HBSS CONNECT CORP’s QRYDE Platform.
AARP Ride@50+℠ PROGRAM
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS UNDER THIS RIDE@50+℠ PROGRAM. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Feonix Mobility, working as a vendor of AARP, contracted with HBSS Connect Corp, provider of the QRyde platform, to develop community based transport program on its QRYDE Platform to, among other things, allow for efficient transportation within regional communities in Columbia, SC (the “Ride@50+℠ Program”).
By creating your User account, access to and use of QRYDE Services constitutes your agreement to be bound by these Terms, which establish the contractual relationship between you and QRYDE, and you expressly acknowledge that you understand the Terms of this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE QRYDE SERVICES. At its sole discretion, QRYDE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Services or any portion thereof, at any time for any reason.
QRYDE reserves the right to modify and/or amend the terms and conditions of the Services at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the QRYDE Services after any such changes shall constitute your consent to such changes.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you (e.g., a particular city webpage on QRYDE.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s).
QRYDE Services constitute a technology platform that enables users of QRYDE's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with QRYDE ("Third Party Providers"). Unless otherwise agreed by QRYDE in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT QRYDE DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS TRANSPORTATION CARRIER. You at your sole discretion or the Third Party Provider, independently make a decision whether to offer or use a ride from a specific Third Party Provider
Subject to your compliance with these Terms, QRYDE grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by QRYDE and QRYDE's licensors.
You shall not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by QRYDE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(iii) Provision of the Services.
You also acknowledge that the Services may be made available in connection with: (i) certain of QRYDE's subsidiaries and affiliates; or (ii) independent Third Party Providers, including and not limited to Transportation Network Company, including Uber and Lyft, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
For Services obtained in connection with Third Party Provider Uber: The QRYDE Applications allow a User to book a ride with Uber. To do so, the User must first open a separate independent account with Uber. Uber’s terms of service (including class action waiver terms), payment, privacy, and cancellation policies shall apply to such Service. If there is a conflict between QRYDE and Uber’s term of service and conditions, Uber terms of service and conditions shall apply.
For Services obtained in connection with Third Party Provider Lyft: The QRYDE Applications allow a User to book a ride with Lyft without first opening a separate independent account with Lyft. Notwithstanding the foregoing, Lyft’s cancellation policies and class action waiver terms shall apply to such Service. If there is a conflict between any other QRYDE terms and Lyft’s terms of service and conditions, the QRYDE terms of services and conditions shall apply.
(iv) Third Party Services and Content.
The Services and all rights therein are and shall remain QRYDE's property or the property of QRYDE's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner QRYDE's company names, logos, product and service names, trademarks or services marks or those of QRYDE's licensors.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on QRYDE.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
QRYDE may amend the Terms related to the Services from time to time. Amendments will be effective upon QRYDE's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
3. Your Use of the Services
(i) User Accounts.
(a) Individual. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to QRYDE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or QRYDE's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by QRYDE in writing, you may only possess one Account.
(b) Company User. QRYDE will establish a Company corporate account that will enable Company to request the QRYDE Service on behalf of any Company User. As part of the corporate account, Company agrees to provide and maintain during the Term a valid Company credit card number (the “Company Card”) that may be charged for QRYDE billing as set forth herein. Company acknowledges that any Company User utilizing QRYDE platform will incur User Charges to the account of Company, and not to the Company User’s personal account or credit card.
Prior to requesting the QRYDE Service on behalf of any Company User, Company shall obtain from the Company User and submit to QRYDE the following information with respect to such Company User: (i) first and last name, (ii) active telephone number, (iii) pick-up and drop-off address, and (iv) other information the parties may mutually agree upon, in order to permit QRYDE to confirm whether such Company User is an approved Company User. Company shall ensure that all data provided to QRYDE is accurate and complete, and QRYDE shall not be liable to Company, any Company User or any other party with respect to inaccurate or incomplete data supplied by Company.
