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PART 1: BOOKING SERVICE TERMS
“Booking Services” means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Hitch acting as the agent of the Transportation Provider.
“Transportation Provider” means any public service vehicle for carriage of passenger, including but not limited to, taxis, minibuses and limousines drivers and operators duly licensed and regulated in accordance with the applicable laws of Bermuda.
“Hitch” shall mean Hitch, a private limited liability company incorporated and registered in Bermuda whose registered office is at 31 Maranatha House, Dundonald Street, Hamilton HM 10
“Hitch App” means the software application and related services provided by Hitch to you pursuant to the terms and conditions set forth in Part 2.
“Website” shall mean http://www.hitch.bm/
Hitch accepts Bookings acting as disclosed agent for the Transportation Provider (as principal). Such acceptance by Hitch as agent for the Transportation Provider gives rise to a contract for the provision to you of transportation services between you and the Transportation Provider (the “ Transportation Contract”). For the avoidance of doubt: Hitch does not itself provide transportation services, and Hitch is not a Transportation Provider. Hitch acts as intermediary between you and the Transportation Provider. You acknowledge and agree that the provision to you of transportation services by the Transportation Provider is pursuant to the Transportation Contract and that Hitch accepts your booking as agent for the Transportation Provider, but is not a party to that contract.
For the sake of clarity, your Booking will be allocated to the nearest available Transportation Provider by the Hitch entity which holds the relevant operator license.
Hitch provides certain services through the Hitch App installed on your GPS-enabled smartphone (the “Booking Services”). The Booking Services provided by Hitch include:
The Booking Services are provided by Hitch to you free of charge. Hitch reserves the right to introduce a fee for the provision of the Booking Services. If Hitch decides to introduce such a fee, Hitch shall inform you accordingly and allow you to either continue or terminate the Booking Services at your option.
The rates that apply for the transportation services provided by the Transportation Provider can be found on the Website and through the Hitch App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.
Hitch will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude Hitch’s liability to you for personal injury or death caused directly by Hitch’s negligence.
The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of Bermuda.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of Bermuda.
PART 2: USER TERMS
These User Terms apply to your visit to and your use of our website at http://www.hitch.bm/ (the “Website”), the Hitch App (as defined in Part 1 above) as well as to all other information, recommendations and/or services provided to you on or through the Website and the Hitch App (together the “Services”), but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above.
Please read these User Terms carefully before downloading the Hitch App and/or using the Services.
Your contracting partner in relation to your use of the Website, the Hitch App and/or the Services is Hitch, a private limited liability company established in Bermuda, having its offices at 31 Maranatha House, Dundonald Street, Hamilton HM 10 (“Hitch”).
The Hitch App and the Website provide means to enable you to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the “Transportation Provider”). In relation to Bookings, the Website and the Hitch App enable you to access the Booking Services provided by Hitch described in Part 1 above.
By using the Hitch App and/or the Services, you enter into a contract with Hitch (the “Contract”). In order to be able to use the Hitch App or the Services, you first need to set up your personal account. In order to do so, you must first provide Hitch with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with Hitch, Hitch will provide you with a personal account, accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Hitch App and the Services. If you reside in a jurisdiction that restricts the use of the Hitch App or the Services because of age, or restricts the ability to enter into agreements such as these User Terms due to age, you must abide by such age limits and you must not use the Hitch App or the Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms.
The GPS receiver – which should be installed on the mobile device (smart phone) on which you have downloaded the Hitch App – detects your location. When you make a Booking that is accepted by Hitch as set out in Part 1 above, you will be provided, via the Hitch App with information regarding the Transportation Provider – including identity, vehicle licence number, and customer service rating – and the ability to contact the Transportation Provider by telephone. The Hitch App also allows you to view the Transportation Provider’s progress towards the pick-up point, in real time.
For the avoidance of doubt: Hitch does not itself provide transportation services, and Hitch is not a Transportation Provider. You acknowledge and agree that the provision to you of transportation services by the Transportation Provider is pursuant to the Transportation Contract and that Hitch is not a party to that contract.
You warrant that the information you provide to Hitch is accurate and complete. Hitch is entitled at all times to verify the information that you have provided and to refuse use of the Hitch App or the Services without providing reasons.
You may only access the Services using authorized means. It is your responsibility to ensure that you download the correct application for your device. Hitch is not liable if you do not have a compatible mobile device or if you download the wrong version of the Hitch App for your mobile device. Hitch reserves the right to terminate the use of the Hitch App or the Services should you be using the Hitch App or the Services with an incompatible or unauthorized device.
By using the Hitch App or the Services, you further agree that:
Hitch reserves the right immediately to terminate the use of the Hitch App and/or the Services should you not comply with any of the above rules.
