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Tuverl Terms of Service

Last Updated: January 16, 2020

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Tuverl, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Tuverl,” “we,” “us” or “our”) governing your use of the Tuverl applications, website, and technology platform (collectively, the “Tuverl Platform”).

 

By entering into this Agreement, and/or by using or accessing the Tuverl Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TUVERL PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE TUVERL PLATFORM. If you use the Tuverl Platform in another country, you agree to be subject to Tuverl’s terms of service for that country.

1. The Tuverl Platform

The Tuverl Platform provides a marketplace where persons who seek transportation to certain destinations (“Commuters”) can be matched with transportation options to such destinations. One option for Commuters is to request a ride from drivers of buses, mini-buses, and taxis who are driving to or through those destinations (“Drivers”) and from operators who own and operate those buses, mini-buses, and taxis (“Operators”). Operators, Drivers, and Commuters are collectively referred to herein as “Users,” and the driving services provided by Operators and Drivers to Commuters shall be referred to herein as “Transportation Services.” As a User, you authorize Tuverl to match you with an Operator, Driver, or Commuter based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Transportation Services is a decision made in such User’s sole discretion. Each Transportation Service provided by an Operator or Driver to a Commuter shall constitute a separate agreement between such persons.

Tuverl is a technology company, not a transportation provider.  It is up to third-party Operators and Drivers to offer Transportation Services to Commuters, and it is up to Commuters to accept such Transportation Services.  Tuverl connects Commuters with Operators and Drivers. Tuverl is thus not responsible or liable for the acts and/or omissions of any transportation provider and/or any Transportation Services provided to Users.

2. Modification to the Agreement

Tuverl reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Tuverl reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Tuverl Platform or Transportation Services after any such changes shall constitute your consent to such changes. 

3. Eligibility

By becoming a User, you represent and warrant that you are at least 18 years old, and Drivers represent that they are at least twenty-five (25) years of age and hold a current, valid Class 2 driving license  By becoming a User, Drivers also represent that they comply with [local law regarding criminal history).  The Tuverl Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Tuverl Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Tuverl Platform, each User shall create a User account. Each person may only create one User account, and Tuverl reserves the right to deactivate any additional or duplicate accounts.

4. Charges

As a Commuter, you understand that request or use of Transportation Services may result in charges to you (“Charges”). Charges for Transportation Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on the Tuverl App, plus any tips to the Driver that you elect to pay. Tuverl has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Tuverl Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s Tuverl Cities page. You are responsible for reviewing the applicable Tuverl Cities page or price quote within the Tuverl app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Fares. There are two types of fares, variable and quoted.

  • Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
  • Quoted Fares. In some cases Tuverl may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Tuverl Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Tuverl does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.

Fees and Other Charges.

  • Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable Tuverl Cities page.
  • Prime Time. At times of high demand for Transportation Services (“Prime Time”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime Time multiplier into the quoted price of the ride.
  • Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about Tuverl’s cancellation policy, including applicable fees.
  • Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Tuverl in its sole discretion), towards vehicle repair or cleaning. Tuverl reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
  • Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s Tuverl Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by Tuverl will match the toll charged to the Driver, if any.
  • Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by Tuverl or its marketing partners. In addition, where required by law Tuverl will collect applicable taxes. See your market’s Tuverl Cities page for details on other Charges that may apply to your ride.
  • Tips. Following a ride, you may elect to tip your Driver in cash or through the Tuverl application. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Driver.

General.

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Tuverl may replace its third-party payment processor without notice to you. Charges shall only be made through the Tuverl Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Tuverl satisfies your payment obligation for your use of the Tuverl Platform and Transportation Services. Tuverl may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your ride receipts and payment history.
  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tuverl Platform, any disruption to the Tuverl Platform or Transportation Services, or any other reason whatsoever.
  • Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Tuverl Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Tuverl may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Tuverl App.
  • Credit Card Authorization. Upon addition of a new payment method or each ride request, Tuverl may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

Tuverl collects these Fares on behalf of Operators and charges Operators a fee for each Fare collected.

