide in connection with making or receiving payments via your account is current, complete and accurate. It is your sole responsibility to ensure that all such information is current, complete and accurate. You also grant us permission to use and store such information as required by Swifte for any purpose consistent with the purpose of the Website and the App, including advertising and marketing purposes.
Payments to drivers shall be held by Swifte via its payment processor for up to thirty (30) days following completion of the ride, after which Swifte shall release the funds to the driver via the account information provided by the driver.
In the event a dispute arises between Users regarding payment for a ride, we reserve the right to investigate the dispute and determine in our sole discretion whether the passenger is entitled to a full or partial refund. You agree and acknowledge that all payments made or received by you in connection with rides booked on Swifte are subject to this dispute resolution procedure.
Drivers are not responsible for the costs of promotions or coupons used by passengers. Swifte reserves the right to charge your account if we believe you are abusing our promotions.
Payment processing services for [account holder term, e.g. drivers or sellers] on [the Swifte carpooling app ] are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a [account holder term] on [Swifte], you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [platform name] enabling payment processing services through Stripe, you agree to provide [Swifte] accurate and complete information about you and your business, and you authorize [Swifte ] to share it and transaction information related to your use of the payment processing services provided by Stripe.
Ratings and reviews
By registering via our Website or our App, you agree and acknowledge that you may be subject to reviews and ratings by other Users. You agree and acknowledge that Swifte does not edit or curate such reviews and ratings, does not take effort to ensure their accuracy, and is not responsible for their content.
Use of your personal information
In using the Swifte Website and App, you may from time to time post, provide, publish or display information about yourself, including, without limitation, information contained in your FaceBook profile, including your name, profile picture, e-mail address, birthday, age gender, number of FaceBook friends you have, and your home town (“FaceBook Profile Information”), as well as, photos, videos, postings of messages or content in any public messaging area, or e-mails. (collectively with your FaceBook Profile Information, “Personal Information”). Your Personal Information will be stored on our servers. You consent to our using your Personal Information for any purpose consistent with the purpose of the Website and the App, including without limitation, (i) creation of User account that will allow you to use the services of the Website and/or the App, and (ii) providing that information to advertisers, vendors, and business contract partners of Swifte. You agree and acknowledge that you are solely responsible for your Personal Information and your interactions with other people. You further agree and acknowledge that Swifte acts solely as a passive conduct for your online posting, providing, publishing or display of your Personal Information. You agree to provide us only with accurate, current and complete information as prompted by our registration process and to maintain and timely update your Personal Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that Swifte and other people may rely on your Personal Information as accurate, current and complete. You acknowledge that if your Personal Information is untrue, inaccurate, not current or incomplete in any respect, Swifte has the right to terminate your access to the Website and the App. You may have your User Profile removed by contacting us as set forth in our “Additional Assistance” section below.
Access to information you provide as part of your user profile
E-mails and text messages from Swifte
By becoming a User, you consent to receiving e-mail communications and text messages initiated by Swifte and through Swifte. Standard text messaging charges applied by your cell phone carrier will apply to text messages sent by Swifte If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. If you do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
The opinions, advice, statements, offers, or other information or content expressed on the Website and through the App by persons other than Swifte are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Website or the App, and we do not adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Swifte or for any losses or damages arising from anyone’s reliance on such information. We reserve the right to remove any such material that in our discretion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. The Website and the App may contain links to other web sites (“Third Party Sites ”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content ”). We do not investigate, check or monitor Third Party Sites and Third Party Applications, Software or Content for accuracy, appropriateness, or completeness. We are not responsible for any Third Party Sites accessed through the Website or the App, or any content thereof. If you leave the Website or the App to access Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and Swifte’s terms and policies no longer govern.