The use of the Hitch App and the Services is free of charge. Hitch reserves the right to introduce a fee for the use of the Hitch App and/or the Services. If Hitch decides to introduce such a fee, Hitch shall inform you accordingly and allow you either to continue or terminate the Contract, at your option.
The rates that apply for the transportation services by the Transportation Provider can be found on the Website and through the Hitch App. These may be modified or updated by Hitch from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.
You will make payment to Hitch, acting as agent for the Transportation Provider, in respect of the transportation services provided to you by the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that Hitch may charge your credit card account) as provided by you when registering for the Services) for the transportation services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Hitch with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Hitch uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Hitch App and the Services. The processing of payments or credits, as applicable, in connection with your use of the Hitch App and Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Hitch is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Hitch will obtain certain transaction details, which Hitch will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Hitch App or the Services, you agree that you shall defend, indemnify and hold Hitch, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
The information, recommendations and/or services provided to you on or through the Website, the Services and/or the Hitch App is for general information purposes only and does not constitute advice. Hitch will use reasonable endeavours to keep the Website and the Hitch App and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or the Hitch App are free of errors, defects, malware and viruses or that the Website and/or the Hitch App are correct, up to date and accurate.
Hitch shall not be liable for any damages resulting from the use of (or inability to use) the Website or the Hitch App (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of information or the Website or the Hitch App, unless such damage is the result of any wilful misconduct or gross negligence on the part of Hitch.
Hitch shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Website and/or the Hitch App, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Hitch’s aggregate liability to you shall in no event exceed an amount of BMD 500 or, where applicable, the equivalent of that amount in the currency used by you for the payment for the transportation services provided to you by the Transportation Provider.
The quality of the transportation services requested through the use of the Hitch App and/or the Services is entirely the responsibility of the Transportation Provider who provides such transportation services to you. Hitch under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behaviour, conduct, and/or negligence on the part of the Transportation Provider or its employees. Any complaints about the transportation services provided by the Transportation Provider should be submitted to the Transportation Provider.
For the purpose of this section, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Hitch App), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Hitch Content” means Content owned or used by Hitch, its affiliates or licensors and made available through the Website, the Services or the Hitch App, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Services or the Hitch App.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or the Hitch App.
“Collective Content” means, collectively, Hitch Content and User Content.
Subject to your compliance with these User Terms, Hitch grants you a limited, non-exclusive, non-transferable license:
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, the Services, the Hitch App or Collective Content, except as expressly permitted by these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Hitch. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hitch or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted By User
Hitch may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services or the Hitch App. User Content will be deemed non-confidential and non-proprietary. Accordingly, Hitch shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that Hitch only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Hitch shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Hitch be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Hitch.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements.
Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Hitch, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Hitch or its affiliated companies related to any User Content posted or transmitted by you and/or any other use by you of the Website, the Services or the Hitch App.
Hitch reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Hitch believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Hitch.
You agree promptly to notify Hitch in writing of any User Content which breaches these User Terms. You agree to provide to Hitch sufficient information to enable Hitch to investigate whether such User Content breaches these User Terms. Hitch agrees to make good faith efforts to investigate and shall take such action as Hitch in its sole discretion decides. However, Hitch does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, Hitch grants you a limited non-exclusive, non-transferable license to download and install a copy of the Hitch App on a single mobile device that you own or control and to run such copy of the Hitch App solely for your own personal use.
You shall not
You shall not:
Hitch will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Hitch may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Hitch has no obligation to monitor your access to or use of the Website, Services, the Hitch App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Hitch App and the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Hitch reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Hitch, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Services or the Hitch App.
Hitch respects copyright law and expects its users to do the same. It is Hitch’s policy to terminate in appropriate circumstances use of the Hitch App and the Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
Intellectual Property Ownership
Hitch alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Hitch App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the Hitch App or the Services.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Hitch App or the Services, or any intellectual property rights owned by Hitch. Hitch’s name, logo, and the product names associated with the Hitch App and the Services are trademarks of Hitch, its affiliated companies or third parties, and no right or license is granted to use them.
With respect to Hitch App accessed through or downloaded from the Apple App Store (“App Store Sourced Application”) or from Google Play (“Google Play Sourced Application”), you will use the App Store and Google Play Sourced Application only:
You acknowledge and agree that
You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App Store and Google Play Sourced Application.
In the event of any failure of the App Store or Google Play Sourced Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will, where applicable, refund the purchase price for the App Store or Google Play Sourced Application to you and to the maximum extent permitted by applicable law Apple or Google will have no other warranty obligation whatsoever with respect to the App Store or Google Play Sourced Application. As between Hitch and Apple or Google, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hitch.
