Terms and Conditions – Hitchman
1. Acceptance of Terms and Conditions
2. Use of our service
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this agreement. You shall not use this site if you are not competent to contract under the applicable laws, rules and regulations. By registering on Hitchman.co you explicitly understand and agree that:
§ The minimum age for registering is 18 years for both men and women.
§ You are not disabled by any law from entering into a contract.
You will only use the Services for your own personal, noncommercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law. We will not be responsible for use of the service for any user in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. To the extent permitted by law, Hitchman reserves the right to refuse or deny access to its Services at any time and within its sole discretion.
2.2 Usage of the service
HITCHMAN provides a means to enable persons who seek transportation to certain destinations ("Riders") to be matched with independent third party persons driving to those destinations ("Drivers"). You may be required to sign up for an account, using your email address, and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
HITCHMAN continuously does research and tries to provide the best possible services to its users. By using our services you acknowledge and agree that HITCHMAN has exclusive right to stop, modify or change the form of its service from time to time (permanently or temporarily) to you or the users generally. You acknowledge and agree that HITCHMAN can anytime terminate your user account or login route, or you may be prevented from accessing the services on HITCHMAN's sole discretion. You acknowledge and agree that HITCHMAN may anytime terminate or restrict your use of service if it hinders HITCHMAN to provide its services to other customers or to carry its operations or due to non-payment of dues.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Hitchman);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Hitchman account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
HITCHMAN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND HITCHMAN IS NOT A TRANSPORTATION CARRIER OR A TRANSPORTATION NETWORK COMPANY. IT IS SOLELY UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER, AND IT IS SOLELY UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH HITCHMAN IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION AND AT THAT USER’S SOLE RISK. HITCHMAN OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING HITCHMAN.
HITCHMAN DOES NOT GUARANTEE THE SUITABILITY, SAFETY, ELIGIBILITY, OR ABILITY OF DRIVERS OR RIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. HITCHMAN WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A DRIVER OR RIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS OR RIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVERS OR RIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS SOLELY AT YOUR OWN RISK AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE AND BEAR ALL RISKS FOR CHOOSING THE INDIVIDUALS WITH WHOM YOU TRAVEL. HITCHMAN SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS OR RIDERS AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH HITCHMAN’S SERVICES.
2.3 Access to the services
To avail of and use the services you will have to provide information about yourself as required by HITCHMAN for the registration process for the use of the services. You agree to provide us with complete, correct, accurate information and to maintain and update this information as required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete or HITCHMAN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; HITCHMAN has the right to indefinitely suspend or terminate your membership without assigning any reasons and refuse to provide you with access to HITCHMAN and its services. HITCHMAN can share customer/member information with employees and agents, with any company which you acquire / acquires you, to the Government or law enforcement agencies (if officially requested or required by order, Notification, Statute of the Court) and with anyone else, with the consent of the customer.
2.4 Non-commercial Use
You agree to use HITCHMAN solely for personal, ridesharing purposes only, and shall not use HITCHMAN for any commercial or profit making purposes. In particular, a user should only give rides to passengers when the ride is incidental to the purpose of their trip. Although HITCHMAN cannot offer legal advice or opinions, it reserves the right to restrict or terminate users if it has a reasonable belief that the Service is being used for commercial purposes. You agree that you will not use the services in any such manner which is inconsistent with all applicable laws and regulations. You will not use the website or mobile application to perform any illegal or illegitimate activities and shall not you aid any third party to carry on such illegal activities through this website or its services.
2.5 Payment Policy
Hitchman follows no refund policy i.e. any fees charged to the Users by website for the Services provided are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of (i) Your decision to terminate your usage, (ii) Our decision to terminate your usage, (iii) disruption caused to our Services either planned, accidental or intentional, or (iv) any other reason whatsoever. Hitchman, at its sole discretion, may provide customized offers to each customer i.e. varied promotional offers with different features at customized rates would be charged to different users. These promotional offers, unless made to you shall have no bearing whatsoever on your offer or contract.