(c) Authorized Representative. You may choose and authorize an individual, like a family member, caretaker or company or other trusted person (“Authorized Representative”), to act on your behalf with the use of QRYDE Platform, including for opening a User account and for booking and paying for a ride through the QRYDE platform. If you receive QRYDE services through a User account created and operated by an Authorized Representative, then you shall be responsible for the Ride Fee and other associated charges (“User Charges”). You hereby agree that you are responsible for all User Charges incurred by Authorized Representative via QRYDE platform, regardless of whether such User Charge was authorized between you and the Authorized Representative. You will continue to be liable for the misuse of your information or credit card information by such Authorized Representative until such time written notice is received by QRYDE.
(d) Caregiver Use. If a QRYDE member user utilizes QRYDE services on behalf of his/her adult family member or friend (“Caregiver”), the Caregiver acknowledges that any adult family member or friend who receives services through the QRYDE platform shall incur User Charges to the account of the Caregiver’s Account and not to the adult family member or friend’s personal account or credit card.
Prior to requesting the QRYDE Service as a Caregiver, on behalf of any adult family member or friend, the Caregiver shall obtain from the adult family member or friend and submit to QRYDE the following information with respect to said family member or friend: (i) first and last name of adult client, (ii) active telephone number, (iii) pick-up and drop-off address, and (iv) other information the parties may mutually agree upon in order to permit QRYDE to confirm the authorization. Caregiver shall ensure that all data provided to QRYDE is accurate and complete, and QRYDE shall not be liable to Caregiver, any Caregiver Adult Client User or any other party with respect to inaccurate or incomplete data supplied by Caregiver.
(ii) Social Networking Sites
You may be able to create an Account through third party social network sites (each such account, an "SNS Account") by either providing your SNS Account login information to QRYDE or allowing QRYDE to access your SNS Account. By granting QRYDE access to any SNS Accounts, you understand that QRYDE may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the QRYDE site to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the QRYDE.
(iii) User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
(iv) Promotional Codes.
QRYDE and its project partners may mutually agree to create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that QRYDE establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by QRYDE; (iii) may be disabled by QRYDE at any time for any reason without liability to QRYDE; (iv) may only be used pursuant to the specific terms that QRYDE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. QRYDE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that QRYDE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
(v) User Provided Content.
QRYDE may, in QRYDE's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to QRYDE through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to QRYDE, you grant QRYDE a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and QRYDE's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant QRYDE the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor QRYDE's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by QRYDE in its sole discretion, whether or not such material may be protected by law. QRYDE may, but shall not be obligated to, review, monitor, or remove User Content, at QRYDE's sole discretion and at any time and for any reason, without notice to you.
(vi) Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. QRYDE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Ride Fee"). After you have scheduled transportation through your use of the Service, except in the case of Ride Fee incurred via Uber, QRYDE will facilitate your payment of the applicable Ride Fee on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Ride Fee in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Ride Fee will be inclusive of applicable taxes where required by law. Ride Fee paid by you are final and non-refundable, unless otherwise determined by QRYDE.
Ride Fee may vary based on the type of service you request (e.g., QRYDE van, wheel chair vehicles, limo) as described on QRYDE’s website page. You are responsible for reviewing the applicable QRYDE Ride Fee page and shall be responsible for all Ride Fee incurred under your User Account regardless of your awareness of such Ride Fee or the amounts thereof. QRYDE will use reasonable efforts to inform you of Ride Fees that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
A User who receives the Service from Third Party Provider Uber will have the Ride Fee for the Service processed by Uber directly through the Uber account opened by the User.
Responsibility for Company User Charges
. If you receive QRYDE services through a Company User account, then the Company shall be responsible for the Ride Fee. Company agrees that (a) Company is responsible for all User Charges incurred by Company Users via QRYDE platform, regardless of whether such User Charge was authorized between Company User and Company. Further, Company agrees that QRYDE shall not be responsible for User Charges incurred by a Company User after Company has attempted removal of such Company User from QRYDE platform to the Extent Company provides incomplete or inaccurate Company User removal information via the QRYDE platform. Finally, as between Company and QRYDE, Company shall be responsible for any User Charges incurred due to fraudulent or other unpermitted activity on the part of Company User’s use of QRYDE platform for the QRYDE Service. Company shall notify QRYDE promptly upon discovery of fraudulent or unpermitted activity occurring under Company’s account.
Cancellation Fee Policy.