You and Hitch acknowledge that, as between Hitch and Apple or Google, Apple or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store or Google Play Sourced Application or your possession and use of the App Store or Google Play Sourced Application, including, but not limited to:
You and Hitch acknowledge that, in the event of any third party claim that the App Store or Google Play Sourced Application or your possession and use of an App Store or Google Play Sourced Application infringes that third party’s intellectual property rights, as between Hitch and Apple or Google, Hitch, not Apple or Google, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Hitch acknowledge and agree that Apple or Google, and Apple’s or Google’s subsidiaries, are third party beneficiaries in relation to your license of the App Store or Google Play Sourced Application, and that, upon your acceptance of these User Terms, Apple or Google Play will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store or Google Play Sourced Application against you as a third party beneficiary thereof.
Without limiting any provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store or Google Play Sourced Application.
During the use of the Website, the Hitch App and the Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links take you off the Website, the Hitch App and the Services and are beyond Hitch’s control.
Please note that such websites may send their own cookies to users, collect data and/or solicit personal information, and you are therefore advised to check the terms and conditions of use of such websites prior to using them.
This agreement in respect of the User Terms between Hitch and you shall (subject to this paragraph) subsist for an indefinite period.
You are entitled to terminate this agreement in respect of the User Terms at any time by permanent deletion of the Hitch App installed on your smart phone, thus disabling the use by you of the Hitch App and the Services. You can close your user account at any time by following the instructions on Hitch’s website.
Hitch is entitled to terminate this agreement in respect of the User Terms at any time and with immediate effect (by disabling your use of the Hitch App and the Services) if you:
Hitch is not obliged to give you notice of such termination in advance. After termination Hitch will give notice thereof in accordance with these User Terms.
The invalidity of any part of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any part of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the invalid part as much as possible, taking into account the content and the purpose of these User Terms.
Hitch reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Services or the Hitch App (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, the Hitch App or via email. Hitch may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Hitch may give notice by means of a general notice on the Services or the Hitch App, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.
You may not assign any of your rights under these User Terms without prior written approval of Hitch.
The User Terms contained in this Part 2 are subject to the laws of Bermuda. Any dispute, claim or controversy arising out of or relating to the User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Services or the User App will be determined exclusively by the competent court in Hamilton, Bermuda, unless you notify Hitch within one month after Hitch invoking its right pursuant to this provision to commence court proceedings in Hamilton, Bermuda, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into another language, the English text shall prevail.
Hitch collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The Services are provided by Hitch and its affiliates (collectively “Hitch”), and this Privacy Statement applies to information collected and used by Hitch.
SCOPE AND APPLICATION
This Privacy Statement (“Statement“) applies to persons anywhere in the world who use the Hitch App, our website at http://www.hitch.bm (the “Website”) as well as to all other information, recommendations and/or services provided to you on or through the Website and the Hitch App (collectively “Services”) to request transportation, delivery, or other on-demand services (“Users”). This Statement does not apply to information we collect from or about drivers, couriers, partner transportation companies, or any other persons who use the Hitch platform under license (collectively “Drivers”). If you interact with the Services as both a User and a Driver, the respective privacy statements apply to your different interactions.
COLLECTION OF INFORMATION
INFORMATION YOU PROVIDE TO US
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES
When you use our Services, we collect information about you in the following general categories:
IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Hitch app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Hitch app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
INFORMATION WE COLLECT FROM OTHER SOURCES
We may also receive information from other sources and combine that with information we collect through our Services. For example:
USE OF INFORMATION
We may use the information we collect about you to:
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement. If you are in the EU or Switzerland, please see the Safe Harbor notice below.
SHARING OF INFORMATION
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
THROUGH OUR SERVICES
We may share your information:
OTHER IMPORTANT SHARING
We may share your information:
SOCIAL SHARING FEATURES
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at [email protected] Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Hitch will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver’s device nor our ability to derive approximate location from your IP address.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
CHANGES TO THE STATEMENT
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
If you have any questions about this Privacy Statement, please contact us at [email protected] or write us at Hitch, Attn: Legal, 31 Maranatha House, Dundonald Street, Hamilton HM 10. .
This Software License and Drivers Agreement (“Agreement”) constitutes a legal agreement between you, an individual (“you”) and Hitch Limited of 31 Maranatha House, Dundonald Street, Hamilton HM 10 (the “Company”).
Company provides pre-arranged booking services to independent providers of passenger transportation services using the Hitch App (as defined below). The Hitch App enables an authorized transportation provider to seek, receive and fulfill pre-arranged booking requests for transportation services from an authorized user of Hitch’s mobile applications. You desire to enter into this Agreement for the purpose of accessing and using the Hitch App.
You acknowledge and agree that Company is a technology services provider that does not provide transportation services.
