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Terms and Conditions for RideCharge™

(Last Modified: 11 December, 2007)

Terms and Conditions Highlights

When you book with RideCharge™ you agree to pay a small fee for each ride that we dispatch for you, AND you agree to use the RideCharge mobile application to pay the transportation provider for the full cost of the rides you take. Your use of the RideCharge web-site accessible at www.ridecharge.com (the "Site"), and any RideCharge mobile application(s), other software, or services (the "Software") indicates your acceptance of the Terms and Conditions set forth in this agreement (the "Terms and Conditions") in their entirety. If you do not agree with these Terms and Conditions in their entirety, your sole and exclusive remedy is to immediately cease all use of the Site and the Software.

  • When you do a search, your search results will display the estimated costs for the transportation, and the RideCharge™ fee for booking with that provider
  • By completing a booking, you authorize RideCharge™ to bill your method of payment for RideCharge's usage fee, and the cost of your transportation
    • For taxis: you agree to use the RideCharge™ mobile payment system to pay the metered fare, and a tip if desired, in the car at the end of the ride. RideCharge bills this to your method of payment, and pays the taxi company.
    • For Sedan, limo, or shuttles: you agree to use the RideCharge™ mobile payment system to confirm that you took the trip, in the car at the end of the ride. After the car is dispatched, RideCharge will bill the amount agreed to at booking (base fare, authorized tip, any tolls or wait time, and other costs) even if you do not confirm, unless you cancel the booking in advance
  • Once the ride you have booked is dispatched, you agree to be billed for the RideCharge™ usage fee even if you do not use the mobile payment system to pay for your ride. This will appear as a separate charge to your method of payment. Further you hereby authorize RideCharge to charge the method of payment on file associated with your account for any and all fees owed by you and not paid at the end of the ride.
  • You can search for, book, and cancel rides (see cancellation policy) online or on your mobile without being charged; there is an additional charge for booking a ride by calling RideCharge™ operators directly

You agree to cancel reservations in advance to avoid the RideCharge™ fee, and any additional no-show fees or the full fare that may apply:

  • 20 mins for taxi
  • 20 mins for sedans in Manhattan, New York
  • 1 hour for sedans in outer bouroghs of New York City
  • 2 hours for sedans in all other locations, and for limousines
  • 4 hours for Super Shuttles
  • If you book with a lead time that is less than the cancellation window but do not take the ride, RideCharge™ reserves the right to charge you, and you agree to pay, a no-show fee or the full fare. You hereby authorize RideCharge to charge the no-show fee or the full fare, at its discretion, to the payment method on file with your account.

The transportation service quality is the responsibility of individual transportation providers.

Full Terms and Conditions

Your use of the RideCharge™ web-site accessible at www.ridecharge.com (the "Site"), and any RideCharge mobile application(s), other software, or services (the "Software") indicates your acceptance of the terms and conditions set forth in this agreement (the "Terms and Conditions") in their entirety. If you do not agree with these Terms and Conditions in their entirety, your sole and exclusive remedy is to immediately cease all use of the Site and the Software.

User Agreement

The terms "we", "us", "our" and "Company" refers to RideCharge, Inc., d/b/a, RideCharge™, a Delaware based corporation, and "you" or "your" refers to the customer using the Software we provide and / or the employer who has registered you for the Software. All transactions you complete through us are subject to the following terms, conditions and notices as they exist at the time the transaction is done. We reserve the right to change these terms, conditions and notices from time to time at our sole discretion, and your continued use of the Site and/or Software following such changes indicates your acceptance of such terms, conditions, and notices. It is your responsibility to check these Terms and Conditions each time you visit the Site to check for revisions. We will notify you of any material changes to the Terms and Conditions via the email address you provide to us when you register with the Site. If you do not accept any revisions you must immediately cease all use of the Site and the Software.

