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Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.tipsyryde.com website and the Tipsy Ryde mobile application (the "Service") operated by Tipsy Lift Inc. 

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Application Requirements

The Tipsy Ryde Application is available only to, and may only be used by persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Tipsy Ryde Application is not available to children (persons under the age of 18) or End Users who have had their End User account temporarily or permanently deactivated. By becoming an End User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this EULA.

Fees, Payments & Charges

As a Member, you agree that any amounts charged following a ride or delivery (a "Charge") are mandatory and due and payable immediately after the scheduling of a ride or delivery of goods. Charges include Ride Fees, Delivery Fees, and other applicable fees, tolls, surcharges, and taxes as set forth on your City charges, plus any tips to driver that you elect to pay. Tipsy Ryde has the authority and reserves the right to determine and modify pricing by posting applicable Charges to your Cities / State / Country's ordinance. You are responsible for reviewing the applicable City / Ordinance charges and are responsible for all Charges incurred under your End User account regardless of your awareness of such Charges or the amounts thereof. In all Cities, Ride Charges are subject to maximum limits and in no event shall they exceed $500, Delivery Charges vary depending on the Cost of Goods and at the applicable Tipsy Ryde percentage fee.

  • Ride Fees: Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride, and other factors. For particularly short rides, minimum Ride Fees do apply. Ride Fees will be estimated in advance when an end destination is entered in the Tipsy Ryde Application.

  • Delivery Fees: Delivery Fees consist of a Distance Based pricing structure ("Zones") that are based on the distance from the delivery location to the location of the item(s) you have requested and other factors. 

  • Cancellation Fee: In the event that you cancel a Ride request or cancel a Delivery request on the Tipsy Ryde Application more than 7 minutes after such request is made, or the driver has arrived at the Delivery pick up location, or your Ride pick up location, whichever one is sooner, or make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a "Cancellation Fee". We may also assess a Cancellation Fee if we suspect that you have intentionally cancelled rides or Deliveries to disrupt the Tipsy Ryde Application or the provision of Services.

  • Damages Fee: If a Driver reports that you have materially damaged their vehicle, you agree to pay a "Damages Fee" of up to $500 depending on the extent of the damage (as determined by Tipsy Lift Inc. in its sole discretion), towards vehicle repair or cleaning. Tipsy Lift Inc. reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damages Fee.

  • Other Charges. Other fees, tolls, and surcharges may apply to your ride or delivery, including, but not limited to: actual or anticipated airport access fees, state or local fees, tolls (and return tolls in select instances). In addition, where required by law, Tipsy Lift Inc. will collect all applicable taxes. Any tips will be provided 100% to the applicable driver.

  • Facilitation of Payments. All Charges are facilitated through a third-party payment processing service. Tipsy Ryde may replace its third-party payment processing services without notice to you. Charges shall only be made through the Tipsy Ryde Application. Any / All Cash payments are prohibited and discouraged from our service.

  • No Refunds. Charges are assessed immediately following completion of the ride or delivery to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tipsy Ryde Application, any disruption to the Tipsy Ryde Application or Tipsy Ryde Services, or any other reason whatsoever.

  • Faulty Delivery Goods. Tipsy Ryde is not responsible for the condition of any goods purchased from a third party which you instructed us to collect on your behalf. Any matters relating to these goods are between you and the merchant where the goods were purchased. Tipsy Ryde accepts no liability or responsibility of the goods purchased on your behalf.

  • Promotions. Tipsy Ryde at its sole discretion, may make available promotions with different features to any of our Members or prospective Members. These promotions, unless made to you, shall have no bearing whatsoever on your EULA or relationship with Tipsy Ryde. Any promotional coupon or code that is used is applied at the discretion of Tipsy Ryde and you agree that while Tipsy Ryde will reduce your delivery or ride charge based on the monetary amount and / or discount value, all applicable 'Other Charges' will still apply and will be due to Tipsy Ryde upon completion of the transaction.

  • Credit Card Authorization. Upon addition of a new payment method or each ride request or delivery request, Tipsy Ryde may seek authorization of your selected payment method to verify your payment method, ensure the ride or delivery cost will be covered, and protect against any unauthorized behavior. The authorization, or "hold" 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 Non-Sufficient Funds (NSF) charges by the bank issuing your debit or check card. We are not responsible for these charges, and are unable to assist you in recovering them from your issuing bank. 

    • What is a pre-authorization hold? When you first start using Tipsy Ryde or add a new credit card, you may see an authorization hold of $1 on your card statement / bank account.

