Terms of Service
Last updated: April 28, 2023
GENERAL TERMS AND CONDITIONS AGREEMENT
- GENERAL TERMS
These General Terms and Conditions Agreement (“Agreement”) set forth the terms and conditions that apply to a user’s (“USER”) and a driver’s (“DRIVER”) access and use of WooHoo Rides, a ride share and entertainment transportation mobile application (the “App”) which serves as a portal and facilitator for customers to find, access, book, and use a variety of third-party ride share services (collectively, the “Services”), made available to USER/DRIVER by WooHoo Rides Transportainments, Inc. (the “Company”). The Company is a Delaware corporation with a principal address of 251 Little Falls Drive, Wilmington, DE, 19808. For questions, please contact [email protected]
This Agreement governs all uses of the Services, and by using the Services, USER/DRIVER agrees to be bound by this Agreement. USER/DRIVER acknowledges that this Agreement may be amended from time-to-time and may be subject to other agreements. If USER/DRIVER does not agree to this Agreement, then USER/DRIVER may not use and/or provide the Services.
- ACCEPTING THE TERMS
By agreeing to these terms of service, you consent to receive messages, including but not limited to text messages, SMS messages, and direct messages through social media, from Woohoo Rides related to your phone number or social media profile. These messages may include automated marketing messages or individually written messages for general conversations. You may opt out of receiving messages at any time by replying "STOP" to any message you receive from Woohoo Rides or by emailing a request to [email protected]. Once you opt-out, you will no longer receive messages from Woohoo Rides, except those required by law or related to your account with Woohoo Rides. Please note that message and data rates may apply to any messages you receive from Woohoo Rides. By agreeing to these terms of service, you acknowledge and agree to be responsible for any such charges.
By using and/or providing the Services, USER/DRIVER agrees to be bound by this Agreement. USER/DRIVER may not use or provide the Services, and USER/DRIVER may not accept this Agreement, if USER/DRIVER is not legally authorized to accept and be bound by the terms herein and/or is not at least 18 years of age and, in any event, of a legal age to form a binding contract with the Company.
- DRIVER SERVICES AND USER SERVICES AND LIABILITY WAIVER
The App is designed for use by USER/DRIVER. Through the App, the App provides a portal through with USER/DRIVER can find and book ride share and entertainment transportation services. Through the App, DRIVER can provide information to USER which will show DRIVER’S availability, services, rates, capacity, and more. The Company does not provide any ride services directly, but instead provides a convenient access point to facilitate the connection between USER and DRIVER.
USER/DRIVER ACKNOWLEDGES AND ACCEPTS THAT THE COMPANY IS NOT PROVIDING ANY TRANSPORTATION SERVICES OF ANY KIND AND IS MERELY A PORTAL FOR CONNECTING USERS AND DRIVERS. USER/DRIVER ACKNOWLEDGES THAT THE COMPANY IS NOT GUARANTYING THE SERVICES PROVIDED BY DRIVERS TO USERS NOR IS THE COMPANY LIABILE IN ANY WAY FOR ANY ACTION OR INACTION OF ANY USER AND/OR DRIVER. USER/DRIVER HEREBY WAIVES ANY AND ALL CLAIMS HE/SHE/IT MAY HAVE AGAINST THE COMPANY RELATING TO ANY ACTION AND/OR INACTION OF USER AND/OR DRIVER. FURTHER, USER/DRIVER HEREBY AGREES TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES FOR ANY CLAIM(S) AGAINST THE COMPANY BY USER/ DRIVER FOR ANY ACTION AND/OR INACTION OF ANY USER/DRIVER.
In the event any such claim arises, the Company shall have exclusive choice of counsel in its defense.
- PRIVACY AND PERSONAL INFORMATION
- PURPOSE OF GENERAL TERMS AND CONDITIONS
This Agreement entered into by and between Company and USER/DRIVER (each, individually, a “Party” and, collectively, the “Parties”) has the purpose of framing the rights and general obligations of the Parties in the context of the use of all the Services offered via the App.