You understand and agree that use of the Services as a Rider may require you to pay a reimbursement of a portion of the costs incurred by a Driver (“Reimbursement”). You agree that you will remit such Reimbursement solely and directly to Hitchman, not to a Driver unless otherwise determined by Hitchman. You further agree that you shall neither give a Driver, nor accept when serving as a Driver, Reimbursement in excess of the costs the Driver incurred for the particular trip in which you participated. After you have received services obtained through your use of the Service, Hitchman will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver’s limited Reimbursement collection agent, using the preferred payment method designated in your account. Payment of the Reimbursement in such a manner shall be considered the same as a Reimbursement made directly by you to the Driver. Reimbursements will be inclusive of applicable taxes where required by law. Reimbursements paid by you are final and nonrefundable, unless otherwise determined by Hitchman.
All Reimbursements are due immediately and payment will be facilitated by Hitchman using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Hitchman may, as the Driver’s limited Reimbursement collection agent, use a secondary payment method in your account, if available.
Hitchman reserves the right to establish, remove and/or revise Reimbursements for any or all aspects of the Services at any time in Hitchman’s sole discretion. Hitchman may from time to time provide certain users with promotional offers and discounts that may result in different Reimbursements for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Reimbursements applied to you. You may elect to cancel your request for Services from a Driver at any time. If you elect to cancel your request for Services from a Driver after the Driver arrives, you will be charged for all or a portion of the Driver’s Reimbursement. Even if you elect to cancel your request for Services from a Driver prior to such Driver’s arrival, you may still be charged for all or a portion of the Driver’s Reimbursement, depending on when you cancel. Hitchman may also impose a charge for delay which will also be applicable on all the Riders and the Driver if they do not arrive or pick up during the specified time period
2.6 Carpool Rules
Since all drivers are independent third party users and are not employees of Hitchman, we do not guarantee any service quality or experience. You can choose to request change to other drivers or not use the service. You are also bound to follow any carpool rules mentioned on the websites or in terms of conditions. Some basic carpool rules, but not only limited to the following, are as follows:
- You are not allowed to talk to the driver or rider/riders in the carpool to respect their privacy and not cause any argument or disturbances
- You are not allowed to talk on phone during the ride. You can send a text message or chat message, only if you are a rider
- If you are a driver you can play the music or radio channel of your choice but at a reasonable volume level as agreed by all riders in the car
- If you are using your mobile for a game or any other purpose, make sure the volume is silent and doesn’t disturb other riders and driver in the car
- Do not take contact information from riders or driver unless allowed by the application. Do not contact the riders or driver unless it is necessary to assist in the pick up or drop off for the carpool
- The driver will be the main decision maker when it comes to the pick-up and drop-off points and timings
If you don’t agree with the carpool rules, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the carpool rules is effective, that means you agree to be bound by the carpool rules in effect at the time of such use.
HITCHMAN has the right to indefinitely suspend or terminate your membership if you do not follow the carpool rules
2.7 Change in Services
We’re always trying to improve the Services, so they may change over time. Hitchman reserves the right to modify, suspend, or discontinue any part of the Services, impose limits on certain features, or restrict access to parts or all of the Services. You agree that Hitchman will not be liable to you for any modification, suspension, or discontinuation of part or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
2.8 Driver Requirements
By using the Service, a Driver represents, warrants, and agrees that:
- Such Driver is at least 18 years of age.
- Such Driver possesses a valid, current driver's license and is authorized to operate a motor vehicle in all jurisdictions in which such Driver uses the Services.
- Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Riders, and 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.
- Such Driver is named or scheduled on a valid insurance policy satisfying State and local laws where the vehicle is registered and covering the vehicle such Driver uses when accepting Riders. Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver's vehicle to cover any anticipated losses related to such Driver's provision of rides to Riders. Such Driver has no record of convictions for felonies, serious driving offenses, sex offenses, or crimes involving violence.
- Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.
- In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver's insurance carrier. Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- Such Driver will not make any misrepresentation regarding Hitchman, the Services or such Driver's status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver's obligations under these Terms.
- Such Driver will not transport a Rider on any trip arranged through the Services which is in excess of one hundred (100) miles.
- Such Driver will not discriminate 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.
- Such Driver is medically fit to drive in accordance with applicable law. Such Driver will not accept cash payments or any other form of compensation directly from passengers.