Limitations on Use of Software

As a condition of your use of our Software and our Site, or using any of the Software, the Site, or any other information or data available from us, you warrant and represent to us that you will not use our Software, information, images or data, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, software, information or software obtained from this website. The Site and Software are copyrighted by us. You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Site or Software. You will not, and will not authorize any party to, directly or indirectly, generate automated or fraudulent actions via the Site ("click-fraud"), including without limitation by using a person or automated script or computer program to generate automated bookings. Click-fraud and any other fraudulent actions (human or automated) that impact bookings are strictly prohibited at all times. You agree that you shall not, at any time, use this Site or Software for any illegitimate bookings or payments.

Your Warranties to Us

You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use our software in accordance with the terms and conditions of this agreement. You agree to be financially responsible for all of your use of our software as well as for the use of your name and payment method (e.g., corporate credit card, personal credit card, or other approved method) to pay for services and products purchased using our Software or Site by members of your household, including minors living with you, and if you have administrative roles with your employer for which you create bookings for colleagues, such colleagues. You also warrant that all information supplied by you or members of your company, organization or household in using our Site or Software is true and accurate. You agree to indemnify us for any breaches of the foregoing warranties.

Terms of Service

General

Our Software and Site are provided solely to assist you in determining the availability of travel-related goods and services and to make legitimate reservations, payments and to otherwise transact business with transportation providers ("Transportation Providers") and other suppliers, and for no other purposes. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select; you agree to abide by the terms or conditions of purchase imposed by any supplier or Transportation Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Transportation Provider's or supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Transportation Provider's or supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any reservation, in your forfeiting any monies paid for such reservation(s) or purchase, and You hereby authorize us to debit your account (via the method of payment associated with your account) for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of our software, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent.

Booking, Payment and Documentation Process; Transaction Fee

Once you have made a booking or order using our reservation software, you agree that you will pay for the goods and services received using our mobile payment and documentation software. In the unlikely event we cannot perform the booking per your request, we'll use commercially reasonable efforts to contact you via the contact information you provided us upon registration with the Site. You agree to submit to RideCharge™ the payments you owe, and you hereby authorize RideCharge to automatically debit your method of payment on file for the full cost of your travel once you have made a booking or order using the Site or Software and once your ride is dispatched. The full cost of your travel is the total of: the fare, gratuity, taxes, wait time fees, tolls, and any other charges that you, or a Transportation Provider submit to RideCharge, plus our Usage Fee. Our Usage Fee is a charge in connection with your booking, payment, and documentation.

If you do not submit the cost of services you received, you will not be billed for the full cost of your travel, however, you authorize RideCharge™ to automatically debit your method of payment on file for the Usage Fee alone; and you remain fully liable to the Transportation Provider for payment of the cost of services you received.

Call Center Support

If you are having trouble locating your booked ride, please call the provider directly, through the "Call Provider" feature on your mobile application or by dialing 1-877-4-1-RIDER (1-877-417-4337) and using the automated system to retrieve the phone number of your provider. RideCharge™ technical support will not be able to assist you in locating your vehicle because vehicle dispatch is handled exclusively by the dispatch center at each Transportation Provider.

If you need to cancel a service, you must so do online, through your mobile device, or by dialing 1-877-4-1-RIDER (1-877-417-4337) and using the automated system. Cancellation via this automated system will be subject to any applicable cancellation fees as set forth herein.

If you are having technical trouble with RideCharge™ software, our technical support is available to assist you during its standard technical support hours either by email, online chat, or by phone. The technical support call center representatives can assist you in paying for a taxi booking at the end of the ride. The technical support can also assist you with booking a ride, if you are unable to do so online or through your mobile device. Additional charges will apply for using our phone support for booking a reservation.

Price Displays For Booking Comparisons

The rate presented to you when you search for rates prior to your booking your trip is provided solely for the purposes of comparison. For taxi bookings, the rate is an educated estimate. Most price estimates are based on mileage/kilometers charges, hourly rates, flat fees, and / or zone pricing in accordance with local regulations and / or specific transportation provider policies, and are provided via the Site or Software by RideCharge™ solely for your convenience. You should not rely on these estimates in any way; you will be fully liable for payment of the actual fees assessed by the relevant Transportation Provider each time you book a trip and receive services. For sedan and SuperShuttle bookings, the rate represents the base fare for a point-to-point trip. In some circumstances, sedan and SuperShuttle fare also includes additional charges, such as taxes, as presented in the details of the specific fare. For limousine bookings, you are presented with the hourly rate and information on the minimum hours for which the vehicle must be booked.