In order to use the Hitch App, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, you and Company shall be bound by the terms and conditions set forth herein.
IMPORTANT: PLEASE NOTE THAT TO USE THE HITCH APP, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
1.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity.
1.2 “City Addendum” means an addendum to this Agreement setting forth additional Territory-specific terms, as updated by Hitch from time to time.
1.3 “Company Data” means all data related to the access and use of the Hitch App hereunder, including all data related to Users (including User information), all data related to the provision of Transportation Services via the Hitch App and the Driver App, and the Driver ID.
1.4 “Company Device” means a mobile device owned or controlled by Company that is provided to you solely for your use of the Driver App to provide Transportation Services.
1.5 “Device” means a Company device or your device, as the case may be.
1.6 “Driver App” means the mobile application provided by Company that enables transportation providers to access the Hitch App for the purpose of pre-arranged booking requests for transportation services by Users, as may be updated or modified from time to time.
1.7 “Driver ID” means the identification and password key assigned by Company to you that enables you to use and access the Driver App.
1.8 “Fare” has the meaning set forth in Section 4.1.
1.9 “Service Fee” has the meaning set forth in Section 4.4.
1.10 “Territory” means the city or metro areas in Bermuda in which you are enabled by the Driver App to provide Transportation Services.
1.11 “Tolls” means any applicable road, bridge, ferry, tunnel and airport charges and fees, including inner-city congestion, environmental or similar charges as reasonably determined by the Hitch App based on available information.
1.12 “Transportation Services” means your provision of pre-arranged transportation services to Users via the Hitch App in the Territory using the vehicle.
1.13 “Hitch App” means Hitch’s on-demand services by Company that enable transportation providers to seek, receive and fulfill pre-arranged booking requests for transportation services by Users seeking transportation services, which services include Hitch’s software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified from time to time.
1.14 “User” means an end user authorized by Hitch to use the Hitch mobile application for the purpose of obtaining Transportation Services offered by Company’s transportation provider customers.
1.15 “User information” means information about a User made available to you in connection with such User’s request for and use of Transportation Services, which may include the User’s name, pick‐up location, contact information and photo.
1.16 “Vehicle” means your vehicle that:
1.17 “Your Device” means a mobile device owned or controlled by you:
2.1 Driver IDs.
Hitch will issue you a Driver ID to enable you to access and use the Driver App on a Device in accordance with this Agreement. You acknowledge and agree that you are required to fulfill a request for Transportation Services using the Driver App at least once a month to maintain an active Driver profile, and Company reserves the right to deactivate Your Driver ID if you have not fulfilled a request for Transportation Services using the Driver App at least once a month. You agree that you will maintain your Driver ID in confidence and not share your Driver ID with any third party. You will immediately notify Company of any actual or suspected breach or improper use or disclosure of your Driver ID or the Driver App.
2.2 Provision of Transportation Services.
When the Driver App is active, User requests for Transportation Services may appear to you via the Driver App if you are available and in the vicinity of the User. If you accept a User’s request for Transportation Services, the Hitch App will provide you with certain User information via the Driver App, including the User’s first name and pickup location. It is recommended that you wait at least five (5) minutes for a User to show up at the requested pick-up location. You will obtain the destination from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination via Hitch’s mobile application. You acknowledge and agree that once you have accepted a User’s request for Transportation Services, Hitch’s mobile application may provide certain information about you to the User, including your first name, contact information, photo and location, and your vehicle’s make and license plate number. You shall not contact any Users for any reason except for the purposes of fulfilling Transportation Services. As between Company and you, you acknowledge and agree that:
2.3 Your Relationship with Users.
You acknowledge and agree that your provision of Transportation Services to Users creates a direct business relationship between you and the User. Company is not responsible or liable for the actions or inactions of a User in relation to your activities or your vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of Transportation Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. You acknowledge and agree that Company may release your contact and/or insurance information to a User upon such User’s reasonable request. You acknowledge and agree that, unless specifically consented to by a User, you may not transport or allow inside your Vehicle individuals other than a User and any individuals authorized by such User, during the performance of Transportation Services for such User. You acknowledge and agree that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
2.4 Your Relationship with Company.
You acknowledge and agree that Company’s provision to you of the Driver App and the Hitch App creates a direct business relationship between Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when and for how long you will utilize the Driver App or the Hitch App. You retain the option, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation Services via the Hitch App, or to cancel an accepted request for Transportation Services via the Driver App, subject to Company’s then-current cancellation policies. With the exception of any signage required by local law or permit/license requirements, Company shall have no right to require you to:
You acknowledge and agree that your geo-location information must be provided to the Hitch App via a Device in order to provide Transportation Services. You acknowledge and agree that:
3.1 Your Requirements. You acknowledge and agree that at all times, you shall:
3.2 Vehicle Requirements. You acknowledge and agree that your Vehicle shall at all times be:
3.3 Documentation. To ensure your compliance with all requirements in Sections 3.1 and 3.2 above, you must provide Company with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to your provision of any Transportation Services. Thereafter, you must submit to Company written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Company shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement.
