Last Updated: 6/11/2017
These terms and conditions constitute a legally binding agreement (the “Agreement”) between you and JamRides (“JamRides,” “we,” “us” or “our”) governing your use of JamRides applications, websites, content, products, and services (“JamRides Platform”). In this Agreement, the words “including” and “include” mean “including, but not limited to.” In this Agreement, the driving services provided by Drivers to Riders shall be referred to as “Services”.
By entering into to this Agreement, you acknowledge that you understand this Agreement and agree to be bound by it.
JamRides is a platform that directly connects persons (“Riders”) to certified independent taxi drivers (“Drivers”) within Jamaica. Drivers and Riders are collectively referred to herein as “Users”. Any decision by a User to offer or accept Services is the sole discretion of the User and by the User.
Modification to the Agreement
JamRides may amend the terms and conditions of this Agreement. Amendments will be effective upon JamRides’s posting of the updated Terms on its site. Your continued access or use of the Services implies your consent to be bound by the Terms and conditions, as amended.
The JamRides Platform may not be used by persons under the age of 18. By becoming a User, you warrant that you 18 years old or older and that you have the authority to enter into and abide by the terms and conditions of this Agreement. We do not accept liability for any content, communication or other use of the JamRides Platform by persons under the age of 18 in violation of this Agreement.
As a Rider, you agree to pay the amounts charged for your use of JamRides Platform and Services (“Charges”). Charges include Fares and other applicable fees as set forth through your Ride Reservation (www.JamRides.com/ride). JamRides reserves the right to establish and modify pricing at any time. JamRides will use reasonable efforts to inform you of Charges that may apply. Riders are responsible for reviewing their displayed Ride cost and total before payment and for all Charges incurred relating regardless of your awareness of such Charges or the amounts thereof.
By becoming a User, you agree to receive communications from us, via e-mail, text message, calls, and/or push notifications. Communications from JamRides, its affiliated partners and/or Drivers, may include but are not limited to: operational communications of the Platform, updates concerning new and existing features on the JamRides Platform, communications concerning promotions run by us or our partners, and news concerning JamRides developments. We are not responsible for any charges that may incur by your phone carrier.
User Information is any information you provide, publish or post to or through the JamRides Platform or send to other Users (your “Information”). Our collection and use of personal information in connection with the JamRides Platform and Services for Users (excluding Drivers) is located at www.JamRides.com/privacypolicy. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable JamRides to use your Information, you grant to us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, transferable, and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. JamRides does not assert any ownership over your Information; as between you and JamRides, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information.
JamRides may make available promotions to any Users or prospective Users. These promotions shall have no bearing whatsoever on your Agreement or relationship with JamRides. JamRides reserves the right to withhold benefits obtained through a promotion in the event that JamRides determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. JamRides may set or change promotion types, amounts, terms, restrictions, and qualification requirements in its sole discretion.
You agree that you will not conduct the following relating to agreement of JamRides’s and the Users affiliation:
(1) transfer or sell your User account, password and/or identification to any other party (2) impersonate any person or entity (3) harass any person or carry any weapons (4) post Information or interact on the JamRides Platform or Services in a manner which is false, misleading, abusive, profane, threatening, or illegal (5) violate any law, statute, rule, permit, ordinance or regulation (6) interfere with or disrupt the Services or the JamRides Platform or the servers connected to the JamRides Platform (7) post, email or otherwise transmit any malicious code, files or programs (8) “frame” or “mirror” any part of the JamRides Platform, without our prior written authorization;
i. sell, redistribute, license or sublicense the JamRides Platform or access to it (9) cause any third party to engage in the restricted activities above.
All intellectual property rights in the JamRides Platform, including the name or any derivatives and the logo, shall be owned by JamRides absolutely and in their entirety. These rights include and are not limited to database rights, copyright (whether registered or unregistered), design rights (whether registered or unregistered), and trademarks (whether registered or unregistered). 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 JamRides.
You agree that you will not: (1) create any materials that incorporate the JamRides Marks or any derivatives of the JamRides Marks other than as expressly approved by JamRides in writing; (2) use the JamRides Marks in any way that tends to impair their validity as proprietary trademarks; (3) take action that would jeopardize or impair JamRides’s rights as owner of the JamRides Marks; (4) apply for trademark registration or renewal of trademark registration of any of the JamRides Marks, whether derivative or combination; (5) use the JamRides Marks on or in connection with any product, service or activity that is in violation of any law or government regulation.
JamRides does not provide transportation services, and JamRides 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 JamRides Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the JamRides Platform. 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.
The JamRides Platform is provided on an “as is” basis. We do not guarantee and do not promise any specific results from use of the JamRides Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We do not warrant that your use of the JamRides Platform or Services will be secure, uninterrupted, or error- free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses.
We do not give insurance for, nor are responsible for, you nor any personal belongings left in the car by Users. By using the JamRides Platform and participating in the Services, you agree that JamRides is not responsible nor liable for the acts, conducts or omissions, whether on or offline, of Users on the JamRides Platform or participating in the Services.
Information concerning JamRides or made available through the JamRides Platform, but not directly by us, are the responsibility of their respective authors, and should not necessarily be relied upon. We are not responsible for any loss or damage resulting from your reliance on information posted by third parties regarding JamRides. We reserve the right, but have no obligation, to monitor the content posted on the JamRides Platform.
We do not guarantee the accuracy of location data tracked or displayed by the JamRides Platform. Location data provided by the JamRides Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where inaccurate or incomplete location data may lead to, including but not limited to, death, personal injury, property or environmental damage. Any of your Information, including geolocational you provide on the JamRides Platform may be accessible to JamRides and certain Users of the JamRides Platform.
You agree to defend, indemnify, and hold JamRides including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective employees, owners and directors agents, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of your use of the JamRides Platform and participation in the Services, including but not limited to: (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 JamRides Platform 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.
IN NO EVENT WILL JamRides, INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OWNERS AND EMPLOYEES (COLLECTIVELY “JamRides” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, SERVICE INTERRUPTIONS, ARISING OUT OF OR IN CONNECTION WITH THE JamRides PLATFORM, 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 JamRides PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JamRides HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS. BY USING THE JamRides PLATFORM, YOU RELEASE ALL JamRides FROM ALL LIABILITY OF INCIDENCENTS, INCLUDING, BUT NOT LIMITED TO ANY OF THE ABOVE INCIDENCES, YOU MAY ECONOUNTER WHILE USING THE JamRides PLATFORMS AND ECOUNTERS.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to JamRides’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by JamRides for your own use or for any purpose other than as contemplated herein.
You understand and that the Other Services not directly offered from JamRides’s Platforms are subject to the terms and pricing of the third-party provider. You agree that JamRides 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 JamRides Platform.
This Agreement shall be governed by the laws of Jamaica without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof.
Except as explicitly stated otherwise, any notices to JamRides shall be given by mail, postage prepaid and return receipt requested to JamRides, LLC., Port Antonio, Portland, Jamaica. Any notices to you shall be provided to you through the JamRides Platform or given to you via the email address or physical you provide to JamRides. This Agreement sets forth the entire understanding and agreement between you and JamRides with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the JamRides Platform or Services, please contact us.