- THIRD-PARTY PROVIDERS AND DEFENSE AND INDEMNIFICATION
The source data that the Company aggregates and organizes on USER’S/DRIVER’S behalf as part of the App is often controlled and maintained by third-party service providers and internet marketing firms. Pursuant to this Agreement, USER/DRIVER is explicitly granting the Company full access to USER’S/DRIVER’S data via these third-party providers. In the event that USER/DRIVER has any license agreement, non-disclosure agreement, or any other restrictive covenant in place with any third-party provider, USER/DRIVER hereby explicitly represents that his/her/its disclosure of any data held by any third-party to the Company is in compliance with any and all contracts he/she/it may have in place with that provider.
USER/DRIVER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF OR RELATE IN WHOLE OR IN PART TO ANY BREACH OF THIS AGREEMENT OR ANY ACTIVITY BY USER/DRIVER IN RELATION TO THE APP AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USER’S/DRIVER’S DISCLOSURE OF DATA OF ANY KIND TO THE COMPANY.
In the event any such claim arises, the Company shall have exclusive choice of counsel in its defense.
- FEES AND PAYMENTS
- Currency. All fees, deductible amounts and other payments referenced on, or charged through, the App are listed and payable in local currency. (If USER uses the App to book a DRIVER in the United States, USER’S payments will be in USD; if USER use the App to book a DRIVER in Canada, USER’S payments will be in CAD.)
- Fees for Passengers. USER may purchase Services from a DRIVER by completing a booking through the App. USER enters into a transaction with a DRIVER when USER accepts a booking. USER’S acceptance of a booking constitutes USER’S agreement to pay the total fees indicated in the booking. Except where otherwise specifically indicated on the App, fees for Services are determined by each DRIVER. The total amount a USER is charged for a booking may also include a service fee payable to the Company. Where required by law, the amount charged may also be inclusive of applicable taxes. DRIVERS, not the Company, are responsible for performing the Services.
- Fees for Service Providers. DRIVER may agree to provide Services to a USER by agreeing to a booking. DRIVER must confirm the booking before it expires, or USER will have no obligation to complete the transaction. Once the booking is completed by both USER and DRIVER, DRIVER agrees to honor the price set forth in the booking. The purchase of Services is a transaction between USER and DRIVER. The Company’s role is only to facilitate payments from USER to DRIVER as limited payment agent for DRIVER. The Company collects payment from USER at the time of booking and (except to the extent of any payment hold) remits payment to DRIVER’S accounts on the App within forty-eight (48) hours after completion of the service period indicated in the booking. DRIVER is charged a service fee as described below, which the Company deducts before remitting payment to DRIVER.
- Service Fees. The Company charges a service fee for some aspects of the Services. Except where otherwise specified herein, the Company’s service fee is calculated as a percentage of the fee USER agrees to pay in a booking. The Company adds the service fee to the amount paid by USER. Likewise, the service fee is also taken from the payout that is sent to DRIVER. All transactions incur a service fee based on a percentage of the transaction. This applies to the payment billed to USER as well as the payment sent to DRIVER.
- Late Fees and Additional Charges. USER acknowledges and agrees that, if his/her/its ride is a longer duration than the service period agreed upon in a booking, USER will be charged for additional service time at the hourly rate established in the booking. In addition, USER agrees to indemnify the Company from, and agrees the Company may charge USER’S credit card or other payment method for, any additional costs and expenses the Company or DRIVER incurs as a result of the extension of the actual service period at the end of the service period agreed upon in the applicable booking.
- Cancellations by DRIVER. If DRIVER cancels a booking prior to or during the service period identified in the booking, the Company will refund the fees paid by USER for the Services not provided, as well as any service charge paid to the Company. DRIVER cancellations are taken seriously. DRIVER acknowledges that cancellation by DRIVER may result in a review of DRIVER’S account and, if the Company deems it appropriate, suspension or termination of DRIVER’S access to the App.