4.1 Fare Calculation and your Payment. You are entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the Hitch App (“Fare”), Where such Fare is calculated based upon a base fare amount plus mileage and/or time amounts, as detailed for the applicable Territory (“Fare Calculation”). You are also entitled to charge User for any Tolls, Taxes or fees incurred during the provision of Transportation Services, and, if applicable. You:
In addition, the parties acknowledge and agree that as between you and Company, the fare is a recommended amount, and the primary purpose of the pre-arranged fare is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to:
4.2 Changes to fare Calculation. Company reserves the right to change the fare calculation at any time in Company’s discretion based upon local market factors, and Company will provide you with notice in the event of such change that would result in a change in the recommended fare for each instance of completed Transportation Services. Continued use of the Hitch App after any such change in the fare calculation shall constitutes your consent to such change.
4.3 Fare Adjustment. Company reserves the right to:
4.4 Service Fee. In Consideration of Company’s provision of the Driver App and the Hitch App for your use and benefit hereunder, you agree to pay Company a service fee on a per Transportation Services Transaction basis calculated as a percentage of the fare (regardless of any Negotiated Fare), as provided or otherwise made available by Company from time to time for the applicable Territory (“Service Fee”). In the event regulations applicable to your Territory require taxes to be imputed in the fare, Company shall calculate the Service Fee based on the fare net of such taxes. Company reserves the right to change the Service Fee at any time in Company’s discretion based upon local market factors, and Company will provide you with notice in the event of such change. Continued use of the Hitch App after any such change in the Service Fee calculation shall constitute your consent to such change.
4.5 Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for Transportation Services that have been accepted by you via the Driver App at any time prior to your arrival. In the event that a User cancels an accepted request for Transportation Services, Company may charge the User a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed the fare for the cancelled Transportation Services for the purpose of remittance to you hereunder.
4.6 Receipts. As Part of the Hitch App, Company provides you a system for the delivery of receipts to Users for Transportation Services rendered. Upon your completion of Transportation Services for a User, Company Prepares an applicable receipt and issues such receipt to the User via email on your behalf. Such Receipts are also provided to you. Receipts include the breakdown of amounts charged to the User for Transportation Services and may include specific information about you, including your name, contact information and photo, as well as a map of the route you took. Any Corrections to a User’s Receipt for Transportation Services must be submitted to Company in writing within three (3) Business days after the completion of such Transportation Services. Absent such a notice, Company shall not is liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the fare.
4.7 No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Company and its Affiliates may seek to attract new Users to Hitch and to increase existing Users’ use of Hitch’s Mobile application. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
4.8 Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Transportation Services.
5.1 License Grant. Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non‐transferable, non‐sublicensable, non-assignable license, during the term of this Agreement, to use the Hitch App (including the Driver App on a device) solely for the purpose of providing Transportation Services to Users and tracking resulting fares and Fees. All rights not expressly granted to you are reserved by Company, its Affiliates and their respective licensors.
You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Hitch App, Driver App or any Company Device in any way; (b) Modify or make derivative works based upon the Hitch App or Driver App; (c) Improperly use the Hitch App or Driver App, including creating internet “links” to any part of the Hitch App or Driver App, “framing” or “mirroring” any part of the Hitch App or Driver App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Hitch App or Driver App; reverse engineer, decompile, modify, or disassemble the Hitch App or Driver App, except as allowed under applicable law; or (d) send Spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Hitch App or Driver App to:
5.3 Ownership. The Hitch App, Driver App and Company Data, including all intellectual property rights therein, and the Company devices are and shall remain (as between you and Company) the property of Company, its Affiliates or their respective licensors. Neither this Agreement nor your use of the Hitch App, Driver App or Company Data Conveys or grants to you any rights: (a) in or related to the Hitch App, Driver App or Company Data, except for the limited license granted above; or (b) to use or reference in any manner Company’s, its Affiliates’, or their respective licensors’ company names, logos, product and service names, trademarks, services marks or other indicia of ownership.
6.1 Each Party acknowledges and agrees that in the performance of this Agreement It may have access to or maybe exposed to, directly or indirectly, confidential information of the other party (“Confidential information“). Confidential information includes Company Data, Driver IDs, User information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non‐public information of each party that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
6.2 Each Party acknowledges and agrees that: (a) All Confidential information shall remain the exclusive property of the disclosing party; (b) It shall not use Confidential information of the other party for any purpose except in furtherance of this Agreement; (c) It shall not disclose Confidential information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“Permitted Persons“) as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non‐use no less protective than the terms hereof; and (d) It shall return or destroy all Confidential information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record‐keeping requirements).