If rides are booked with Third Party Providers other than Uber or Lyft: A ride booked with a Third Party Provider (except for Uber and Lyft) may be cancelled without penalty up to 24 hours prior to scheduled time for a refund, less applicable processing fee. Same day rides cancelled with a Third party Provider (except Lyft and Uber) will incur a cancellation fee of $5.00 plus processing fees. Processing fees are charged at cost.
If rides are booked with Third Party Providers Uber or Lyft:
Uber’s and/or Lyft’s policies for cancellation fees, no show fees, and repeat cancellation fee(s) apply to all rides booked with QRYDE Third Party Providers Uber and/or Lyft. Uber and Lyft’s current policies can be viewed at:
If rides are paid by and through a Company/Corporate account: Upon cancellation of a ride, the refund less cancellation fees will be credited to the company/corporate fund account of the User.
If rides are paid by and through the community fund account:
Upon cancellation of a ride, the refund less cancellation and processing fees will be credited to the community fund account of the User.
If rides are paid through rider’s credit card and the community fund account:
Upon cancellation of a ride, cancellation and processing fees shall be first applied to the community fund account. If the community fund account has insufficient funds to cover the cancellation and processing fee, then any remaining uncovered balance will be deducted from the refund issued to the credit card of the User.
In the event that a User make repeated or frequent cancellations or fail to show up for booked ride in a timely manner, QRYDE may charge the User cancellation fees, and/or terminate the User Account and license to use the services. We may also terminate a User Account, if we determine that a User has intentionally cancelled rides to disrupt the QRYDE Services or other provision of Services.
WHAT ARE PROCESSING FEES?
In order to accept credit and debit cards as a form of payment, we have contracted with a merchant services provider, to handle processing of all credit and debit card payments. Banks and credit and/or debit card issuers and merchant service providers charge a nominal fee for providing the convenience of using their platform for accepting payments and issuing refunds with credit or debit card. This fee is known as processing fee and QRYDE charges users for this at cost with no mark-up.
If you believe you were charged a cancellation or no-show Lyft fee or Uber fee in error, please contact us immediately.
Credit Card Authorization.
All Charges are due immediately and payment will be facilitated by QRYDE using the preferred payment method designated in your User Account, after which QRYDE will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that QRYDE may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available. Should the amount of authorization Ride Fee exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card.
. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. QRYDE does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by QRYDE (on QRYDE's website, in the Application, or in QRYDE's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that QRYDE provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
As between you and QRYDE, QRYDE reserves the right to establish, remove and/or revise Ride Fees for any or all services or goods obtained through the use of the Services at any time in QRYDE's sole discretion. QRYDE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
(viii) Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, except, in the case of an Uber-provided Service, QRYDE will verify said Repair or Cleaning request, and if verified by QRYDE in QRYDE's reasonable discretion, QRYDE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account (“Repair or Cleaning Fee”). Such amounts will be transferred by QRYDE to the applicable Third Party Provider and are non-refundable. For all Uber-provided Services, Uber’s repair and cleaning fees and policies will apply, and Uber may at its sole discretion charge the User’s Uber account for any fees related to repair and cleaning.
The most common cause of a Repair or Cleaning Fee is the mess created by food spills, vomit, food stains, and bodily fluid stains, etc. The amount of the Repair or Cleaning Fee depends on the level of mess you left in the vehicle. QRYDE will provide you with an itemized list of Repair or Cleaning work performed and the applicable Repair or Cleaning Fee will apply:
$25 – small to moderate mess, requiring vacuuming or clean-up exterior or interior of the vehicle.
$50 – moderate interior mess, large food, beverage spills and bodily fluid messes
$100 – major mess that requires interior detailing of the vehicle – major bodily fluid mess within the vehicle.
If you disagree with a Repair or Cleaning fee charged by Uber; it is helpful to contact Uber, before contacting QRYDE, this is often the fastest way to resolve an issue. You can dispute an Uber charge by using the Uber Help website or by using the Uber mobile app. If not satisfied, we can assist you online. Please call us at 888-851-2131
, or email us at firstname.lastname@example.org
. Upon receiving your complaint, we will review your grievance with Uber and mediate a resolution. Our endeavor is to ensure that all customer complaints are resolved within 30 days.