    • When is the authorization hold released? Tipsy Ryde will release the funds back into your account once your payment method is authorized.

  • As a driver, you will receive applicable Ride & Delivery Fees (net of Administrative Fee, as outlined below) and any tips provided by Members to you for the Services you provide. Tipsy Ryde will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Tipsy Ryde to set the prices on your behalf for all Charges that apply to the provision of Tipsy Ryde Services. Tipsy Ryde reserves the right to withhold all or a portion of Ride and or Delivery Fees if it believes that you have attempted to defraud or abuse Tipsy Ryde.

In exchange for permitting you to offer your Services through the Tipsy Ryde Application and marketplace as a Driver, you agree to pay (and permit Tipsy Ryde to retain) a fee of up to 30% (the "Administrative Fee") of the Ride Fees, Driver Fees & Delivery Zone paid by Members for such Services. The amount of the applicable Administrative Fee will be communicated to you in writing but is subject to change on a prospective basis at Tipsy Ryde’s discretion Tipsy Ryde, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Tipsy Lift Inc.

Current Fare & Fee structure charges for our Rideshare service of our App. Tipsy Lift Inc. has the right to change, modify, adapt or remove types without prior notice, and any updates will be shown here, and communicated to you via email / text message or app notification.

Your Information

Your Information is any information you provide, publish or post to or through the Tipsy Ryde Platform (including any profile information you provide) or send to other Users (including via in-application feedback, text, any email feature, or through any Tipsy Ryde-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 Tipsy Ryde Platform and participate in the Services. 

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.

You warrant and represent to us that you are the sole author of your Information. To enable the Tipsy Ryde Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, 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.  does not assert any ownership over your Information; rather, as between us and you, 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.

You are the sole Authorized User of your account. You are responsible for maintaining the confidentiality of any password provided by you or Tipsy Lift Inc. for accessing the Tipsy Ryde Platform. You are solely and fully responsible for all activities that occur under your User account, and Tipsy Ryde 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.

 Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cell number you provide to us. By consenting to being contacted by Tipsy Ryde, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or other methods and systems, which will deliver prerecorded messages sent by or on behalf of Tipsy Ryde, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Tipsy Ryde Platform or Services, updates concerning new and existing features on the Tipsy Ryde Platform, communications concerning promotions run by us or our third party partners, and news concerning Tipsy Ryde. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Tipsy Ryde Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Tipsy Ryde Platform or the Services.

Restricted Activities

With respect to your use of the Tipsy Ryde Platform and your participation in the 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, ordinance or regulation;

  4. interfere with or disrupt the Services or the Tipsy Ryde Platform or the servers or networks connected to the tipsy Ryde Platform;

  5. post Information or interact on the Tipsy Ryde Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;

  6. use the Tipsy Ryde Platform in any way that infringes any third party's rights, including but not limited to: 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 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 Tipsy Ryde Platform;

  9. "frame" or "mirror" any part of the Tipsy Ryde Platform, without our prior written authorization or use meta tags, ad words, or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;

  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tipsy Ryde Platform or any software used on or for the Tipsy Ryde Platform;

  11. rent, lease, lend, sell, redistribute, license or sublicense the Tipsy Ryde Platform or access to any portion of the Tipsy Ryde Platform or any portion of the Tipsy Ryde Platform or Application;

  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 Tipsy Ryde Platform or its contents;

  13. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;

  14. link directly or indirectly to any other web sites;

  15. transfer or sell your User account, password and/or identification to any other party; or

  16. cause any third party to engage in any restricted activity above

  17. We have the right without notice to ban a passenger from using T-Ryde services for any of the following: 1. inappropriate behavior, 2. No shows 3. Verbal misconduct 4) destruction of property 

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these procedures.

Zero-Tolerance Drug & Alcohol Policy

Tipsy Ryde has a zero-tolerance drug and alcohol policy for drivers. Neither open containers of alcohol nor illegal substances are permitted in a driver's vehicle at any time. If a passenger/member believes their driver is in violation of this policy, the passenger/member is instructed to request an immediate end to the ride. Riders are then instructed to report the violation to info@tipsyryde.com.

