Terms and Conditions
December 16, 2020
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of Travee’s Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Travee. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Travee may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Collection and use of personal information in connection with the Travee apps is provided in our Privacy.
2. The Travee apps
The Travee apps provide a apps where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to in this Agreement as “Users,” and each User shall create a User account that enables access to the Travee apps. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Travee apps shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
The Travee apps may only be used by individuals who can form legally binding contracts under applicable law. The Travee Apps is not available to children (persons under the age of majority in your province or territory of residence) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least the age of majority in your province or territory of residence and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorised user of your account.
As a Rider, you agree to pay the amounts charged for your use of the Travee apps and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Travee has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to our website. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. All Charges will be in the local country currency dollars.
5. Fares. There are two types of fares; Final Ride and Quoted.
Final Ride Fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance travelled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases Travee may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Travee Apps, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Travee does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
6. Fees and Other Charges
Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
Tips. Following a ride, you may elect to tip your Driver in cash or through the Travee application. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Credit Card Charges are facilitated through a third-party payment processing service (First Atlantic Commerce). Travee may replace its third-party payment processing services without notice to you. Charges shall only be made through the Travee Apps. With the exception of tips, cash payments are also allowed.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Travee apps, any disruption to the Travee apps or Services, or any other reason whatsoever.
Promo Codes. You may receive promo codes that you can apply for ride discounts. Promo codes are only valid for use on the Travee Rider app, and are not transferable or redeemable for cash. Promo codes cannot be combined, and if the cost of your ride exceeds the applicable promo code value we will charge your payment method on file for the outstanding cost of the Ride or you are required to pay in cash.
Wallet Credits can be used towards payment of Fares, subject to certain restrictions. In cases where Travee contracts with your employer or another third party for Credits to be applied to your User account and to be payable directly by such person.
If you are a Driver, you will receive payment for your provision of Services. All Fare payments are subject to Travee Fees (Subscription). You will also receive any tips provided by Riders to you, and tips will not be subject to any Travee Fees. Travee will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Travee Fees. In exchange for permitting you to offer your Services through the Travee app and apps as a Driver, you agree to pay Travee (and permit Travee to retain) a fee based on each transaction in which you provide Services (the “Travee Fees”). The amount of the applicable Travee Fees will be displayed to you upon subscription collection. Travee reserves the right to change the Travee Fees at any time in Travee’s discretion based upon local market factors, and Travee will provide you with advance notice in the event of such change. Continued use of the Travee Apps after any such change in the Travee Fees calculation shall constitute your consent to such change.
Pricing. You expressly authorise Travee to set the prices on your behalf for all Charges that apply to the provision of Services. Travee reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with advance notice in the event of changes to the base fare, per kilometre, and/or per minute amounts that would result in a change in the applicable Fares.
Fare Adjustment. To the fullest extent permitted by applicable law, Travee reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse Travee or Travee’s payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Travee application when the ride was over). Travee’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
9. Travee Communications
By entering into this Agreement or using the Apps, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Communications from Travee and/or Drivers, may include: operational communications concerning your User account or use of the Travee Apps or Services, updates concerning new and existing features on the Travee Apps, communications concerning promotions run by us or our third- party partners, and news concerning Travee and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
10. Restricted Activities
With respect to your use of the Travee apps and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Services or the Travee Apps or the servers or networks connected to the Travee Apps;
post Information or interact on the Travee Apps or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Travee Apps in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Travee Apps;
“frame” or “mirror” any part of the Travee Apps, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Travee Apps or any software used on or for the Travee Apps;
rent, lease, lend, sell, redistribute, license or sublicense the Travee Apps or access to any portion of the Travee Apps;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Travee Apps or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
11. Driver Representations, Warranties and Agreements
By providing Services as a Driver on the Travee app, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Travee community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by Travee, and for which a photograph has been provided to Travee, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not make any misrepresentation regarding Travee, the Travee Apps, the Services or your status as a Driver.
