Last Revised: Jan 1, 2024
Hip Mobility Inc., and its affiliates and subsidiaries (collectively, “Hip Mobility”, “we”, “our”, “us”, “Company”) welcome you (the “User(s)”, or “you”) to our webapp and mobile application (collectively, “App“), which is intended for booking transportation services from third party vendors (“Transportation Services” and “Vendors”, respectively). Each of the App’s User’s may use the App in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The App is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder.
Hip Mobility’s customers are businesses (“your Organization”), and the App is intended for use solely by your Organization’s authorized employees and service providers (i.e., the “User” or “you”). The Services that we provide via the App are strictly related to the services that we provide to your Organization, as our customer, and you may not use the App outside of your relations with your Organization. Please note that your Organization will have the right to enforce these Term as a third party beneficiary thereof.
2. The App and the Services
The “App” means any mobile or web application under Hip Mobility’s control, that is intended to connect Users with Vendors for the purpose of obtaining Transportation Services. Each reservation of Transportation Services a User makes with such Vendors on the App is a “Reservation” and each ride taken through a Reservation is a “Ride”.
HIP MOBILITY DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE VENDOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE APP. HIP MOBILITY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH VENDORS’ TRANSPORTATION SERVICES IN CONNECTION WITH YOUR ORGANIZATION’S BUSINESS ACTIVITIES, BUT HIP MOBILITY DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY VENDORS OR ANY OTHER THIRD PARTIES.
The fees and terms of each Reservation and Ride may vary, and are subject to the Company’s sole discretion and the Vendor’s terms of service and pricings (“Vendor Terms”). Rides and Reservations may be limited in capacity, geographic region, and hours of operation and are provided and presented via the App on a strict “as-is” and “as-available” basis, and as provided to us by Vendors (without any further investigation or confirmation of such information). We disclaim any representations, warranties and liabilities concerning Rides, Transportation Services, Vendors and Vendor Terms. Vendor Terms apply solely between the Vendor and yourself, and the Company is not a party to such Vendor Terms and is not liable for any breach of the Vendor Terms. By making any Reservation via the App you represent and warrant that: (a) you accept the relevant Vendor Terms and shall fully comply with them; (b) you understand and agree that Hip Mobility is not the provider of the Ride and Transportation Services and your release Hip Mobility from any and all claims and liabilities related thereto. We may suspend your access and use of the App if we become aware or reasonably suspect that you breached any Vendor Terms.
The App includes, inter-alia, content such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, content provided by Vendors (such as Ride availability, terms and pricing) and other features obtained from or through the App (collectively, the “Content”).
(collectively, the “Service(s)“)
YOUR USE OF THE APP, SERVICES, CONTENT AND/OR ANY TRANSPORTATION SERVICES, RIDES AND INTERACTIONS WITH VENDORS (OR ANYONE ON THEIR BEHALF) ARE ENTIRELY AT YOUR OWN RISK.
HIP MOBILITY DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE APP, TRANSPORTATION SERVICES, RIDES AND INTERACTIONS WITH VENDORS (OR ANYONE ON THEIR BEHALF), OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND/OR THE SERVICES, CONTENT AND/OR ANY TRANSPORTATION SERVICES, INCLUDING ON THE BASIS OF INTERACTIONS WITH VENDORS AND/ OR SERVICES RECEIVED FROM VENDORS. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.
HIP MOBILITY ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND VENDORS, AND DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE SERVICES (INCLUDING TRANSPORTATION SERVICES) PROVIDED BY SUCH VENDORS THROUGH THE USE OF OUR APP. HIP MOBILITY WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH TRANSPORTATION SERVICES AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM USING SUCH TRANSPORTATION SERVICES/RIDES.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH VENDORS (OR ANYONE ON THEIR BEHALF) WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE APP. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS OWN SAFETY.
WE RESERVE OUR RIGHT TO REFUSE PROVISION OF THE APP AND/OR SERVICES, TO ANYONE, FOR ANY REASON OR FOR NO REASON ALL SUBJECT TO APPLICABLE LAW.
TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. HIP MOBILITY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE SERVICES AND/OR CONTENT AND/OR ANY TRANSPORTATION SERVICES, RIDES AND INTERACTIONS WITH VENDORS.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Registration and User Account
Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Your failure to maintain accurate, complete, and up-to-date information, such as the expiration of a payment method, may result in your inability to access and use the App or the termination of your Account.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign, sell, or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to firstname.lastname@example.org. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security. Hip Mobility shall not be liable for any unauthorized transactions made through your Account prior to the expiration of seventy-two hours after you have made a request in writing for blocking your Account, and Hip Mobility shall not have any liability in case of force majeure event.