Upon receipt of a customer's complaint of a violation of the zero-tolerance policy, Tipsy Lift Inc. will immediately suspend the driver from the platform pending an investigation into the incident. If the driver is found to be in violation of Tipsy Ryde’s zero-tolerance policy, they will be permanently removed from the platform.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Tipsy Ryde PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Tipsy Ryde PLATFORM, THE 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 (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF Tipsy Ryde’s INSURANCE POLICIES REFERENCED AT WWW.getme.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE Tipsy Ryde PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

Release Statement

In the event that you have a dispute with one or more End Users, you agree to release Tipsy Lift Inc. (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other End Users or to your use of the Tipsy Ryde Platform or participation in the Tipsy Ryde Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Term and Termination

This Agreement is effective upon your creation of a User account, as amended by any modifications made by Tipsy Ryde. You may discontinue your use of the Tipsy Ryde Platform or participation in the Tipsy Ryde Services at any time, for any reason. We may suspend or deactivate your User account (either as a Driver and/or Member), or revoke your permission to access the Tipsy Ryde Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Tipsy Ryde Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. 

Agreement to Arbitrate All Disputes and Legal Claims

You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Tipsy Ryde Platform and/or the Tipsy Ryde Services, or the interpretation, enforceability, revocability, or validity of the Agreement), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND Tipsy Lift Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Driver Representations and Warranties

By providing Services as a Driver on the Tipsy Ryde Platform, you represent, warrant, and agree that:

  • You possess a valid driver's license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Members in all jurisdictions in which you provide Services.

  • You own, or have the legal right to operate, the vehicle you use when providing Services, 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.

  • You agree that you are an independent contractor and not an employee of Tipsy Ryde.

  • You agree that is your responsibility to maintain your vehicle at your own expense, including insurance, gas, and maintenance.

  • You are permitted to take any route in order to complete a job, and any map routes or offered by the Tipsy Ryde application are only suggestions.

  • You are compensated per job, and not on an hourly or salary basis.

  • You are permitted to determine your own work schedule, and accept any job offered on the platform at your own discretion.

  • You will only provide Services using the vehicle that has been accepted by Tipsy Ryde and for which a photograph has been taken / provided to Tipsy Ryde, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

  • You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Tipsy Ryde Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Tipsy Ryde’s insurance policies referenced on getme.com/insurance).

  • In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Tipsy Lift Inc. and your insurer in a timely manner, and for all necessary contacts with your insurance carrier. All communication should be sent to info@tipsyryde.com.

  • You will comply with all applicable laws, rules and regulations while providing Tipsy Ryde Services, and you will be solely responsible for any violations of such provisions.

  • You will pay all applicable federal, state and local taxes based on your provision of Tipsy Ryde Services and any payments received by you.

  • You may be required to pay Toll Charges during a Ride or Delivery, if this is part of your service, Tipsy Ryde at its discretion, will reimburse you back.

  • You will not make any misrepresentation regarding Tipsy Ryde, the Tipsy Ryde Platform, the Services or your status as a Go-Driver or, while providing the Tipsy Ryde Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly You will not attempt to defraud Tipsy Lift Inc. connection with your provision of Tipsy Ryde Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Tipsy Ryde Fees or other payments for the ride(s) or Delivery(s) in question.

  • You 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. You will make reasonable accommodation for service animals.

  • 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.

Driver Requirements 

  • Except for a voluntary gratuity offered by and accepted from a passenger via the Tipsy Ryde App, a driver shall not accept any form of compensation for transportation services from any person except Tipsy Lift Inc. with the exception of cash tips

  • While providing transportation services, a driver, except as authorized by Tipsy Lift Inc. or the Authority, shall not allow any other person within his or her motor vehicle unless that person is a passenger who is being transported for a fare or the guest of such a passenger or a designated Tipsy Ryde team driver

  • While on call, a Tipsy Ryde driver shall not exceed the lawful capacity of his or her motor vehicle or transport more passengers than the number of safety belts in the vehicle. Regardless of the lawful capacity of a motor vehicle or the number of safety belts in a vehicle, a tipsy Ryde driver shall not allow more than eight occupants, including the driver, in his or her motor vehicle at any one time while providing transportation services.

  • Tipsy Ryde drivers are prohibited to wait in any designated taxi lines.

  • Tipsy Ryde drivers are prohibited from accepting any cash for rides, the App must be used in all ride situations. Drivers can accept cash for tips

  • Tipsy Ryde are prohibited from giving any fare estimates to passengers/members. Request that the passenger member use the App for and see the "Estimate Fare" to determine the approximate fare range for their journey.

  • The Tipsy Ryde Identification badge worn as to identify themselves as the driver of the vehicle and associated job.

 

Contact Us (Complaints or Issues) to resolve a complaint regarding the Tipsy Ryde Platform, you should first contact our Customer Service Department through our support email at info@tipsyryde.com