In the event you have a dispute with another User regarding payment for the ride and/or whether a full or partial refund is appropriate, the party seeking the remedy must e-mail us as at support@getSwifte.com Attention Legal Department, or call us at 212-804-8740, no later than five (5) business days after the date on which the ride either was or was scheduled to be completed. We will investigate and determine whether a full or partial refund is appropriate pursuant to any refund policy we have in effect and operation at that time. In the event of such a dispute, we reserve the right to withhold payments to drivers pending completion of the investigation and notification of our decision.
Swifte and certain other trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Swifte, Inc. and/or its corporate parent and/or its shareholder/s. Other trademarks, trade names and service marks used or displayed on this Website and App are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website or App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Swifte or such other owner.
Copyrights and other intellectual property
sublicense, sell, assign or otherwise share the Content with anyone;
duplicate any part of the Website, App or any Content appearing on the Website or App, for any purpose (except as expressly provided elsewhere in these Terms);
distribute, share, trade or create any derivative works based on the Website, App, or any of the Content, and you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
use the Website, App and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use ” under 17 U.S.C. § 107;
post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
remove any copyright or other proprietary notices from any of the Content;
circumvent any encryption or other security tool(s) used anywhere on the Website or App.
You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited by the Personal Use License described in this Section and will in all instances be considered commercial uses. Any Personal Use License granted to you will terminate and be immediately revoked upon your use of any Content in violation of this Section.
Linking to this website
You may link and share information between your User Profile and your experiences with Swifte to any other social media or other web site, provided such links and information sharing: (i) are information regarding Swifte and your experience with Swifte, and (ii) are permitted by the site to which you are linking. Creating or maintaining any link from another Web site to any page on this Website other than as provided above without our prior written permission, however, is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
Third party links
From time to time, this Website and/or App may contain links to web sites that are not owned, operated or controlled by Swifte or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website or App. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Website or App, you do so entirely at your own risk.
Temporary unavailability and website downtime
The Website and the App may be temporarily unavailable from time to time for maintenance or other reasons. Swifte assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications as a result of such unavailability. Swifte is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Website or App, or on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services
Swifte may from time to time enter into business arrangements with sponsors of certain events through which event attendees will be encouraged to use Swifte’s services to offer and arrange for rides to and from such events. Swifte assumes no liability for, and you hereby agree to waive to the fullest extent permitted by law, any claims against Swifte, its employees, directors, officers, shareholders, agents and representatives, arising out of or related to any conduct, or any bodily injury, death, damage to property, or any other form of injury or damage that may occur during, or as a result of attending, such events.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have posted, communicated or participated in the posting or communication of Inappropriate Information, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website or App. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
In the event that you have a dispute with one or more Users, you agree to release Swifte, and its officers, directors, employees, shareholders, agents and representatives, from any and all claims, allegations, demands, losses, injuries, costs, fees, expenses and damages of every and any kind and nature, known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way related to such disputes.
In the event you are in a motor vehicle accident, violate any applicable laws, or the rights of any third party, or otherwise suffer death, bodily injury or property damage while participating in a ride booked through Swifte, you agree to release Swifte, and its officers, directors, employees, shareholders, agents and representatives, from any and all claims, allegations, demands, losses, injuries, costs, fees, expenses and damages of every and any kind and nature, known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way related to such conduct.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Disclaimers and limitations of liability
WE DO NOT CLAIM AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USING THE WEBSITE, THE APP, OR ANY OF Swifte’S SERVICES.
WE DO NOT CLAIM OR PROMISE THAT ANY RIDES ARRANGED USING Swifte WILL IN FACT OCCUR; THAT DRIVERS WILL PICK UP PASSENGERS ON TIME OR AT ALL; THAT USERS WILL REACH THEIR DESTINATION ON TIME, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT Swifte HAS MADE NO SUCH CLAIMS OR PROMISES AND THAT TRIPDA SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES.