6.3 Notwithstanding the foregoing, Confidential information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
7.1 Disclosure of your information. Subject to applicable law and regulation, Company and its Affiliates may, but shall not be required to, provide to you, a User, an insurance company and/or relevant authorities and/or regulatory agencies any information (including Personal information (e.g., information obtained about you through any background check) and any Company Data) about you or any Transportation Services provided hereunder if: (a) There is a complaint, dispute or conflict, including an accident, between you and a User; (b) It is necessary to enforce the terms of this Agreement; It is required, in Company’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., Company or its Affiliates Receive a subpoena, warrant, or other legal process for information); or (d) It is necessary, in Company’s or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Company or its Affiliates, the Hitch App or any third party; to protect the safety of the public for any reason; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity Company or its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity).
7.2 Information provided by you and collected about you may be transferred or accessed by Company and its Affiliates around the world, including in jurisdictions that may have less protective privacy laws than your country. You expressly consent to Company’s and its Affiliates’ use of location-based services and you expressly waive and release Company and its Affiliates from any and all liability, claims, causes of action or damages arising from your use of the Hitch App, or in any way relating to the use of the geo-location and other location‐based services.
7.3 Company and its Affiliates may collect your personal data during the course of your application for, and use of, the Hitch App, which information may be stored, processed, and accessed by Company and its Affiliates for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Company’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.
8.1 You agree to maintain during the term of this Agreement on all vehicles operated by you under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the Territory. This coverage must also include any no‐fault coverage required by law in the Territory that may not be waived by an insured. You agree to provide Company and its Affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section 8.1 upon request. Furthermore, you must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section 8.1 at all times.
8.2 You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the Transportation Services you provide pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not Company’s, to resolve them with your insurer(s).
8.3 Company may maintain during the term of this Agreement insurance related to your provision of Transportation Services as determined by Company in its reasonable discretion, provided that Company and its Affiliates are not required providing you with any specific insurance coverage for any loss to you or your Vehicle. You are required to promptly notify Company of any accidents that occur while providing Transportation Services and to cooperate and provide all necessary information related thereto.
9.1 By You.
You hereby represent and warrant that: (a) You have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) You have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) You will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Transportation Services using the Vehicles pursuant to this Agreement, and (ii) Passenger transportation services to third parties in the Territory generally.
9.2 Disclaimer of Warranties.
COMPANY AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE HITCH APP, DRIVER APP AND THE COMPANY DEVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE HITCH APP, DRIVER APP OR THE COMPANY DEVICES: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR TRANSPORTATION SERVICES. COMPANY AND ITS AFFILIATES FUNCTION AS AN ON–‐DEMAND LEAD GENERATION AND RELATED SERVICE ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR RECEIVE TRANSPORTATION SERVICES FROM YOU, AND COMPANY AND ITS AFFILIATES DO NOT SCREEN OR OTHERWISE EVALUATE USERS. BY USING THE HITCH APP AND DRIVER APP, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE HITCH APP OR DRIVER APP.NOTWITHSTANDING COMPANY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF YOU FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON YOUR BEHALF AS SET FORTH IN SECTION 4 ABOVE, COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY USER OR OTHE THIRD PARTY.
9.3 No Service Guarantee.
COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE HITCH APP OR DRIVER APP. YOU ACKNOWLEDGE AND AGREE THAT THE HITCH APP OR DRIVER APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE HITCH APP OR DRIVER APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
You shall indemnify, defend (at Company’s option) and hold harmless Company and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including Legal fees), damages, penalties, fines, social contributions and taxes arising out of or related to: (a) Your breach of your representations, warranties or obligations under this Agreement; or (b) A claim by a third party (including Users, Regulators and governmental authorities) directly or indirectly related to your provision of Transportation Services or use of the Hitch App.
COMPANY AND ITS AFFILIATES SHALL NOT BELIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO SECTION 4 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12.1 Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
12.2 Termination. Either Party may terminate this Agreement: (a) Without cause at any time upon seven (7) Days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Company may terminate this Agreement or deactivate your Driver ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of Company and its Affiliates, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
12.3 Effect of Termination. Upon Termination of the Agreement, you shall: (a) Promptly return to Company all Company devices; and (b) Immediately delete and fully remove the Driver App from any of your devices. Outstanding Payment obligations and Sections 1, 2.3, 2.5.3, 4.7, 4.8, 5.3, 6, 7, 9, 10, 11, 12.3, 13, 14 and 15 shall survive the termination of this Agreement.