None of these rates are a guarantee, price bid or a comprehensive price quote. Various factors, including without limitation wait time, gratuity, taxes, fees, tolls, additional passengers, baggage charges, other additional charges, or variations in ground conditions may result in a higher rate than the original estimated rate presented to you when you searched for a ride or booked a ride via the Site or Software.

When making a booking, you agree to be responsible for the total final fare, which will be determined after you complete your trip. For taxi rides, you are asked to report this total final fare amount using the mobile payment tool, and your preferred payment method will be billed. However, if you take a ride and do not pay for the total fare using the mobile payment tool, you will be liable for the amount reported by the Transportation Provider. For sedan, limousine, or SuperShuttle rides, you will be charged the final amount that is presented to RideCharge™ by the Transportation Provider. If you change the final destination of your trip, or include stops or additional passengers along the way, a higher base fare will apply. All new or additional charges will be presented in detail to you on the e-receipt available via the Site or Software. RideCharge will provide you with details regarding any additional charges via the Software and Site, to the extent such details are made available to RideCharge by the Transportation Provider, such as the GPS location of the sedan at a given wait period (when the Transportation Provider has GPS capabilities).

If you fail to show for a booking and fail to cancel the reservation within the cancellation window, RideCharge™ reserves the right to charge you a no-show fee. For sedan and SuperShuttle bookings, the no-show fee will be the base fare that is presented to you at booking, plus taxes. For limousine bookings, the no-show fee will be the minimum booking amount, as required by the Transportation Provider. When using sedan, limousine or SuperShuttle transportation services, no-show charges do not originate with RideCharge and may be levied by the Transportation Provider as reported to us with whom bookings were created via the Software or the Site.

Cancellation and Changes

To change or cancel a reservation, you can use our reservation software in most instances. Cancellations or changes using our software must be completed prior to the pickup time by at least 20 minutes in advance for taxis, 1 hour for sedan in New York City, 2 hours in advance for all other sedans and limousine, and 4 hours in advance for SuperShuttle vehicles. For cancellations that cannot be made using our reservation software, you must call the Transportation Provider directly.

For all reservations, please check your ride details via the Software and the Site for specific cancellation policies, which vary according to local regulations, service provider and service type. Cancellation of sedans, limousine or shuttle services outside of the cancellation window will result in the full base travel charge. Cancellation of taxi outside of the cancellation window may result in a RideCharge™ no-show fee.

If you are facing difficulty locating your reserved vehicle, please use our mobile services available via the Software or the Site to obtain the phone number of the Transportation Provider be sent to you via a text message or 'direct connect' . By reaching the Transportation Provider directly, you will be able to get the most real-time and accurate information about the location of your vehicle. The 'direct connect' functionality allows you to reach the provider's reservation and dispatch personnel by clicking on your reservation and selecting 'direct connect' on your mobile application. If you are not using a mobile application, you will receive a text message to your mobile phone with the service provider's direct number, unless you have opted not to receive text messages. Please note that the provider may ask you for your provider-specific reservation/confirmation number and/or your cell phone number, in order to locate your reservation.

If you leave (or are not present at) your pick-up location at the scheduled pick-up time without notifying the provider or RideCharge™, RideCharge reserves the right to automatically charge you a no-show charge via your payment method on file.

Links to Third Party Websites

Our website contains links to websites operated by parties other than RideCharge™. Those links are provided to you for your reference and convenience only. We do not own, control or review the content of those websites and are not responsible for their content or your use of them. We do not endorse such websites nor their content . It is Your sole responsibility to review the terms and conditions that apply to such sites before using them; these Terms and Conditions do not apply to any activities conducted outside this Site or the Software.

By using RideCharge™ software, you also agree to the MapQuest end-user terms located at www.mapquest.com/features/main.adp?page=legal

MapQuest reserves the right to amend and/or replace End-User Terms and the form and manner of presentation thereof. It is Your sole responsibility to review the terms and conditions that apply to the MapQuest site before using it; these Terms and Conditions do not apply to any activities conducted via the MapQuest site.