- Such Driver is an independent third party volunteering to drive others in a not-for-profit carpooling arrangement, and is not an employee or agent of Hitchman or its affiliates.
- Such Driver will cooperate fully with Hitchman in the event that Hitchman chooses to verify any or all of these Driver Requirements.
When you are a Driver (or as part of a promotion or other offer), you may accrue credits (collectively, your “Hitchman Points”) in accordance with our credit accrual policy in effect at the time of accrual. In accordance with our policy in effect at the applicable time of application or reduction, your Hitchman Points may be applied towards trips you take as a Rider or (subject to our then current minimum “cash out” amount and applicable limits on promotional credits) you may elect to reduce your Hitchman Points in exchange for money to be deposited into a qualifying bank account designated by you. Please note that these rights (and the Hitchman Points) are contractual rights only and do not constitute or represent property or any right or interest in property; in any case (and notwithstanding any reference to any “account”), we are not holding any property (including money) for you or on your behalf, as a fiduciary or otherwise. If you have not accrued new credits or used any credits within a twelve (12) month period, your credits will expire and your Hitchman Points will go to zero.
3. Intellectual property and related rights
3.1 Content on Website
You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. You should be aware that content presented to you as part of the Service on our website, including but not limited to advertisements and promotional material of HITCHMAN or other companies, is protected by intellectual property rights which are owned by HITCHMAN, or the sponsors or advertisers who provide that content to HITCHMAN (or by other persons or companies on their behalf). You cannot modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless permitted by HITCHMAN or by the owners of that content, in a separate agreement. Any content being uploaded/ shared by you on our website or using the medium of our service may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action. You agree that you are solely responsible for (and that HITCHMAN has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Service or for the consequences of your actions (including any loss or damage which HITCHMAN may suffer) by doing so. You understand that by using the Service you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. HITCHMAN shall not be made responsible for any repugnant content circulated on its Service by other users. On noticing any such content, it is your duty to bring it to the attention of HITCHMAN officials immediately, who will take due care to delete it from the Service.
3.2 Intellectual property rights
Everything located on or in this Website is the exclusive property of HITCHMAN or used with express permission of the copyright and/or trademark owner or advertiser. Any violation under this head may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and / or criminal penalties. This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, videos, graphics, music, sound, and the entire content of HITCHMAN protected by copyright as a collective work under the copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download / print / save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HITCHMAN and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Users acknowledge that they do not acquire any ownership rights by downloading copyrighted material. A User shall not upload post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. HITCHMAN does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Users also permit any other User to access, view, and store or reproduce the material for that User's personal use. User hereby grants HITCHMAN the right to edit, copy, publish and distribute any material made available on this Website by User.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Hitchman’s) rights.
You understand that Hitchman owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
For all User Submissions, you hereby grant Hitchman a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Hitchman the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Hitchman users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Hitchman’s business, provided that Hitchman will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide.
Finally, you understand and agree that Hitchman, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
3.3 Reporting of Copyright or Intellectual Property Infringements
If you see any infringements you can report to us and according to the Digital Millennium Copyright Act (the “DMCA”), which relates to online service providers, like Hitchman, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
3.4 Responsibility on the service
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Your interactions with organizations and/or individuals found on or through the Services, 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 organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Hitchman shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Hitchman is under no obligation to become involved and is in no way responsible. In the event that you have a dispute with one or more other users, you release Hitchman, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
4. No agency
4.1 HITCHMAN provides these Services in the capacity of independent contractors, and no agency, partnership, joint venture, employee-employer, franchisor-franchisee or any similar relationship is intended or created by this Agreement.
5. Termination Clause
5.1 Terms can be terminated by users or us. Users may terminate this Agreement (and their account) at any time by emailing us at contact@Hitchman.co. Please note that HITCHMAN may terminate this Agreement and your account at any time and for any reason, this includes but is not limited to the forth mentioned reasons
a) If you have breached any provisions of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms),
b) If HITCHMAN is required to do so by law.