You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Travee or Riders on the Travee Apps or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
You will make reasonable accommodation for Riders and/or for service animals, as required by law
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
The following disclaimers are made on behalf of Travee, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
TRAVEE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND TRAVEE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE TRAVEE APPS, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE TRAVEE APPS. WE CANNOT ENSURE THAT A DRIVER OR RIDER WILL COMPLETE AN ARRANGED TRANSPORTATION SERVICE. WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THE SERVICES.
Some provinces do not allow the disclaimer of implied warranties, so the following disclaimer may not apply to you. The Travee app is provided on an “as is” basis and, to the fullest extent permitted by applicable law, without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Travee Apps and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, quality, fitness for a particular purpose, durability and non-infringement.
We do not warrant that your use of the Travee Apps or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Travee Apps will be corrected, or that the Travee Apps is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Travee Apps or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Travee Apps and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false preteens, and we do not accept responsibility or liability for any content, communication or other use or access of the Travee Apps by persons under the age of 14 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Travee is not responsible for the conduct, whether online or offline, of any User of the Travee Apps or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Travee Apps and participating in the Services, you agree to accept such risks and agree that Travee is not responsible for the acts or omissions of Users on the Travee Apps or participating in the Services.
Travee expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Travee app (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Travee Apps or through the Services. Please carefully select the type of information that you post on the Travee Apps or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Travee or made available through the Travee apps, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Travee Apps or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Travee Apps and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Travee Apps is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Travee, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Travee Apps. Any of your Information, including geolocational data, you upload, provide, or post on the Travee Apps may be accessible to Travee and certain Users of the Travee Apps.
Travee advises you to use the Travee Apps with a data plan with unlimited or very high data usage limits, and Travee shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Travee Apps.
This paragraph applies to any version of the Travee Apps that you acquire from the Apple App Store. This Agreement is entered into between you and Travee. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Travee Apps. Travee, not Apple, is solely responsible for the Travee Apps and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold Travee including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Travee Apps and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Travee Apps or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
14. Limitation of Liability
IN NO EVENT WILL TRAVEE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TRAVEE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TRAVEE APPS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TRAVEE APPS, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TRAVEE APPS MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TRAVEE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Travee; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Travee may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Travee’s star rating or cancellation threshold; (3) Travee has the good faith belief that such action is necessary to protect the safety of the Travee community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Travee’s reasonable satisfaction prior to Travee permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Travee’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Travee’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by the Travee Entities for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Travee Entities in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Travee with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Travee or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Travee; becomes known to you, without restriction, from a source other than Travee without breach of this Agreement by you and otherwise not in violation of Travee’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Travee to enable the Travee Entities to seek a protective order or otherwise prevent or restrict such disclosure.
17. Relationship with Travee
As a Driver on the Travee Apps, you acknowledge and agree that you and Travee are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties, and that you shall at all times act as an independent contractor only. You and Travee expressly agree that (1) this is not an employment agreement, (2) nothing in this Agreement or your interactions with Travee creates an employment or dependent contractor relationship between you and Travee; and (3) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Travee, and you undertake not to at any time hold yourself out as an employee, partner, agent or authorized representative of Travee.
You agree that your authority shall be limited to as set out herein and you shall not make, and have no right or authority to make or enter into any contracts or agreements whatsoever for or on behalf of Travee. Travee 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 Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Travee Apps. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Travee Apps, or to cancel an accepted request for Services via the Travee Apps, subject to Travee’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Travee shall have no right to require you to: (a) display Travee’s names, logos or colours on your vehicle(s); or (b) wear a uniform or any other clothing displaying Travee’s names, logos or colours. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
18. Other Services
In addition to connecting Riders with Drivers, the Travee Apps may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Travee Apps to order a delivery of goods, purchase a digital item or when travelling outside of your country, to connect with local transportation apps and request rides from local drivers (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Travee Apps, you authorize Travee to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Travee is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Travee Apps.
This Agreement shall be governed by the laws of Trinidad & Tobago. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Travee, in our sole discretion without notice to you, except as required by applicable laws. Except as explicitly stated otherwise, any notices to Travee shall be given by certified email firstname.lastname@example.org. Any notices to you shall be provided to you through the Travee Apps or given to you via the email address or physical address you provide to Travee during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Travee with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.