If you wish to either change your log-in details, or cancel and remove your Account, please refer to the “Manage your Account” function of the Site or Account Settings from the App. Your Account on the App will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE DATA AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
The App allows you to book Transportation Services from Vendors, including planning and reserving Rides from Vendors. Transportation Services are provided and maintained by third parties (Vendor) which are not affiliated with and/or controlled by us. You understand that the Transportation Services are subject to terms of the third-party Vendor which will govern your relationship with such Vendor. If you do not agree to the practices described in such Vendor Terms you should not use such Transportation Services. Hip Mobility is not responsible and has no liability for your use of such Transportation Services and the data retrieved from such services, including any data which is provided to us by Vendors and is presented on the App.
Your interactions with any Vendors on or through the App, or otherwise, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Vendors. You agree that Hip Mobility shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such Transportation Services. Transportation Services are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Hip Mobility and we will not be responsible for, and do not endorse, any Vendors and/or any related third party services accessed through the App.
OTHER THAN AS EXPRESSLY STATED HEREIN, THE COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY VENDORS, AND IS NOT THE SUPPLIER OF ANY OF TRANSPORTATION SERVICES THAT MAY BE PURCHASED BY USE OF THE APP. THUS, THE COMPANY DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO VENDORS OR OTHE PROVIDERS OF TRANSPORTATION SERVICES. ACCORDINGLY, THE COMPANY HAS NO CONTROL OVER OR RESPONSIBILITY FOR ANY VENDORS AND/OR TRANSPORTATION SERVICES AND/OR ANY OTHER THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY AND ACCURACY OF THESE SERVICES.
ALL THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS AND MATERIALS (INCLUDING PHOTOS) RELATED TO ANY TRANSPORTATION SERVICES OFFERED VIA THE APP, IS SUPPLIED TO HIP MOBILITY BY THE RELEVANT VENDOR, IS NOT VERIFIED BY HIP MOBILITY AND DOES NOT BIND HIP MOBILITY IN ANY FORM. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH ANY VENDOR AND/OR WITH ANY PERSON, ORGANIZATION OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR ENGAGE THROUGH THE USE OF THE APP AND/OR THE SERVICES.
HIP MOBILITY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND HIP MOBILITY IS NOT A TRANSPORTATION CARRIER. HIP MOBILITY IS NOT A COMMON CARRIER OR PUBLIC CARRIER. IT IS UP TO THE VENDOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A USER CONTACTED THROUGH THE APP, AND IT IS UP TO THE USER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY VENDOR CONTACTED THROUGH THE APP. WE CANNOT ENSURE THAT A VENDOR OR USER 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. ANY SAFETY-RELATED FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY HIP MOBILITY IS NOT AN INDICATION OF ANY EMPLOYMENT OR AGENCY RELATIONSHIP WITH ANY VENDOR OR USER.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE APP IS ENTIRELY THE RESPONSIBILITY OF THE VENDOR WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU.
WITHOUT DEROGATING FROM THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF ANY INTERACTIONS BETWEEN YOU AND THE VENDORS AND/OR TRANSPORTATION SERVICES.
Use of the App is free of charge. All ride are subject to fees, which are calculated on a per-Ride basis, in accordance with the Vendor Terms, fees due to Hip Mobility, other charges incurred by you (such as tips) and as agreed between Hip Mobility and your organization (collectively, “Ride Fees”). All Ride Fees shall be charged to the payment method on record, which may be that of your Organization. To the extent applicable, if the User’s payment information becomes invalid, the User’s use of the App may be suspended until valid payment information is provided. You will be charged upon completing your Reservation. In addition, we may pre-authorize and hold an estimated amount of the Ride Fee on your card before the Ride begins. All Rides Fees are non-refundable. Fees are exclusive of taxes and other government surcharges.
When you make a Ride request using the App, Hip Mobility will quote you a fare at the time of your request. The quote is subject to change until the Reservation is confirmed. If your final destination is not the same as the destination in your Reservation, or the time or distance of your Ride differs substantially from your quoted fare, or if you attempt to abuse the App, we may, at our sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. Hip Mobility does not guarantee that the quoted fare price will be equal to a variable fare for the same Ride. Vendor’s variable fares consist of a base charge and incremental charges based on the time and distance of your Ride. For particularly short rides, minimum fares may apply. Other fees and surcharges may apply to your Ride, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by the Vendor. In addition, where required by law, Hip Mobility will collect applicable taxes. Following a Ride, you may have the opportunity to elect to tip your driver in cash or through the App. You may also elect to set a default tip amount or percentage through the App.
If you cancel a Reservation, we may charge you a “Cancelation Fee” subject to applicable laws. Repeated cancellations may result in the suspension of your Account, in Hip Mobility’s sole discretion. If you are not present at the time and place designated in your Reservation, we will charge you with the full ticket price. Repeated “no-show” instances may result in the suspension of your Account, in Hip Mobility’s sole discretion.
