The WebApp and the App is an information and booking reservations platform for mobility, transportation and chartering of vehicles. You would be able to hire buses, and book buses for transportation from specific pickup locations to destinations listed on the WebApp and the App (“Services”). The Services enables You to arrange and schedule transportation services with third party providers who partner with Us (“Partners”).You hereby acknowledge that the transportation services, as well as drivers and vehicles used for same are provided by Partners. You acknowledge and understand that Shuttlers does not function as a transportation carrier or provide any form of transportation services.
1. User Account Terms
1.1 The WebApp and the App
1.1.1. You hereby declare that You are a human being over 18(eighteen) years of age and of a sound mind.
1.1.3. You consent to Our collection and use of technical information about the WebApp, the App and other related software, hardware and peripherals to improve Our products and to providetheServices to You. If You use the Services, You consent to Us and Our affiliates' and licensees' to process the transmission, collection, retention, maintenance, and use of personal data provided to Us, to improve Our Servicesand/or Your experience while using the WebApp and the App.
1.1.4. You consent to Us, sharing Your personal data provided by You in creating Your User Account with third party contractors and service providers for the purpose of enabling efficient performance of the Servicesand effecting any payments or notifications that We need to make to You.
1.1.5. If You signed up for the Services on behalf of a Minor, you hereby confirm that You have obtained the appropriate consent to share the Minor’s personal data with Us.
1.1.6. You acknowledge that Shuttlers will use the email address and phone number provided by You when creating a User Account on the WebApp and the App or as updated by You from time to time as the primary method for communication with You. You must monitor the primary User Account email address and phone number You provided to Shuttlers and same must be capable of sending and receiving messages, emails and receiving phone calls. Your communications with Shuttlers can only be authenticated if they come from Your User Account email address and phone number. You hereby acknowledge that Shuttlers may also communicate to you via InApp notification and InApp chat features on the App.
1.1.7. As part of Our security procedures, You determine Your sign-in details or any piece of information You input. By signing up and creating a User Account,You agree to treat Your sign-in-details as confidential; do not disclose same to any third party. Shuttlers does not have access to Your sign-in details, if You forget Your sign-in details or know or suspect that a third party gained access to Your sign-in-details, You must promptly change Your sign-in details, by resetting Your password or by contacting Us via firstname.lastname@example.org to place a restriction on Your User Account.
1.1.8. You confirm that all Information provided by You via the WebApp and the App are true, correct and not misleading. You agree to provide any additional documents and/or information as may be required from time to time.
1.1.9. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
1.1.10. By accessing the WebApp and the App, You hereby authorize Us to provide the Services here in contemplated using the WebApp and the App.
2. User Account Activation
2.1. Opening an Account
To sign up and create an account, you would be required to click on the “Register” or “Create a new account” tab on the WebApp or the App. After which You will provide Us with Your first name, last name, email address, phone number, city, password and any other information indicated as required or that We may ask from You from time to time (“Information”). We may reject Your application to create a User Account, or cancel an existing User Account, for no reason at all, in Our sole discretion.
Your User Account would be active as soon as We are able to verify Your Information.
3. Account Preferences & Booking of Vehicles
3.1. Your User Account is accompanied by a virtual wallet (“Wallet”). You will be able to make payments using the Wallet.. You can also make payments by transfer and through your debit card.
3.2. After You have made a booking reservation on the WebApp or the App, You shall ensure that You are present at the specific location and time indicated.
3.3. You may be asked to provide proof of identity to enable You access or use the Services. You agree that You may be denied access to vehicles or to use of the Services if You refuse to provide proof of identity when requested. You may also be denied access to the vehicles or to use the Services if You refuse to wear a face mask or fail to abide by any health and safety precautions that may be issued from time to time.
3.4. Shuttlers reserve the right to cancel bookings/rides made by You at any time before departure or arrival of any booked vehicle. In such situations, Shuttlers would promptly notifyYou and refund Your Wallet with the transaction amount. Shuttlers shall not be liable for losses or damages suffered by You due to any cancellation of bookings/rides.
3.5. Shuttlers shall not be liable for any losses or damages suffered by You as a result of a delay in the arrival of any booked vehicle.
3.6. You agree and that any booking made is at Your own risk and sole responsibility, and You assume all of the risk for any such ride that You request and procure. Shuttlers is not responsible for any loss, damage, liability, injury or harm that may arise as a result of any ride that You request, order, purchase, procure, accept, participate in or receive vide the Services.
3.7. Please note that Shuttlers may share personal data provided by You with third parties with the extent required to provide the Services and for the efficient performance of the WebApp and the App.
4.1. Unless otherwise determined by Us, payments made by You for the Services (“Fares”)are final and non-refundable. All Fares are due immediately and payment will be facilitated by Usto our Partners using the payment method designated in Your User Account or such other payment methods which We may adopt or accept.After a successful ride, We will send a receipt for the ride via email and Your ride history on the User Account will be updated.
4.2. You hereby agree that Fares may include applicable taxes required by law, tolls, and/or check out fees including a booking fee, federal, state and local tolls, airport tolls and processing fees.
