Terms & Conditions

Terms and Conditions FOR TAXI DRIVERS AND PASSENGERS. This Terms of Use presents the “General Conditions” applicable to the use of services offered by RiaCab, an AAAA Technologies LLC company, either through the site www.RiaCab.com, application software for mobile phone handset (app) or phone (in addition to the “Website” ). The user certifies that he agrees to all terms set forth by RiaCab to access and request services. If you do not agree with the terms and conditions of use of the system and the privacy policy of RiaCab or not willing to be associated to it, do not install the app, delete it and do not make any use of it and website. 1. TERMS: (I) “Taxi (s)”: User musts that register as taxi drivers on the Website and that is accepted by RiaCab to participate in the project; (Ii) “Passenger (s)” means any User who signs up and registers as passengers on the Website; (Iii) “Services” means the passenger transport services through taxi provided by the Taxi drivers to the Passengers. (Iv) “User”: Taxi Drivers and Passengers. 2. WHAT IS THE WEBSITE? a) The RiaCab Website consists in a specialize service with the purpose to optimize the Taxi request service, however without creating any employee relationship with the Taxi, meaning that RiaCab should be considered only as a service provider with the purpose of scheduling. Through the system, RiaCab allows, totally free of charge, the PASSENGERS to sign up and locate the nearest TAXI DRIVERS to request their services in a more efficient way than the conventional existing methods. The TAXI DRIVER, by his means, can register on the Website through the “Taxi Driver” section, pending an evaluation from RiaCab and the necessary documentation when signing up to participate in the project. The TAXI DRIVER will pay a flat fee per completed rides using the Website. 3. REGISTRATION AND USE OF THE SYSTEM a) When registering, the User agrees to provide accurate information, complete and updated as requested on the form filled, being RiaCab not obliged to supervise or control the accuracy of the information. b) Only those individuals who have full legal capacity are allowed to participate in the project. People who do not enjoy this capability, among them under aged, should be assisted by their legal representative. c) The TAXI DRIVER agrees that by registering he will be scrutinized to be accepted by RiaCab who may refuse or cancel his user account at any time, whether by complaints or by internal policy. d) The RiaCab further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the user. e) The RiaCab is not liable for any damage resulting from the disclosure of the password to third parties. You shall be solely responsible for this. f) You may not transfer in any way, the user’s registration to a third party. 4. LIMITATION OF LIABILITY – Relationship Driver Passenger: a) RiaCab does not provide transportation services by taxi, serving only as an intermediary in order to optimize the scheduling service for the taxi. Thus, by accepting the provision of services by the TAXI DRIVER, the PASSENGER acknowledges that the RiaCab has no direct association with the TAXI DRIVER, it just facilitates contact between driver and passenger. The user acknowledges and agrees that RiaCab is not liable for any act or omissions committed by any user, whether by robbery, commitment break as a result of any act, discussions, and others including the effective fulfillment of the obligations assumed by the users and loss not being for tax purposes. The user acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. RiaCab recommends that every transaction is done with good sense. – From availability and inconsistency in the system: b) RiaCab does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for damages caused to users. c) You agree that RiaCab is also not responsible for any damages or losses caused to your computer as a result of using the Website. d) RiaCab is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar. – Compensation for damages: e) User agrees to indemnify and hold harmless the RiaCab and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys’ fees and court costs for the damage they cause. 5. OBLIGATIONS, LIABILITIES AND RISKS OF PASSENGERS. a) The PASSENGER certifies that he uses the service for their own free will and untrammeled choice and recognizes and accepts as its responsibility and risk for using the Website. – The acceptance and refusal and cancellation of services: b) The acceptance and denial of the service may occur at first by DRIVER, who can accept or deny the service when receiving a notification for a ride. PASSENGER may cancel the contract for any reason. Both recognize that RiaCab is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between passenger and driver, nor for any delay or failure in the delivery of services from the DRIVER. – The information and risks of the service: c) The PASSENGER acknowledges and declares that understands and is aware of all the risks involved in the use of the Website and contracting services, pledging to reasonably take care as expected of someone who chooses a taxi to transport himself. d) The PASSENGER acknowledges and agrees that RiaCab performs no DRIVER selection, simply registering on their website to participate does not vouch for its suitability, legally, physically or mental health to provide the Services. The PASSENGER acknowledges that the data provided from the TAXI DRIVER, such as: (i) vehicle model, (ii) plate of the vehicle, (iii) full name, (iv) profile picture, among others, were provided by the DRIVER himself. By accepting the Services, the PASSENGER acknowledges that RiaCab has no involvement in the contractual relationship between driver and passenger. 6. EVALUATION OF USERS a) It is a choice for the PASSENGER to evaluate the TAXI DRIVERS who transported them, assigning scores or commenting their service. Evaluations shall be for the exclusive use of RiaCab in order to better serve the PASSENGER, and may even block the TAXI DRIVER in case of several complaints. RiaCab reserves the right to use the evaluations to improve the service, whether for internal or external usage. 