We maintain sole discretion to bar your use of service in the future, for any or no reason. Even after your participation on Website is terminated, this agreement will remain in effect. We reserve the right to terminate the contract by sending an email to the user. We will process all outstanding donations for all rides provided prior to the date of termination within thirty (30) days of the date of termination.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT HITCHMAN DOES NOT PROVIDE ANY WARRANTY RELATED WITH THE USE OF SERVICES AND YOU USE THE SERVICES PROVIDED BY HITCHMAN AT YOUR OWN RISK. YOU ALSO UNDERSTAND AND AGREE HITCHMAN DOES NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE, COMPLETE, CURRENT, UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE (INCLUDING SPECIFICALLY FROM SERVER DOWNTIME), OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ANY OTHER ELECTRONIC DEVICE OR LOSS OF DATA OR ANY OTHER KIND OF ELECTRONIC MALFUNCTION THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITCHMAN AND THROUGH ITS SERVICE WILL CREATE ANY WARRANTY WHETHER EXPRESSLY STATED HEREIN OR NOT, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WE CANNOT AND DO NOT TAKE RESPONSIBILITY OF USERS OF OUR SERVICE AND WE DO NOT CONFIRM THEIR PURPORTED IDENTITY. YOU UNDERSTAND THAT OTHER USERS MAY USE OFFENSIVE, HARMFUL, INCORRECT, MISLEADING OR DECEPTIVE INFORMATION. PLEASE USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE AND ITS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HITCHMAN, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SHALL NOT BE LIABLE AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE HITCHMAN SERVICE, NOR DOES HITCHMAN WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY MISBEHAVIOR, PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE AND ANY DISPUTE ARISING AMONG YOU AND THE OTHER USERS OF OUR SERVICE. HITCHMAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HITCHMAN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Warranty Disclaimer. Neither Hitchman nor its licensors or suppliers makes any representations, guarantees, or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations, guarantees, or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Hitchman or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY HITCHMAN (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HITCHMAN (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT,PAID BY YOU TO HITCHMAN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
7.1 You agree to indemnify and hold harmless HITCHMAN and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, suits, legal proceedings and expenses (including but not limited to attorney's fees) arising from:
(i) Your use of and access to the Service, including any data or content transmitted or received by you.
(ii) Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above.
(iii) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
(iv) Your violation of any applicable law, rule or regulation.
(v) Any claims or damages that arise as a result of any of your User Content or any that is submitted via your account.
(vi) Any other party's access and use of the Service with your unique username, password or other appropriate security code or.
(vii) Any and all claims or damages (alleged or actual) that arise as a result of a ride that you provide as a Driver or a ride that you take as a Passenger.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify, defend, and hold Hitchman, its affiliates, officers, directors, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) violation of these Terms by you. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that Hitchman’s failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hitchman’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
8 MODIFICATION AND REVISIONS
9.1 Except as explicitly stated otherwise, any legal or statutory notices to HITCHMAN shall be given by certified mail, postage prepaid and return receipt requested to [House 218, Street 23, F-11/2, Islamabad].
10. Principle of Severability
11.1 User should contact the customer care via email provided at Hitchman.co for any complaints regarding the service provided by HITCHMAN. Complaints will be serviced in queue and due importance will be given to your problem. Please do mention 'Complaint' as your subject.
12. Dispute resolution and Arbitration
Choice of Law; Arbitration. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Islamabad, Pakistan, in English, in accordance with the local law. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HITCHMAN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13. Terms & Conditions
Please Note: NOTHING stated in this document must be construed to be completely exhaustive or exclusive. HITCHMAN reserves the right to use any information in a manner materially different from what is stated here and such usage shall be notified to the respective User by a prior notice through any accepted form of communication.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Hitchman may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of Hitchman, and that you do not have any authority of any kind to bind Hitchman in any respect whatsoever.
Waiver of Reliance on Advertising or Representations. By using Hitchman’s Services you agree that you are not relying in any way on any advertisements, representations, or statements made by Hitchman or any of its employees, agents, contractors, or anyone else acting on its behalf in choosing to use the Services.
Entire Agreement/Severability. You and Hitchman agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Hitchman, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms. The failure of Hitchman to exercise, in any way, any right herein shall not be deemed a waiver of any rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.