- Reservation Protection. The Company uses all reasonable efforts to find replacement DRIVERS when a DRIVER cancels bookings near the start date of the service period identified in the booking. The availability of the reservation protection depends on the timing of the cancellation and the type of Services to be provided. Generally, if the reservation protection applies and USER accepts a new booking with a replacement DRIVER, the Company will (with the limited exceptions described below) pay the cost difference between the original booking and the new booking, up to, but not exceeding, 25% of the total cost of the original booking. However, if a booking is cancelled by DRIVER due to USER’S failure to provide accurate or complete information regarding the time, location, logistics of a pick up or due to USER’S behavior, USER shall be responsible for the full cost of any new reservation.
- Cancellations by USER. If USER cancels a booking prior to or during the service period specified in a booking, the Company will refund fees in accordance with the cancellation policy selected by DRIVER on the App. Each DRIVER is required to select a cancellation policy prior to completing a booking so that said DRIVER is aware of the cancellation policy prior to the booking.
- Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of USER/DRIVER that make it impossible or impractical to proceed with and/or perform an agreed upon booking, such as evacuations resulting from hurricane, wildfire or other natural disaster. In such cases, the Company may, in its reasonable discretion, issue refunds under terms that vary from DRIVER’S selected cancellation policy.
- Refunds for Substandard Services. If the Company determines, in its reasonable discretion, that DRIVER has failed to provide Services as agreed upon with USER or otherwise in accordance with this Agreement, then the Company may, in its reasonable discretion, cancel a booking and/or issue a full or partial refund to USER.
- Cancellations Generally. If USER/DRIVER wishes to cancel a booking, that USER/DRIVER shall use the mechanisms available through the App to do so. For purposes of the policies and terms in this Section 7(k), the date of cancelation is the date that a USER/DRIVER cancels through the App, regardless of any separate communications between the USER and DRIVER outside of the App.
- Payment Disputes. The Company shall issue payment to DRIVER within forty-eight (48) hours after completion of a booking. Once the Company has issued said payment, any further payment disputes are between USER and DRIVER, and the Company shall have no obligation to mediate or facilitate any resolution. Further, the Company has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the App.
- Payment Holds. The Company reserves the right to issue a hold on amounts otherwise payable to DRIVER if there is a reasonable suspicion of fraudulent activity involving DRIVER’S account or for other similarly compelling reason involving protection of the Company or third-party rights. The Company may also recommend that third-party payment service providers restrict DRIVER’S access to funds in his/her/its account under the same circumstances.
- Authorization to Charge. When USER pays for Services on App, USER will be required to provide the Company with valid, up-to-date credit card or other payment information. USER authorizes the Company to charge his/her/its credit card or other payment method for fees he/she/it incurs on the App as they become due and payable. USER is responsible for maintaining up-to-date payment information. If the Company cannot charge USER for fees when due because USER’S payment information is no longer valid, or if the Company does not receive USER’S payment when due, then USER understands that neither the Company nor DRIVER will be responsible for any failure to provide Services associated with those fees. Except as expressly provided in this Agreement, all fees paid via the App are non-refundable once paid.
- Taxes. Except for taxes on the Company’s income and gross receipts generally, USER/ DRIVER acknowledges that he/she/it is responsible to pay any taxes that arise as a result of his/her/its purchase, provision, or use of Services via the App. This includes, without limitation, any form of sales tax or income tax on fees paid or received through the App.
The Company recommends that USER provide DRIVER with contact information where USER can be reached in the event medical care for USER and/or passengers pursuant to a booking by USER becomes necessary. DRIVER agrees to immediately contact USER in the event such care becomes necessary or, if USER is not available, to contact the Company by phone at 1-504-515-1777 or at trust@WooHoo Rides.com. USER hereby authorizes DRIVER and the Company to obtain and authorize the provision of medical care for USER and/or passengers pursuant to a booking by USER if USER and/or passengers pursuant to a booking by USER cannot authorize care themselves in an emergency situation. In such case, USER also authorizes the release of his/her/its medical records and the release of the medical records of passengers pursuant to a booking by USER to the Company, with USER representing and warranting to the Company that USER has secured the necessary authority to grant said authorization. If DRIVER reaches USER with a request to authorize medical care for USER or any passengers pursuant to a booking by USER and USER and/or any passengers pursuant to a booking by USER refuse, then USER and/or any passengers pursuant to a booking by USER release DRIVER and the Company for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available, with USER representing and warranting to the Company and DRIVER that USER has secured the necessary authority to grant said release. USER is solely responsible for the costs of any such medical treatment for himself/herself or other passengers pursuant to a booking by USER and, USER hereby authorizes the Company to charge USER’S credit card or other payment method for such costs.