4. Intellectual Property Rights
(A). QRYDE’S Intellectual Property Rights
All intellectual property rights of the QRYDE Site, Services, Application or Collective Content shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the QRDYE Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of QRYDE. QRYDE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
QRYDE, and other QRYDE logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of QRYDE in the United States and/or other countries (collectively, the “QRYDE”). User agrees to abide by copyright laws and all other applicable laws, and acknowledge that the Services contains valuable confidential information and trade secrets of QRYDE. User agrees neither to do nor to permit any act which may in any way jeopardize or be detrimental to the validity of QRYDE’s patent, copyright, trade secret or other rights in the Services.
If you provide Services as a vendor, QRYDE grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use QRYDE solely in connection with providing the Services through the QRYDE Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without QRYDE’s prior written permission, which it may withhold in its sole discretion.
You acknowledge that QRYDE is the owner and licensor of the Services, except for the customizations performed to abide by Feonix and AARP white labeling requirements and access control requirements and any interfaces developed with 3rd party systems and paid for by Feonix/AARP, and that your use of the Services will confer no additional interest in or ownership of the Services in you but rather inures to the benefit of QRYDE. You agree to use the QRYDE strictly in accordance with QRYDE’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that QRYDE determines too nonconforming or otherwise unacceptable.
You agree that you will not:
(i) create any materials that incorporate the QRYDE Site, Services, Application or Collective Content or any derivatives of the QRYDE Site, Services, Application or Collective Content other than as expressly approved by QRYDE in writing;
(ii) use the QRYDE Site, Services, Application or Collective Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the QRYDE Service other than in accordance with the terms, conditions and restrictions herein;
(iii) take any other action that would jeopardize or impair QRYDE’s rights as owner of the QRYDE Site, Services, Application or Collective Content or the legality and/or enforceability of the QRYDE Services intellectual property rights, including, without limitation, challenging or opposing QRYDE’s ownership in the Site, Services, Application or Collective Content;
(iv) apply for trademark registration or renewal of trademark registration of any of the QRYDE Site, Services, Application or Collective Content, any derivative of the QRYDE Site, Services, Application or Collective Content, any combination of the QRYDE Site, Services, Application or Collective Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the QRYDE Site, Services, Application or Collective Content;
(v) use the QRYDE Site, Services, Application or Collective Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in QRYDE’s sole discretion. If you create any materials bearing the QRYDE Site, Services, Application or Collective Content (in violation of this Agreement or otherwise), you agree that upon their creation QRYDE exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the QRYDE Site, Services, Application or Collective Content. You further agree to assign any interest or right you may have in such materials to QRYDE, and to provide information and execute any documents as reasonably requested by QRYDE to enable QRYDE to formalize such assignment.
B. AARP's Intellectual Property Rights
Notwithstanding anything to the contrary contained herein, AARP’s trademarks, logos, service marks, and company name as set forth in the QRDYE Services are the sole property of AARP. AARP’s logos, designs, graphics, and icons are registered trademarks in the United States and/or other countries. User agrees to abide by copyright laws and all other applicable laws and neither to do nor to permit any act which may in any way jeopardize or be detrimental to the validity of AARP’s copyright, trademark right or other rights.
(ii) Copyright Complaints and Copyright Agent
QRYDE respects the intellectual property of others, and expects Users and Third Party Suppliers to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights – all claims of copyright infringement should be sent to QRYDE's designated agent. Please visit QRYDE web page at www.qryde.com/legal/copyright for the designated address and additional information or email to email@example.com.