13.1 Except as otherwise expressly provided herein with respect to Company Acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The Parties expressly agree that: (a) This Agreement is not an employment agreement, nor does it create an employment relationship, between Company and you; and (b) No joint venture, partnership, or agency relationship exists between Company and you.
13.2 You have no authority to bind Company or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of Company or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Company, you undertake and agree to indemnify, defend (at Company’s option) and hold Company and its Affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
14.1 Modification. Company reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the portal available to you on the Hitch App. Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Hitch App, or downloading, installing or using the Driver App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to fare calculations. Continued use of the Hitch App or Driver App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
14.2 Supplemental Terms. Supplemental Terms may apply to your use of the Hitch App, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
14.3 Severability. In the event that any provision of this Agreement is or becomes invalid or non‐binding, the parties shall remain bound by all other provisions hereof not held invalid or non-binding. In that event, the parties shall replace the invalid or non‐binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non‐binding provision, given the contents and purpose of this Agreement.
14.4 Assignment. Neither Party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that Company may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or to an acquirer of all or substantially all of Company’s business, equity or assets.
14.5 Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
14.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third‐party beneficiary claims.
14.7 Notices. Any Notice delivered by Company to you under this Agreement will is delivered by email to the email address associated with your account or by posting on the portal available to you on the Hitch App. Any notice delivered by you to Company under this Agreement will is delivered by contacting Company in the “Contact Us” section. Additional Territory‐specific notices may be required from time to time.
15.1 The interpretation of this Agreement shall be governed by Bermuda law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Hitch App shall be subject to the exclusive jurisdiction of located in the City of Hamilton, Bermuda. However, neither the choice of law provision regarding the interpretation of this Agreement nor the forum selection provision is intended to create any other substantive right to non-Bermudians to assert claims under Bermuda law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Bermuda law to interpret this Agreement and the forum for disputes asserting a breach of this Agreement, and these provisions shall not be interpreted as generally extending Bermuda law to you if you do not otherwise reside or provide services in Bermuda. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hitch in writing.
15.2 Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Hitch App may be subject to arbitration pursuant to Section 15.3.
15.3 Arbitration Provision
Important note regarding this Arbitration provision:
IMPORTANT: This Arbitration provision will require you to resolve any claim that you may have against the Company or Hitch on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against the Company or Hitch. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the Company or Hitch by someone else.
The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. But if you do agree to arbitration with the Company, you are agreeing in advance that you will not participate in and therefore, will not seek to recover monetary or other relief under any such class, collective, and/or representative lawsuit.
However, as discussed above, if you agree to arbitration, you will not be precluded from bringing your claims against the Company or Hitch in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator (subject to splitting the cost of arbitration as mentioned above).
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ABRITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS INCLUDING BUT NOT LIMITED TO AN ATTORNEY REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
This Arbitration provision is governed by the Arbitration Act 1986. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.
Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship.
The Arbitrator shall be selected by mutual agreement of the Company and you. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted are tired federal judicial officer who presided in the jurisdiction where the arbitration will be conducted.
iii. Starting the Arbitration.
All Claims in arbitration are subject to the same statutes of limitation that would apply in court. The Party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company or Hitch shall be provided to 31 Maranatha House, Dundonald Street, Hamilton HM 10. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator. You and the Company agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceeds on an individual basis only.
Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees tithe prevailing party). In all cases where required by law, the Company will pay the Arbitrator’s and arbitration fees. If under applicable law the Company is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 Days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, Neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A Court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not has the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Enforcement of this Agreement
This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. By clicking “I accept”, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Company.
When you use Hitch App on your iOS device as a rider, you’ll see contextual dialogs asking you to approve certain permissions that the app requests. Allowing these permissions will ensure you have the best possible experience with Hitch App, but you’ll have the choice to opt out of each iOS permission on an individual basis. (If you’re an Android user, please see our Android App Permissions.)
To make sure you understand what features we access and what data we collect through these iOS permissions, we’ve provided a more detailed breakdown and discussion of the permissions below. You can edit your Hitch App permissions anytime by going into the Settings app on your device.
You’ll see this dialog during the registration process. If you opt in, the app will collect and send precise location data to Hitch App’s servers. We use that data to personalize your experience; to display trip history in your receipts; to facilitate driver selection and pickup; to determine what products, promotions, and surveys are relevant to you; to use for analytics purposes at an aggregated level; and to customize and improve the location-based services we provide. We may cache your last known location to speed up the launch process, but we will not store a history of your location to persistent memory on the device.