- RIGHTS GRANTED TO THE COMPANY
- INTELLECTUAL PROPERTY RIGHTS
The contents of the App and the Services, including their “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to the Company or its software or content suppliers. The Company grants USER/DRIVER the right to view and use the Services subject to these terms. USER/DRIVER may download or print a copy of information for the Services for his/her/its personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without the Company’s prior written consent. USER/DRIVER agree not to use, nor permit any third-party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
- USE WITH USER’S/DRIVER’S MOBILE DEVICE
- GENERAL OBLIGATIONS OF USER/DRIVER
In using the Services, USER/DRIVER shall:
- Comply with this Agreement;
- Comply with all applicable laws and regulations;
- Not infringe the rights of third-parties, and particularly the intellectual property rights of third-parties;
- Cooperate with the Company on all matters relating to the Services;
- Authorize the Company to use USER’S/DRIVER’S name, company name, and/or logo to identify USER/DRIVER as a “model client” for promotional purposes without any payment from the Company;
- Authorize the Company to post testimonials whose content and procedures for presentation are as agreed between the Parties;
- Be responsible for any encryption of data it requires;
- Strictly comply with the Company’s Acceptable Use Policy.
In using the Services, USER/DRIVER shall not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without the Company’s express written consent, which may be withheld in the Company’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services.
- SAFETY AND BACKGROUND CHECKS
- The Company may provide DRIVER with access to third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”). The Company does not provide and is not responsible or liable in any manner for, the Background Checks, and the Company does not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. The Company does not independently verify information in the Background Checks.
- If DRIVER undergoes a Background Check via the App, DRIVER hereby consents to the collection, use and disclosure of the information in the Background Checks, and DRIVER agrees to provide complete and accurate information for his/her/its Background Check. DRIVER understands and agrees that the Company may, in its sole discretion, review and rely on the information in the Background Checks in deciding whether to suspend or terminate or investigate a complaint about DRIVER, but also that the Company is not obligated to do so and are not responsible or liable in any way in the event that any information in any Background Check is not accurate, timely or complete. If DRIVER is the subject of a Background Check, DRIVER may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. DRIVER agrees that the Company’s rights and obligations inure to the benefit of the consumer reporting agency used for Background Checks in respect of any claim brought against the Company. The Company reserves the right to suspend or terminate DRIVER’S access to the App based on information in the Background Checks or for any other reason, or no reason, in its sole discretion.
- USER and passengers pursuant to a booking by USER remain fully responsible to evaluate and investigate their DRIVER. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, the Company does not automatically run Background Checks on any DRIVERS, USERS, and/or passengers pursuant to a booking by USER. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Checking agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
- DISCLAIMERS OF WARRANTIES
THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO USER/DRIVER ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE APP OR OF THE SERVICES. USER/DRIVER EXPRESSLY AGREES THAT HIS/HER/ITS USE OF THE SERVICES IS AT HIS/HER/ITS SOLE RISK.
NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY
THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO USER/DRIVER OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM USER’S/DRIVER’S USE OF THE APP AND/OR THE SERVICES, OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY’S LIABILITY TO USER/DRIVER FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
The Company may at any time, terminate its legal agreement with USER/DRIVER and access to the Services:
- if USER/DRIVER has breached any provision of this Agreement (or has acted in a manner which clearly shows that USER/DRIVER does not intend to, or are unable to comply with the provisions of this Agreement);
- if the Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to USER/DRIVER is, or becomes, unlawful);
- for any reason and at any time with or without notice to USER/DRIVER; or
- immediately upon notice, to the e-mail address provided by USER/DRIVER as part of his/her/its Registration Information.