6. Restricted Activities
(i) User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(b) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
(d) use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies QRYDE endorsement, partnership or otherwise misleads others as to your affiliation with QRYDE;
(e) dilute, tarnish or otherwise harm the QRYDE brand in any way, including through unauthorized use of Collective Content, registering and/or using QRYDE or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to QRYDE domains, trademarks, taglines, promotional campaigns or Collective Content
(f) copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
(g) infringe the rights of QRYDE, AARP, or FEONIX or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
(h) interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(i) use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(j) use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(k) "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an QRYDE rider or driver;
(l) offer, as a driver, any transportation that you do not yourself own or have permission to drive;
(m) register for more than one QRYDE Account or register for an QRYDE Account on behalf of an individual other than yourself except in the capacity of an Authorized Representative;
(n) contact another user of QRYDE for any purpose other than asking a question related to a Booking, Ride, or the User's use of the Site, Application and Services;
(o) recruit or otherwise solicit any QRYDE Driver or other user to join third-party services or websites that are competitive to QRYDE, without QRYDE prior written approval;
(p) recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
(q) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(r) use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
(s) use the Site, Application, Services or Collective Content to find a QRYDE driver or user and then complete a booking of a transportation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to QRYDE 's provision of the Services or for any other reasons;
(t) submit any false or misleading information, including price information, or submit any price that you do not intend to honor;
(u) engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
(v) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(w) systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(x) use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Application, Services or Collective Content, QRYDE 's name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without QRYDE's express written consent;
(y) access, tamper with, or use non-public areas of the Site, Application or Services, QRYDE 's computer systems, or the technical delivery systems of QRYDE's providers;
(z) attempt to probe, scan, or test the vulnerability of any QRYDE system or network or breach any security or authentication measures;
(aa) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by QRYDE or any of QRYDE's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(bb) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(cc) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
(dd) advocate, encourage, or assist any third party in doing any of the foregoing; or
(ee) accept or make a payment for services outside QRYDE Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold QRYDE harmless from any liability for such payment.
QRYDE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, QRYDE may take a range of actions against you, including but not limited to deactivating or canceling your QRYDE Account, for a violation of this Section or these Terms.
QRYDE may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against QRYDE or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of QRYDE, its users, or members of the public. You acknowledge that QRYDE has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. QRYDE reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that QRYDE, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
(ii) Reporting Misconduct
If you take a ride from anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to QRYDE by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7. Disclaimers; Limitation of Liability; Indemnity.
ALTHOUGH WE STAND BEHIND OUR SERVICE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." QRYDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, QRYDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QRYDE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE QRYDE SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
QRYDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF QRYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QRYDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF QRYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QRYDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QRYDE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
QRYDE'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT QRYDE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to release, defend, indemnify, and hold QRYDE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of Transportation/Ride, or (iii) creation of a Listing; (d) the use, condition or nature of a Ride by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a ride, booking or use of transportation; and (e) your participation in the Referral Program.
(i) Company Account User & Warranties.
The Company hereby represents and warrants that (a) it has full power and authority to enter into these Terms and perform its obligations hereunder, (b) said acceptance of these Terms, as well as said performance of the obligations set forth in these Terms, does not and will not violate any other agreement to which the Company is a party, (c) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin, and (d) Company’s patent, copyright, logos, trademarks, or other proprietary right as provided by it pursuant to these Terms will not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
Company further represents and warrants that Company has obtained rights, permission and legally-adequate consent from Company Users (a) as necessary to provide QRYDE platform with Company User Information in connection with the QRYDE Service and billing, (b) to receive SMS messages from QRYDE in connection with the QRYDE Service, and (c) for QRYDE to provide Company with detailed trip information, including real-time trip status, for the rides charged to Company’s account. Company represents and warrants that it shall comply with all applicable laws and regulations applicable to the performance of its obligations hereunder. Company acknowledges that it may elect to utilize the QRYDE platform to request the QRYDE Service for, and provide access to billing on behalf of, Company Users and their guest. Any such election is at Company’s sole discretion, and Company therefore will indemnify, defend and hold harmless QRYDE, its affiliates and their directors, officers, employees and agents against all claims, damages, losses and expenses (including reasonable attorney’s fees) with respect to any third-party claim arising out of or related to any Company User and/or their guests.
(ii) Entire Agreement
Except as they may be supplemented by additional QRYDE policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between QRYDE and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Transportation Services made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between QRYDE and you regarding bookings or listings of Transportation, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without QRYDE's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. QRYDE may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
QRYDE may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to QRYDE by electronic mail to firstname.lastname@example.org_____ or by first class mail or pre-paid post to HBSS Connect Corp., Attn: QRYDE Legal Department, 1075 Westford Street, Lowell, Massachusetts 01851. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
(v) Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without regard to its conflict-of-law provisions.