Electronic Communications

You communicate with RideCharge™ electronically whenever you visit our website, use the mobile applications or send emails or text messages to us. You consent to receive communications from RideCharge electronically. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirements that communications be in writing.

User ID, Password and Security

You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by RideCharge™ for use in connection with the website, mobile applications, or other services. You expressly agree not to share your user ID and/or password with any other person. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify RideCharge immediately of any unauthorized use of your user ID and/or password or any other breach of security related to RideCharge systems. If you are concerned that your password has been compromised, or you have lost your mobile device, it is your responsibility to change your password within the RideCharge system, notify RideCharge immediately, and cancel any unauthorized reservations. RIDECHARGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID, PASSWORD, MOBILE DEVICE, OR TO COMPLY WITH THIS SECTION.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY RIDECHARGE™ TO YOU UNDER THIS AGREEMENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, THE RIDECHARGE SOFTWARE, SITE AND THEIR PROVIDERS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO AMENITIES DISPLAYED VIA THE SOFTWARE AND THE SITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE THIRD PARTY PROVIDERS .

RIDECHARGE™, ITS PROVIDERS, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES OFFERED BY RIDECHARGE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY RIDECHARGE OR ITS PROVIDERS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. RIDECHARGE, AND ITS RESPECTIVE PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE TRANSPORTATION PROVIDERS, INCLUDING THE DRIVERS, CARRIERS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR RIDECHARGE™ ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF RIDECHARGE OR PROVIDERS. RIDECHARGE AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. RIDECHARGE AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL RIDECHARGE™, ITS PROVIDERS, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR OTHER SOFTWARE, OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHER SOFTWARE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RIDECHARGE, ITS PROVIDERS, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Force Majeure. RideCharge™ shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Site, Software or other products or services, where such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of RideCharge.

RideCharge™ shall not be liable for circumstances beyond its control including but not limited to weather, road conditions and breakdowns.

RideCharge™ assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle.

Indemnification

You agree, upon RideCharge's request, to defend and indemnify RideCharge™, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by:

you or on your behalf ; or

by third parties as a result of:

your use of the Site, Software or receipt of any services via the Site or Software; or

your violation of any law or the rights of a third party

RideCharge™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RideCharge in asserting any available defenses.

General

By using this Site, the Software or any other products or services provided by RideCharge™ or booking or paying for a reservation through us you agree that the internal laws of the Commonwealth of Virginia, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and RideCharge or its Transportation Providers. You hereby agree that any dispute arising from or relating to the use of Software, or the Site, or any reservations, payments or other activities done through us may, if not amicably resolved, be resolved only through binding arbitration between you and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in Alexandra, Virginia, USA before neutral arbitrators, shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. We reserve the right to comply with governmental or law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by RideCharge with respect to your use of this Site. If any provision of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of these Terms and Conditions will remain in full force and effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and RideCharge™ as a result of these Terms and Conditions or your use of the RideCharge Site, Software or any other products or services.

We reserve the right to comply with governmental or law enforcement requests or requirements relating to your use of RideCharge™ Software or the Site or any information provided to or gathered by RideCharge with respect to your use of RideCharge Software, Site or other products or services provided to you by RideCharge.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

These Terms and Conditions constitute the entire agreement between you and RideCharge™ with respect to RideCharge Software, the Site or any other products or services provided to you by RideCharge, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and RideCharge with respect to RideCharge software or services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Communications with RideCharge™. Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Copyright Notice

All contents of the RideCharge™ Site, mobile applications, and Software are copyrighted © 2007 RideCharge, INC, 2007 All rights reserved.

Trademark Notice

RideCharge's™ designs, logo, and the term "Rides On My Mobile" are trademarks or registered trademarks in the U.S. and/or other countries of RideCharge, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

Patent Pending

All contents of the RideCharge™ Site, mobile applications, and other Software have patents pending.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, RIDECHARGE™ DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.