When adding a new method of payment or every Ride request, Hip Mobility may ask the authorization of your payment method you selected to check the veracity of the payment process, make sure the cost of the Ride will be covered, and most importantly protect against illegal or unauthorized behavior. Such authorization is not a charge. Keep in mind however that it may minimize your available credit by the authorization amount until the next processing cycle of your bank. In case the amount of our authorization will exceed the total amount on deposit in your Account, it is possible that you may be subject to overdraft of NSF charges by the bank that issued your debit or prepaid card. Hip Mobility cannot be held accountable for these charges and will be unable to assist you in getting them back from your issuing bank.
All fees and other amounts paid hereunder are irrevocable and non-refundable. All amounts payable under these Terms are exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies, duties and/or governmental charges, except for taxes based upon our net income. User will pay all taxes and duties assessed in connection with these Terms by any authority, except for taxes payable on User’s net income. If any such tax or duty has to be withheld or deducted from any payment under these Terms, User shall gross-up the payment under these Terms by such amount as shall ensure that after such withholding or deduction, Company shall have received an amount equal to the payment otherwise required.
Payments may be processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with Hip Mobility. Hip Mobility is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of service and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.
You agree to receive various communications from Hip Mobility. This includes without limitation the following: e-mail; SMS or text messages; calls; and push notifications. You agree that SMS or texts, calls or messages that are pre-recorded may be produced through automated telephone dialing systems.
Any type of communications from Hip Mobility, may include but are not limited to the following items: operational communications about your Account, Transportation Services or using the App, updates about new and existing features on the Services, marketing and advertising communications about promotions from us or our third-party partners. This also includes any news about Hip Mobility and other types of industry news and developments. Standard text messaging rates and charges applied by your network provider will apply to the text messages that will be sent.
IF YOU NO LONGER WANT TO RECEIVE PROMOTIONAL AND MARKETING EMAILS, YOU CAN UNSUBSCRIBE AND REMOVE YOURSELF FROM OUR PROMOTIONAL EMAILING LIST BY CLICKING THE UNSUBSCRIBE OPTION FOUND IN THE PROMOTIONAL EMAIL. IF YOU NO LONGER WANT TO RECEIVE ANY PROMOTIONAL CALLS, MESSAGES OR TEXTS, YOU MAY DO SO BY FOLLOWING THE INSTRUCTIONS THEREIN, OR BY EMAILING email@example.com.
Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security systems breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.
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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and App and any updates thereto. Hip Mobility 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.
7. Use Restrictions
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Hip Mobility’s sole discretion) in the termination of your Account and use of the App and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Hip Mobility, you may not (and you may not permit anyone to): (a) use the App and/or the Services and/or the App for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or the Services to generate or send unsolicited communications, advertising, chain letters, or spam or to solicit other Users or user of the App; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Hip Mobility or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate users of the App’s rights to privacy and other rights, or harvest or collect personally identifiable information about users of the App without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App or the servers or networks that host the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the App and/or Content made accessible by Hip Mobility on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Hip Mobility’s proprietary rights, including Hip Mobility’s Intellectual Property (as such term is defined below), in any way or by any means; (j) make any use of the Content on any other website or networked computer environment for any purpose without Hip Mobility’s prior written consent; (k) create a browser or border environment around Hip Mobility Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Services and/or Content ; (m) frame or mirror any part of the App without Hip Mobility’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App; (o) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Service for any purpose for which it is not intended; (q) provide Hip Mobility with false Personal Information or payment method; and/or (r) infringe and/or violate any of the Terms.
9. Intellectual Property Rights
Subject to the terms hereof and the payments of the Consideration, Hip Mobility hereby grants to you, during the subscription term, a limited, personal, nonexclusive, non-transferable, non-sublicensable, non-assignable and revocable license to remotely access and use the App, and the Content provided in the App, solely for your personal purposes, in accordance with these Terms.
The User hereby declares and agrees that it shall only use the App in a manner that complies with all applicable laws in the jurisdiction in which the User uses the App, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property including copyrights and any other intellectual property rights.
The App, the Content, the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trademarks, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Hip Mobility (“Feedback”), Hip Mobility shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Hip Mobility current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Hip Mobility to comply with any additional obligations with respect to any Hip Mobility current or future products, technologies or services that incorporate any Feedback.