5. Payments

If you are an Operator, you will receive payment for your provision of Transportation Services pursuant to the terms of the Operator Addendum, which shall form part of this Agreement between you and Tuverl.

6. Tuverl Communications

By entering into this Agreement or using the Tuverl Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Tuverl, its affiliated companies and/or Operators, may include but are not limited to: operational communications concerning your User account or use of the Tuverl Platform or Transportation Services, updates concerning new and existing features on the Tuverl Platform, communications concerning promotions run by us or our third-party partners, and news concerning Tuverl and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LYFT PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LYFT PLATFORM OR RELATED SERVICES.

7. Your Information

Your Information is any information you provide, publish or post to or through the Tuverl Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Tuverl-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Tuverl Platform and participate in the Transportation Services. Our collection and use of personal information in connection with the Tuverl Platform and Transportation Services is as provided in Tuverl’s Privacy Policy located at (www.tuverl.com/privacy). You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Tuverl to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Tuverl does not assert any ownership over your Information; rather, as between you and Tuverl, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

8. Promotions, Referrals, and Loyalty Programs

Tuverl, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Tuverl. Tuverl reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Tuverl determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Tuverl reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Currently, Tuverl’s referral program (“Referral Program”) provides you with incentives to refer your friends and family to become new Users of the Tuverl Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program (link) rules.

9. Restricted Activities

With respect to your use of the Tuverl Platform and your participation in the Transportation Services, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, rule, permit, ordinance or regulation;
  4. interfere with or disrupt the Tuverl Platform or the servers or networks connected to the Tuverl Platform;
  5. post Information or interact on the Tuverl Platform or Transportation Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
  6. use the Tuverl Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Tuverl Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Tuverl Platform;
  9. “frame” or “mirror” any part of the Tuverl Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tuverl Platform;
  11. rent, lease, lend, sell, redistribute, license or sublicense the Tuverl Platform or access to any portion of the Tuverl Platform;
  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Tuverl Platform or its contents;
  13. link directly or indirectly to any other websites;
  14. transfer or sell your User account, password and/or identification, or any other User’s Information to any other party;
  15. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
  16. violate any of the Referral Program rules if you participate in the Referral Program; 
  17. Use the Tuverl Platform for unlawful purposes;
  18. Use the Tuverl Platform for any purpose other than for those it is intended to be used;
  19. Contact Operators or Drivers for any purposes other than obtaining Transportation Services;
  20. Impair the proper operation of the Tuverl Platform;
  21. or
  22. cause any third party to engage in the restricted activities above.

10. Operator and Driver Representations, Warranties and Agreements

  1. By providing transportation Services as a Driver on the Tuverl Platform, you represent, warrant, and agree that:
    1. You are at least twenty-five (25) years of age, possess a valid Class 2 driving license, are authorized and medically fit to operate a motor vehicle, and have all appropriate licenses, approvals and authority to provide transportation to Commuters in all jurisdictions in which you provide Transportation Services.You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Transportation Services, provide Services as a Driver while under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the Tuverl community or third parties.
    2. You will not transport more passengers than can securely be seated in such vehicle.
    3. You will not, while providing the Transportation Services, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
    4. You will not attempt to defraud Tuverl or Commuters on the Tuverl Platform or in connection with your provision of Transportation Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
    5. You will not discriminate against Commuters with disabilities and agree to review Tuverl’s Anti-Discrimination Policies (link). You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Commuters who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the vehicle’s trunk, backseat, or other storage area.
    6. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

 

  1. By providing Transportation Services as an Operator on the Tuverl Platform, you represent, warrant, and agree that:
    1. You own, or have the legal right to operate, the vehicle you use when providing Transportation Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per the manufacturer’s instructions.
    2. You will only provide Transportation Services using the vehicle that has been reported to, and approved by Tuverl, and for which a photograph has been provided to Tuverl, 
    3. You will not, while providing the Transportation Services, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
    4. You will not attempt to defraud Tuverl or Commuters on the Tuverl Platform or in connection with your provision of Transportation Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
    5. You will not discriminate against Commuters with disabilities and agree to review Tuverl’s Anti-Discrimination Policies (link). You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Commuters who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the vehicle’s trunk, backseat, or other storage area.
    6. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
    7. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Transportation Services.
    8. You will pay all applicable federal, state and local taxes based on your provision of Transportation Services and any payments received by you.