You’ll see this permission the first time you use a feature in the app that has the ability to utilize contact information, for example when you refer a friend to Hitch App. If you opt in, the app will be able to access the contacts on your phone and we’ll create an address book in the app that you can use for a number of social features, like splitting fares and inviting friends to join Hitch App. We’ll also use the information to make recommendations for you and other users and to customize your experience in using Hitch App services. All the contact information will be stored on our servers and synced from your phone. Hitch App will not share your contacts with anyone else or reach out to any of your contacts on your behalf without your permission.
If you opt out of this permission, you’ll have to manually enter contact information anytime you split fares, refer a friend, or use other social features in the app.
You’ll see this dialog once you’ve completed the registration process with Hitch App but before you request your first ride. If you opt in, Apple Push Notification Service generates a unique token for your device and passes it to Hitch App; this device token is then sent to Hitch App’s servers and stored so that Push Notifications can be sent to you. You can read more about how Apple Push Notifications work here.
If you opt out of Push Notifications, you’ll receive updates about your trip by text message (these communications are not optional). Note that if you initially tapped Don’t Allow, the only way to opt into Push Notifications from Hitch App is to update your preferences in your phone’s Settings app.
You’ll see this dialog when you add a photo to your Hitch App profile (and select “Take New” instead of “Choose Existing”). You can still add an existing photo to your user profile by granting access to your Photos (see below).
You’ll see this dialog when you attempt to add an existing photo to your Hitch App user profile. If you don’t allow the app access to Photos, you can still select to take a new photo for your Hitch App user profile by allowing the Hitch App app to access your phone’s Camera.
When you install Hitch App on your Android phone as a rider, you’re shown a list of permissions that the app requests. The descriptions of these permissions are created by Google and are worded the same for every app — currently, there’s no way for Hitch App to customize them. So, to make sure you understand what features we access and what data we actually collect, we’ve provided a more detailed breakdown and discussion of the permissions below. Click on any of the permissions and you’ll be linked to Google’s official documentation for that permission. (If you’re an iOS user, please see our iOS App Permissions.)
These permissions allow Hitch App to prepopulate your email address, first name, last name and phone number from your contact card during registration.
When you use Split Fare, Hitch App sends the mobile numbers of the friends you select to its servers so those people can be notified. Hitch App will never use that information to contact your friends without your consent. This permission is also used to prepopulate your first name, last name, profile image, and mobile number during registration. You can then edit these fields, and the updated values are sent to Hitch App when you create your account.
The app does not store your location to persistent memory on the device, but does collect and send approximate and precise location data to Hitch App’s servers to personalize your experience; to display trip history in your receipts; to facilitate driver selection and pickup; to determine what products, promotions, and surveys are relevant to you; to use for analytics purposes at an aggregated level; and to customize and improve the location-based services we provide.
When you sign up for Hitch App, we send a 4-digit verification code, via SMS, to the mobile number that you provided. The “Receive SMS” permission allows the app to look for that incoming SMS message and automatically verify that we have your correct mobile number. The window of time during which the app looks for that incoming SMS is limited to 60 minutes. Hitch App only uses this permission to search for the verification message that we send. We do not send to our servers or save the content of any messages other than the verification message.
The app requests access to make phone calls so you can contact your driver/passenger from the Hitch App app if needed.
The mapping libraries in the app use these permissions to allow map data to be saved to your phone’s external storage, like SD cards. By saving map data locally, your phone doesn’t need to re-download the same map data every time you use the app.
We need access to the camera feature to let you use your phone’s camera to change your profile picture in the application.
Hitch App’s mapping libraries use this permission to see if a Wi-Fi connection is available. Determining whether Wi-Fi is available helps optimize the data used to display these maps.
This permission is used in conjunction with your own contact information to prepopulate your mobile number and country during registration. You can edit these fields, and the updated values are sent to Hitch App once your account is created. This permission is also used to obtain your Android device ID, which is sent to Hitch App’s servers and used in fraud prevention efforts.
This permission generates Google Cloud Messaging (GCM) tokens associated with a user’s account. As with all GCM implementations, the token is sent to Hitch App’s servers so that notifications can be sent to you.
This permission is required by Google Play Services — which provides core Google API functionality to Android applications — to allow your app to make use of Google web-based services (Google Maps API v2 in Hitch App’s case).
** Google doesn’t explicitly provide documentation for this permission, but the above link will refer you to the relevant documentation around using the Google Maps Android API.
Hitch App’s mapping libraries use this permission to optimize the data used to display their maps.
This permission is required to access the internet, including communicating with Hitch App’s servers, connecting with third-party services, and downloading map data.
This permission allows the Hitch App app to vibrate your phone when something important happens, e.g. when you receive a notification that your driver has arrived.
This permission wakes your phone up when a notification is received.
This permission is used by Hitch App to notify you when a network connection is unavailable.