THIS WEBSITE AND APP, AND THE INFORMATION, MATERIALS AND SERVICES ON THIS WEBSITE AND APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Swifte DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Swifte DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, PRODUCTS, SERVICES OR FUNCTIONS PROVIDED ON OR THROUGH THIS WEBSITE AND APP WILL BE COMPLETE, ACCURATE, UP TO DATE, UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND OR THE SERVER THAT MAKES THIS WEBSITE AND APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIPDA DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE Swifte SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF TRIPDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Swifte ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE OR APP. IN NO EVENT SHALL TRIPDA OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR APP, ANY WEB SITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE DO NOT INVESTIGATE, CONDUCT BACKGROUND CHECKS, EVALUATE OR OTHERWISE SCREEN USERS WHO USE OUR WEBSITE OR APP. AS A RESULT, WE ARE NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF YOUR USE OF THE WEBSITE OR APP OR THE SERVICES PROVIDED THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, YOU AGREE AND ACKNOWLEDGE THAT OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO $150. THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
Swifte IS IN NOT RESPONSIBLE IN ANY MANNER FOR THE CONDUCT OF ITS USERS. Swifte HAS NO OBLIGATION TO INVOLVE ITSELF OR PARTICIPATE IN ANY WAY IN DISPUTES BETWEEN OR AMONG USERS. IT IS EACH AND EVERY USER’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. YOU UNDERSTAND AND ACCEPT THAT Swifte HAS NO CONTROL OVER THE IDENTITY, BACKGROUND OR ACTIONS OF THE RIDERS AND DRIVERS. USERS USE THE WEBSITE, THE APP AND Swifte’S SERVICES SOLELY AT THEIR OWN RISK
You shall defend, indemnify, and hold harmless Swifte and any of its officers, directors, employees, agents, shareholders and representatives for any losses, damages, judgments, orders, costs, liabilities and expenses (including without limitation reasonable attorneys’ fees and expert fees) relating to or arising out claims or allegations brought by third parties related to or arising out of Your use of the Service, including, without limitation, the following: (i) your breach or repudiation of any obligations, representations or warranties set forth in this Agreement or documents; (ii) your violation of any criminal law or any civil law, rule or regulation, including without limitation applicable state motor vehicle laws; (iii) your violation of any third party’s rights under applicable law, including without limitation infringement of a third party’s intellectual property rights; (iv) death, bodily injury or other damage to person, or damage to property caused by your conduct or omissions. This indemnity shall apply without regard to the negligence of any party, including any indemnified person. We reserve the right to retain additional counsel to represent us at our own cost and expense.
We may deliver notices to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us. We reserve the right to withdraw any recurring transaction, order or service without notification prior to withdrawing such service and shall have no liability whatsoever to you in connection with deletion of any such service.
Choice of law
Binding arbitration for disputes
Any legal disputes or claims arising out of or related to the Agreement or use of the Website, App or Services that we cannot resolve through negotiated means exclusively shall be submitted for binding arbitration in New York County, New York. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules using a single arbitrator, unless otherwise mutually agreed. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and shall be final and binding. claims shall be brought within the limitations period required by applicable law. Any claim, action or proceeding arising out of or related to the Agreement that you bring must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
We may suspend or terminate your account or your use of this Website and/or App, cancel your registration, and/or remove your profile and any content posted by or about you on the Website or App at any time, for any reason or for no reason. You are personally liable for any charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website and/or App at any time without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. Following any such suspension or termination, we reserve the right to send a notice thereof to any other Users with whom we believe the individual has corresponded. In the event we terminate or suspend your account, you agree and acknowledge that you shall not open one or more additional accounts through Tripda using a different name or identity, nor shall you cause someone else to do so acting on your behalf.
Domestic use; Export restriction
We make no representation that the Website, the App, or their content (including, without limitation, any services available on or through the Website and/or App) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website or App may be downloaded in violation of applicable law.
Nothing in this Agreement, or in your use of the Website or the App, shall create between us a partnership, joint venture, employer-employee relationship, or franchisor-franchisee relationship. Our relationship shall be solely as independent contractors.