11. Intellectual Property

All intellectual property rights in the Tuverl Platform shall be owned by Tuverl absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Tuverl Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Tuverl. Tuverl shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

TUVERL and other Tuverl logos, designs, graphics, icons, scripts and service names are trademarks or trade dress of Tuverl in Zimbabwe and/or other countries (collectively, the “Tuverl Marks”). If you provide Transportation Services as an Operator, Tuverl grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Tuverl Marks solely on the Tuverl stickers/decals and any other Tuverl-branded items provided by Tuverl directly to you in connection with providing the Transportation Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Tuverl’s prior written permission, which it may withhold in its sole discretion. The Tuverl logo (or any Tuverl Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Tuverl Mark in a domain name or Tuverl referral code, or use of a Tuverl Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Tuverl Platform, but may not misidentify yourself as Tuverl, an employee of Tuverl, or a representative of Tuverl.

You acknowledge that Tuverl is the owner and licensor of the Tuverl Marks, including all goodwill associated therewith, and that your use of the Tuverl logo (or any Tuverl Marks) will confer no interest in or ownership of the Tuverl Marks in you but rather inures to the benefit of Tuverl. You agree to use the Tuverl logo strictly in accordance with Tuverl’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Tuverl determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the Tuverl Marks or any derivatives of the Tuverl Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Tuverl in writing; (2) use the Tuverl Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Tuverl Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Tuverl’s rights as owner of the Tuverl Marks or the legality and/or enforceability of the Tuverl Marks, including, challenging or opposing Tuverl’s ownership in the Tuverl Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Tuverl Marks, any derivative of the Tuverl Marks, any combination of the Tuverl Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Tuverl Marks; (5) use the Tuverl Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in Tuverl’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Tuverl Marks (in violation of this Agreement or otherwise), you agree that upon their creation Tuverl exclusively owns all right, title and interest in and to such materials, including any modifications to the Tuverl Marks or derivative works based on the Tuverl Marks or Tuverl copyrights. You further agree to assign any interest or right you may have in such materials to Tuverl, and to provide information and execute any documents as reasonably requested by Tuverl to enable Tuverl to formalize such assignment.

Tuverl respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Tuverl Platform infringe upon your copyrights, please view our Copyright Policy (link) for information on how to make a copyright complaint.

12. Disclaimers

The following disclaimers are made on behalf of Tuverl, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Tuverl does not provide transportation services, and Tuverl is not a transportation carrier. Tuverl is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Commuter contacted through the Tuverl Platform, and it is up to the Commuter to decide whether or not to accept a ride from any Driver contacted through the Tuverl Platform. We cannot ensure that an Operator, Driver, or Commuter 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 Transportation Services.

The Tuverl Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Tuverl Platform and/or the Transportation Services, including the ability to provide or receive Transportation Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Tuverl Platform or Transportation Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Tuverl Platform will be corrected, or that the Tuverl Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Tuverl Platform or Transportation Services.

We cannot guarantee that each Commuter is who he or she claims to be. Please use common sense when using the Tuverl Platform and Transportation Services, including looking at the photos of the Driver or Commuter you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Tuverl Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Operator, Driver, or Commuter prior to engaging in an arranged Transportation Service.

Tuverl is not responsible for the conduct, whether online or offline, of any User of the Tuverl Platform or Transportation Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Commuters. By using the Tuverl Platform and participating in the Transportation Services, you agree to accept such risks and agree that Tuverl is not responsible for the acts or omissions of Users on the Tuverl Platform or participating in the Transportation Services.