4.3. We reserve the right to establish, remove and/or revise Fares for the Services and other related features at any time and atOur sole discretion. You acknowledge and agree that Fares applicable in certain geographical areas may increase substantially during times of high demand. You further acknowledge that,We may from time to time provide certain Users with discounts and promotional offers that may result in different amounts charged for the same or similar 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 Fares applicable to You.
5. Promotional Codes
5.1. We may in Our sole discretion, create promotional codes that may be utilized for Wallet credit, or other benefits or features related to the Services (“Promo Codes”). This is subject to any additional terms established by Us on a per promotional code basis.
5.2. In the event that Promo Codes are made available to You, You agree that Promo Codes:
5.2.1. shall be used only for the purpose given, in accordance with the specific terms established by Us and in a lawful manner;
5.2.2. will not be duplicated, sold or transferred in any manner, or made available to the general public unless expressly permitted by Us;
5.2.3. may be disabled by Shuttlers at any time for any reason at all and without liability to Shuttlers;
5.2.4. are not to be exchanged for cash; and
5.2.5. may expire prior to Your use.
6. User Content
6.1. You agree that any questions, comments, suggestions, ideas, feedback, commentary, support request, submission of entries for competitions and promotions or other information related to the Services provided by You to Us, whether textual, audio, and/or visual content (“User Content”), may be utilized by Us in a manner that We may deem appropriate. By providing User Content to Us, You grant Us 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 without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
6.2. You represent and warrant to Us that:
6.2.1. You are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant Shuttlers the license to the User Content as set forth above;
6.2.2. neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor Shuttlers’ 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.
7. Acceptable Use Restrictions
7.1. You are granted a non-exclusive, non-transferable, personal, limited license to use the WebApp and the App. Your limited right to use the WebApp and the App is revocable at Our sole discretion.
7.2. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided on the WebApp and the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the WebApp and the App, or in any way reproduce or circumvent the navigational structure or presentation of the WebApp and the App to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the WebApp and the App is specifically prohibited.
7.5. You shall not use the WebApp and the App or the Services in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users.
7.6. You shall not use the Services to transmit malware or host phishing pages. You may not perform activities that harm or disrupt the operation of the Services or any of Our other infrastructure, or of others, including Our third party providers. You may not use the Servicesfor deceptive commercial practices or any other illegal or deceptive activities.
7.7. You shall not use the Services to transmit infringing, abusive or tortuous material, or to store or transmit material in violation of third party privacy rights.
7.8. You shall not provide Us with false, inaccurate, misleading (directly or by omission or failure to update information), obscene, profane, defamatory, libelous, hateful, abusive, offensive, pornographic or sexually oriented, threatening, harassing, illegal or offensive User Content.
7.9. You shall not impersonate any person or entity, or use a fictitious name on this WebApp and the App.
7.10. You shall not extract any information or data from the Services or Our systems or attempt to decipher any transmissions to or from the servers running the Services.
7.12. You shall not use the WebApp, the App, or the Services for any other transactions other than the Services.
7.13. You shall not use the WebApp and the App in a manner that imply or promote support or funding of, or membership in, a terrorist organisation.
7.14. You undertake to use the Services properly and to conduct yourself in a reasonable manner at all times, during rides enabled by the Services.
7.15. You shall not engage in violent or antagonistic behavior such as fighting, aggression, harassment, threats, displays, verbal altercations or any other forms of disagreeable conduct towards other passengers, drivers or other party during rides.
7.16. You shall not cause nuisance, annoyance, inconvenience, or harm to other passengers, drivers or any other party during rides.
7.17. You shall not use alcohol or narcotics during rides.
7.18. You shall not cause damages to vehicles used for the Services.
7.19. We may, at any time and without notice, terminate Your User Account or Your access to the Services if You engage in activities that violate clauses 7.2 to 7.18, including activities outside of Your use of the Services.
7.22. Shuttlers may modify the terms in clauses7.1 to 7.23, at any time. By continuing to use the Services or access Your User Account after the terms specified in clauses7.1 to7.23, have been modified, You agree to be bound by the modified terms.
7.23. If You suspect that anyone is in breach of clauses 7.2 to 7.18, please contact Us at email@example.com.
8. Lost Property
8.1. After the completion of a ride, You must ensure that You remove Your property from the vehicle of a Partner when disembarking. Should You leave Your property in the vehicle of a Partner, the property may be handed over by the Partner to You or Shuttlers. You understand and agree that Shuttlers shall not be held liable in the event the property is not handed over by the Partner.
8.2. Shuttlers will take steps to establish the owner of property left in a Partner’s vehicle if returned to the Shuttlers offices. However, You understand and agree that Shuttlers will only keep Your property in its possession for a maximum period of one month from the date on which the Partner handed Your property to Shuttlers and if You fail to collect your property from Shuttlers before the expiry of the one month period stipulated, Shuttlers will be entitled to deal with Your property as it deems fit and You shall have no claim whatsoever against Shuttlers in respect of Your unclaimed property.