USER/DRIVER acknowledges and agrees that the Company may immediately deactivate or delete USER’S/DRIVER’S account and all related information and files in USER’S/DRIVER’S account and/or prohibit any further access to all files and the Services by USER/DRIVER. Further, USER/DRIVER agrees that Company shall not be liable to USER/DRIVER or any third-party for any termination of USER’S/DRIVER’S access to the Services.
This Agreement will remain in effect until terminated by either USER/DRIVER or the Company.
In the event of a termination of this Agreement by either the Company or USER/DRIVER, USER/DRIVER understands, acknowledges, and agrees that he/she/it shall immediately surrender all information, and all access to information, regarding the Services to the Company.
- GOVERNING LAW AND FORUM SELECTION
This Agreement, and any question, dispute, or other matter related to or arising from this Agreement, shall be governed by the laws of the State of Louisiana without regard to conflict of laws principles. Any action, claim, dispute, or controversy under this Agreement shall be commenced exclusively in the courts of the State of Louisiana or the federal courts of the United States of America located in the State of Louisiana, and the Parties waive any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts over any such action, claim, dispute, or controversy.
The Company reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the App or Services with or without notice. The Company reserves the right to change the Services in its sole discretion and from time-to-time. If USER/DRIVER does not agree to the changes after receiving a notice of the change to the Services, USER/DRIVER may stop using the Services. USER’S/DRIVER’S use of the Services, after he/she/it is notified of any change(s) will constitute USER’S/DRIVER’S agreement to such change(s). USER/DRIVER agrees that the Company shall not be liable to USER/DRIVER or to any third-party for any modification, suspensions, or discontinuance of the Services.
The Company may modify this Agreement from time-to-time. Any and all changes to this Agreement may be provided to USER/DRIVER by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. USER/DRIVER is deemed to accept and agree to be bound by any changes to the Agreement when USER/DRIVER uses the Services after those changes are posted.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable,
- that provision will be fully severable, and this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never been part of this Agreement;
- the remaining provisions of this Agreement will remain in full force and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement; and
- in the place of the illegal, invalid or unenforceable provision, there will be added automatically to this Agreement a legal, valid and enforceable provision that is as similar to the illegal, invalid, or unenforceable provision as possible.
Whenever the single number is used in this Agreement and when required by the context, the same shall include plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision of this Agreement. Each and all of the covenants, terms, provisions, and agreements in this Agreement contained shall be binding on and inure to the benefit of the Parties and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors, and assigns. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company.
- APPLE REQUIREMENTS
If USER/DRIVER downloads the App or any of the Services from the Mac App Store, the following terms also apply to USER/DRIVER:
- Acknowledgement: USER/DRIVER acknowledges that this Agreement is between USER/DRIVER and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the App and the content thereof.
- Scope of License: The license granted to USER/DRIVER for the App is a limited, non-transferable license to use the App on Mac product that USER/DRIVER owns or controls and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
- Maintenance and Support: The Company, and not Apple, is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. USER/DRIVER acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, USER/DRIVER may notify Apple, and Apple will refund the purchase price for the App to USER/DRIVER. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
- Product Claims: The Company, not Apple, is responsible for addressing any user or third-party claims relating to the App or the user’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: USER/DRIVER acknowledges that, in the event of any third-party claim that the App or his/her/its possession and use of the App infringes that third-party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: USER/DRIVER represents and warrants that (i) he/she/it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) he/she/it is not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints or claims to: WooHoo Rides Transportainments, Inc., 251 Little Falls Drive, Wilmington, DE, 19808 or [email protected].
- Third-Party Terms of Agreement: USER/DRIVER must comply with any applicable third-party terms of agreement when using the App.
- Third-Party Beneficiary: USER/DRIVER acknowledges and agrees that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon USER’S/DRIVER’S acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against USER/DRIVER as a third-party beneficiary thereof.
Last updated 9/14/2022