7. PRIVACY POLICY a) RiaCab will collect, store and may transmit or make available to any third party data and information provided by the PASSENGER upon the registration on the Website, not limited to the location, full name, last name, your profile photo, phone and for TAXI DRIVER, besides the previously mentioned, the registration number and grantee or auxiliary data of your vehicle, such as make, model, color and plate, among others. b) RiaCab implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected. c) Whenever the PASSENGER conducts financial transactions on the Website, RiaCab will collect all relevant information and may disclose it for specific system usage purposes. The user now authorizes RiaCab to communicate to the outsourcing payment service providers, if the user engages (or that RiaCab believe he was involved) in any activity that is illegal, which violates the rights of any person or lead to suspension or termination of the use of the system. d) RiaCab shall not be liable for any loss of user data, including resulting from acts of God, force majeure, that occurred because of the invasions to the Website and security breach by unauthorized third parties. 8. SANCTIONS a) The RiaCab may notify, suspend or terminate, temporarily or permanently, the account of any user at any time, and take legal actions if: (i) violates any of the representations, warranties and obligations contained in these Terms of Use any policies or rules and adjacent to it, (ii) deceptive or fraudulent practices, or (iii) RiaCab concludes, in its sole discretion, that the activities and attitudes have caused or may cause harm to others or the RiaCab in its own. The user shall not be entitled to any indemnity or compensation for the cancellation or suspension of your account on the system. 9. LICENSE a) RiaCab grants to the User a limited, personal, nonexclusive, nontransferable, non-commercial and fully revocable license to use the Website on his mobile or computer, in conformance and agreement of the terms contained in this Agreement. RiaCab reserves all rights to the Website not expressly granted here. b) The RiaCab is not liable for any damage suffered by the User who has copied, transferred, distributed or used any Website protected content, violating the rights of others. 10. GENERAL CONDITIONS a) This Term of Use does not generate any partnership agreement, in office, franchise or employment relationship between the user and the RiaCab. b) This Term of Use may be changed by RiaCab anytime. The changes will come into force automatically on the date of the publication of the new version on the Website. c) These Terms of Use shall be governed by and interpreted in accordance with the laws of each country and any disputes arising from this disclaimer which cannot be resolved by the parties, shall be submitted to the jurisdiction of the each determined city. d) By registering as a driver or passenger in the system and electronically accepting this Term, by clicking the “I accept the terms of use”, the User declares automatically and unconditionally to comply with these Terms and all other policies and rules available in the system. 11. USE OF THE SERVICE Only registered users may use RiaCab to call for taxis. By registering to use the service, you agree to: a) Provide truthful and up to date information during the registration process, and shall only use the service in good faith, without breaking any laws in the country where the taxi is requested. b) Never abuse the service by requesting a taxi without the intention of using it. If a problem arises during the use of the service, users shall, in good faith, attempt to solve the problem with the help of the taxi driver and RiaCab’s customer service. c) Never use the service in a way that causes damage to RiaCab or one of its partners. 12. PAYMENT AND THE IN-APP PAYMENT FUNCTION Users understand and agree that payment must be provided to the taxi driver regardless of any malfunction of the mobile application. In particular, when using the in-app payment functionality, or RiaCab Pay, users accept that there might be circumstances beyond RiaCab’s control that might cause a credit card to be rejected, and that, in such circumstances, the user must reach an alternative payment method with the taxi driver. 13. LIMITS OF LIABILITY Users accept that RiaCab acts solely as a scheduling/matching service between its users and taxi drivers, and that it is not responsible for any issues that arise during the taxi ride, such as accidents, delays, or car discomfort. RiaCab, on the other hand, commits to provide a thorough screening service so that only taxi drivers in good, legal standing in their cities/countries shall take part on the service. 14. INTELLECTUAL PROPERTY Use of the service does not transmit any intellectual property rights between RiaCab’s and its users. Users agree not to steal and/or publish, without RiaCab’s explict consent, any material, screens or artwork presented by the application during the use of the service. 15. TERMINATION RiaCab reserves the right to block any user on its platform should it suspect said user is attempting to abuse the platform or mislead taxi drivers, RiaCab employees, partners or other users through the platform. These actions include, but are not limited to: using stolen credit cards, requesting taxis without the intention to board them, not paying for the service, and constantly cancelling requests before the taxi arrives. 16. Payment Policy You understand that use of the various different services may result in charges to you for the services. RiaCab will receive and/or enable your payment of the applicable charges for services or goods obtained through your use of the services. Charges will be inclusive of applicable taxes and other service fees where required by law. Additional charges may include other applicable fees, tolls, , surcharges including a booking fee, airport surcharges or processing fees. All Charges and payments will be enabled by RiaCab using the preferred payment method designated in your account, after which you will be able to see final charges on your application booking details area. Charges paid by you are final and non-refundable, unless otherwise determined by RiaCab. As between you and RiaCab, RiaCab reserves the right to establish, remove and/or revise charges for any or all services at any time in RiaCab's sole discretion. RiaCab 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 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. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on driver/provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Repair, Cleaning or Lost and Found Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, 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 Repair or Cleaning request is verified by RiaCab in RiaCab's reasonable discretion, RiaCab reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by RiaCab to a Third Party Provider, if applicable, and are non-refundable.