9. Intellectual Property Rights& Confidentiality
9.2. You hereby agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
9.3. You hereby undertake not to disclose any information associated with Our business (not publicly known), including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, (“Confidential information”) to any third party without the prior written consent of Shuttlers. Confidential Information shall include, but shall not be limited to, any and all and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Our Confidential Information includes all information that You receive relating to Us or to the Servicesthat is not known to the general public including information related to Our security program and practices.
10. Third-Party Tools & Links
10.1. We may provide You with access to third-party tools over which Wedo not monitor nor have any control or input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the WebApp and the App is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Services available via the WebApp and the App may include materials from third-parties.
10.2. Third-party links on the WebApp and the App may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third- parties. We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction with such third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10.3. We may also offer products on behalf of other third parties, which We think may be useful to You. In that event, please note that Your relationship with such third party will be governed by the said third party’s agreements. We would not be liable for any legal issues arising from Your use of such third party services. You are advised to contact such third party and obtain the relevant legal advice before entering a legal relationship with such third party.
11. Closing, Restriction & Cancellation of User Accounts
11.1. Shuttlers may at its sole discretion restrict or close Your User Account if:
- You use Your User Account for unauthorised purposes or where Shuttlers detects any abuse/misuse, breach of content, fraud or attempted fraud relating to Your use of the Services.
- Shuttlers is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority.
- The closure or restriction is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; or where Your User Account becomes inactive or dormant.
- Shuttlers decide to suspend or cease the provision of the Services for commercial reasons or for any other reasons it may determine in its absolute discretion.
11.2. Closing or restriction of Your User Account shall however not affect any of Our accrued rights and Your liabilities to Us.
11.4. Upon cancellation of Your User Account, Shuttlers will cease providing You with the Services and You will no longer be able to access Your User Account.
12. Limitation of Liability
12.1. Shuttlers shall not be responsible for any loss suffered by You should the Services be interfered with or be unavailable by reason of a failure caused by Your device, lack of internet connection or any other circumstances whatsoever not within Our control including, without limitation, system error, interruption, delay or non- availability of the services, loss of power, adverse weather or atmospheric conditions, failure of any public or private telecommunications system, fuel scarcity, traffic congestion, and road construction.
12.2. You hereby agree that, to the extent permitted by applicable laws, Shuttlers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.
12.3. Shuttlers shall have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of Your unauthorised use of the WebApp and the App.
12.4. Shuttlerswill not be liable for any losses or damage suffered by You as a result of or in connection with:
- any effect or fault in the WebApp and the App or the Services resulting from You having altered or modified the WebApp and the App;
12.5. The Services is provided on an as-is-basis. Shuttlers does not warrant that the Services will be uninterrupted, timely, and secure or error free. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
12.7. The Services may be used by You to request and schedule transportation services with Partners.You agree that Shuttlers has no responsibility or liability to You relating to any transportation services provided by Partners to You, neither will Shuttlers be liable for any damages or losses arising from any relationship or transaction between You and a Partner even if Shuttlers has been advised of the possibility of such damages or losses.
12.8. You agree that Shuttlers shall not be responsible or liable for any interaction or transaction between You and other users of the Services even if Shuttlers has been advised of the possibility of such damages or losses.
12.9. The total liability of Shuttlers to You for any loss or damage of whatever nature, in connection with the Services, shall not exceed the cumulative sum paid by You for the Services.
13.2. The indemnity in clause 13.1 above, shall also cover the following:
- 13.2.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against Shuttlers or which We may suffer or incur arising from its acting or not acting on any request from Your User Account, or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, riots, acts of vandalism, sabotage, terrorism, any other event beyond Our control.
- 13.2.2. Any loss or damage that may arise from Your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
- 13.2.3. Any unauthorised access to Your User Account; any breach of security or any destruction;unauthorized access of Your data; any destruction; theft of; or damage to Your device.
- 13.2.4. Any loss or damage occasioned by Your failure to adhere to this Terms ofUse and/or by supplying incorrect and/or insufficient information.
- 13.2.5. Your violation of rights of any third party, including Partners and other users.
14. Force Majeure
Shuttlers shall not be liable for delays or any failure or suspension of performance of the Services caused by acts of God or governmental authority, weather conditions, fuel scarcity, traffic congestion, road construction, control restrictions, unannounced road blockages, security mandates, acts of terrorism, war, civil unrest, strikes, lock outs or labour disputes interruption in utilities, or any other events beyond Shuttlers reasonable control. In such circumstances, the time for performance of the Services shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
15. Entire Agreement
19. No Partnership or Agency
20. Applicable Law & Dispute Resolution
20.2. A party who desires to submit a Dispute for resolution shall commence the dispute resolution process by providing the other party to the Dispute written notice of the Dispute (“Notice of Dispute”).
20.3. The Notice of Dispute shall identify the parties to the Dispute and contain a brief statement of the nature of the Dispute and the relief requested. Any Dispute shall be exclusively and definitively resolved through final and binding arbitration, it being the intention of the parties that this is a broad form arbitration agreement designed to encompass all possible Disputes.