You are responsible for the use of your User account and Tuverl expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Tuverl Platform (including any profile information you provide), send to other Users, or share during the Transportation Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Tuverl Platform or through the Transportation Services. Please carefully select the type of information that you post on the Tuverl Platform or through the Transportation Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Tuverl or made available through the Tuverl Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Tuverl Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Tuverl Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Tuverl Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Tuverl, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Tuverl Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Tuverl Platform may be accessible to Tuverl and certain Users of the Tuverl Platform.

Tuverl advises you to use the Tuverl Platform with a data plan with unlimited or very high data usage limits, and Tuverl shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Tuverl Platform.

This paragraph applies to any version of the Tuverl Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Tuverl. Mobile telephone companies (“Phone Companies”) are not a party to this Agreement and shall have no obligations with respect to the Tuverl Platform. Tuverl, not the Phone Company, is solely responsible for the Tuverl Platform and the content thereof as set forth hereunder. However, Phone Companies and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, the applicable Phone Company shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

Commuters, Operators, and Drivers may use Google Maps while using the App. In either case, you agree that Google may collect your location data when the Tuverl App is running in order to provide and improve Google’s services, that such data may also be shared with Tuverl in order to improve its operations, and that Google’s terms and privacy policy will apply to this usage.

13. Indemnity

You will defend, indemnify, and hold Tuverl including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Tuverl Platform and participation in the Transportation Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Commuters, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Tuverl Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Transportation Services as an Operator or Driver; and/or (5) any other activities in connection with the Transportation Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. Limitation of Liability

IN NO EVENT WILL TUVERL, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TUVERL” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TUVERL PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TUVERL PLATFORM, THE TRANSPORTATION SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TUVERL PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT TUVERL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Tuverl; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Tuverl may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Transportation Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Tuverl’s star rating or cancellation threshold; (3) Tuverl has the good faith belief that such action is necessary to protect the safety of the Tuverl community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Tuverl’s reasonable satisfaction prior to Tuverl permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Tuverl’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 13-17, and 19 shall survive any termination or expiration of this Agreement.

 

16. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Tuverl’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Tuverl for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Tuverl Platform any User Information obtained from the Tuverl Platform. As an Operator or Driver, you understand that some of Commuter Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Commuter, you should not disclose to anyone the identity of the Commuter or the location that you picked up, or dropped of the Commuter as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Tuverl in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Tuverl with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Tuverl or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Tuverl; becomes known to you, without restriction, from a source other than Tuverl without breach of this Agreement by you and otherwise not in violation of Tuverl’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Tuverl to enable Tuverl to seek a protective order or otherwise prevent or restrict such disclosure.

17. Relationship with Tuverl

As an Operator or Driver on the Tuverl Platform, you acknowledge and agree that you and Tuverl are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Tuverl expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Tuverl; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Tuverl, and you undertake not to hold yourself out as an employee, agent or authorized representative of Tuverl.

Tuverl does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Tuverl Platform. You retain the option to accept or to decline or ignore a Commuter’s request for Transportation Services via the Tuverl Platform, or to cancel an accepted request for Transportation Services via the Tuverl Platform, subject to Tuverl’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Tuverl shall have no right to require you to: (a) display Tuverl’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Tuverl’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Transportation Services or otherwise engage in other business or employment activities.

18. Other Services

In addition to connecting Commuters with Operators and Drivers, the Tuverl Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Tuverl Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Tuverl Platform, you authorize Tuverl to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Tuverl is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Tuverl Platform.

19. General

This Agreement shall be governed by the laws of the Republic of Zimbabwe without regard to choice of law principles. This choice of law provision is only intended to specify the use of Zimbabwe law to interpret this Agreement and is not intended to create any other substantive right to non- Zimbabweans to assert claims under Zimbabwe law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Tuverl, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Tuverl shall be given by certified mail, postage prepaid and return receipt requested to Tuverl, Inc., ADDRESS. Any notices to you shall be provided to you through the Tuverl Platform or given to you via the email address or physical you provide to Tuverl during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Tuverl with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

Any disputes, actions, claism, or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Zimbabwe to which you hereby agree to submit to.

If you have any questions regarding the Tuverl Platform or Transportation Services, please send an email to support@tuverl.com.