10. Trademarks and Trade names
Hip Mobility’s marks and logos and all other proprietary identifiers used by the Company in connection with the App (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
11. Linking from Hip Mobility’s App
The App and App’s availability and functionality depends on various factors, such as communication networks and the availability of Third Party Services. Hip Mobility does not warrant or guarantee that the App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
13. Usage Rules
Since you are downloading the App from a third party App, service provider or distributor (“App Provider”) your use of the App may also be governed by usage rules which the App Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable App Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the App Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the App Provider) other provisions that impose any responsibility on the App Provider, the terms of the applicable App Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): you acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Special provisions relating to Third Party Components
The App and/or the App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the App and/or the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and/or the App and Hip Mobility disclaims all liability related thereto. You acknowledge that Hip Mobility is not the author, owner or licensor of any Third Party Components, and that Hip Mobility makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App and/or the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
15. Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND HIP MOBILITY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, SUPPLIERS (COLLECTIVELY, “HIP MOBILITY’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, AVAILABILITY, THE QUALITY OF THE SERVICES OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE APP, THE SERVICES AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT HIP MOBILITY WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, AND (III) THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND HIP MOBILITY AND HIP MOBILITY’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, HIP MOBILITY AND HIP MOBILITY’S REPRESENTATIVES MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE APP. WE CANNOT GUARANTEE THAT EACH VENDOR IS WHO HE OR SHE CLAIMS TO BE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND ANY TRANSPORTATION SERVICES REMAINS SOLELY WITH YOU. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN HIP MOBILITY.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
USE OF THE APP AND/OR THE SERVICES AND/OR THE CONTENT AND/OR TRANSPORATION SERVICES IS ENTIRELY AT YOUR OWN RISK.
16. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL HIP MOBILITY, INCLUDING HIP MOBILITY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE APP AND/OR THE SERVICES AND/OR THE CONTENT AND/OR ANY GOODS AND/OR TRANSPORTATION SERVICES AND/OR SERVICES PROVIDED BY VENDORS AND/OR ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH VENDORS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICES AND/OR YOUR USE OR INABILITY TO USE THE APP AND/OR THE SERVICES AND/OR THEIR FAILURE TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER HIP MOBILITY (OR HIP MOBILITY’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HIP MOBILITY MAY INTRODUCE YOU TO VENDORS TO PROVIDE YOU TRANSPORTATION, BUT HIP MOBILITY DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY VENDOR AND YOU EXPRESSLY WAIVE AND RELEASE HIP MOBILITY INCLUDING HIP MOBILITY’S REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE VENDOR. YOU ACKNOWLEDGE THAT HIP MOBILITY DOES NOT MONITOR ANY VENDOR’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND HIP MOBILITY WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A VENDOR’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. HIP MOBILITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY VENDOR. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING HIP MOBILITY’S SERVICES RESTS SOLELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, HIP MOBILITY’S AND HIP MOBILITY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR TRANSPORTATION SERVICES AND/OR SERVICES AND/OR THE CONTENT AND WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED BY VENDORS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO HIP MOBILITY IN THE MONTH PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $US100.00, WHICHEVER IS GREATER. THIS LIMITATION IS CUMELATIVE AND NOT PER INCIDENT.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Hip Mobility, including Hip Mobility Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services and/or Transportation Services and/or interactions with Vendors; (ii) your violation of any of these Terms and any of the Vendor Terms; (iii) your violation of any third party rights, including without limitation, (i) any intellectual property rights or privacy right of such third party, in connection with your use of the Services, and (ii) transportation service providers booked through the App; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
18. Changes to the App
Hip Mobility reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Hip Mobility shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or the Content included therein. You hereby agree that Hip Mobility is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
19. Amendments to the Terms
Hip Mobility may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or will send you an email (to the extent that you provided us with such email address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via email, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
20. Termination of these Terms, Termination or Suspension of your Account, and the Termination of the App’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Hip Mobility may immediately temporarily or permanently limit, suspend or terminate your use of the App and/or deny access to your Account.
We note that we can suspend or terminate access to the App and/or your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Hip Mobility, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms and/or Vendor Terms; (f) if you, at our sole discretion, determined as a repeat infringer (a User who has been notified of infringing activity more than twice); and/or (g) we are required to by law. We may, but are not obligated to, provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Upon termination of these Terms for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the App and so certify to Hip Mobility if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Use Restrictions, Intellectual Property, Trademarks and Trade names, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
21. Force Majeure
Hip Mobility shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism, disease or public health emergencies or other similar causes.
22. Export and the Location of the User
The App may be subject to export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the App/Service.
These Terms and the relationship between you and Hip Mobility shall be governed by the laws of the state of New York without regard to its conflict of law provisions.
You and Hip Mobility agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York county in the state of New York. You covenant not to sue Hip Mobility in any other forum.
You also acknowledge and understand that, with respect to any dispute with Hip mobility or any Hip Mobility’s Representatives arising out of or relating to your use of the App and/or Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Rules of Arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Hip Mobility otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hip Mobility submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Hip Mobility will not seek, and hereby waives all rights Hip Mobility may have under applicable law to recover, attorneys’ fees and expenses if Hip Mobility prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hip Mobility will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (c) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (d) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (e) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (f) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, and (g) no amendment hereof will be binding unless in writing and signed by Hip Mobility.
25. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to email@example.com.