Section 1. TERMS AND CONDITIONS
- By using the HOVIT App you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. This includes any loss or damage to you, your vehicle, or to anyone else that occurs in connection with a Ride. You agree not to attempt to impose liability on or seek any legal remedy from HOVIT with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the App regarding any bookings or Ride listings made by you. This limitation shall not apply to any claim by a Driver against HOVIT regarding the remittance of payments received from a Passenger by HOVIT on behalf of a Driver, which instead shall be subject to the limitations described in the section entitled "Limitation of Liability".
- If you choose to use the App, you do so at your sole risk. You acknowledge and agree that HOVIT does not have an obligation to conduct background or Police checks on any Member, but may conduct such background or Police checks in its sole discretion.
- You understand that HOVIT does not make any attempt to verify the statements of Members on the App or to review or inspect any vehicle or Driver.
- You agree to take reasonable precautions in all communications and interactions with other Members of the App and in deciding whether to enter a vehicle. Chariot explicitly disclaims all liability for any act or omission of any Driver or Passenger or other third party.
- Drivers are not employees of, or contractors to, HOVIT. Drivers do not provide any services to us, and nothing in these terms or the App will constitute any trust, joint venture, partnership, agency or arrangement between any Driver(s) and HOVIT.
Section 2. LIMITATION OF LIABILITY
- In relation to the App HOVIT we will not be liable for any losses, costs, expenses or liabilities of whatever nature and howsoever arising, unless they arise as a direct result of:
You are solely liable for all activity that takes place on the HOVIT App in your name, even if you comply with these Terms and do not participate in or condone the activity.
You are liable for any costs charged by your internet service provider, including any data connection costs charged in connection with your download or use of the App.
You are solely responsible for ensuring that the information you provide to us when setting up, amending, accepting or completing Rides is accurate. We accept no liability for the accuracy of the information you or any other Member supplies to us when setting up, amending, accepting or completing Rides.
Neither of us will be liable to the other for any indirect or consequential loss or damage arising out of you using or accessing the App. Subject to this, you indemnify and will keep indemnified HOVIT against all loss or damage suffered or incurred by HOVIT arising in connection with your use of the App, any breach of these Terms or otherwise.
Except for our obligations to pay any amount to applicable Drivers under these Terms, HOVIT maximum aggregate liability for any loss or damage suffered incurred by you arising in connection with your use of the App or otherwise will be 100$ until full investigation has taken place by DMS Insurance.
HOVIT gives no warranties as to the performance, reliability or availability of the App at any time. To the fullest extent permitted at law, the App is provided without warranty of any kind.
- any material breach of these Terms by us; or
- any gross negligence, willful default, fraud, or dishonesty on our part.
Section 3. REPORTING MISCONDUCT.
- If you share a Ride anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who:
- appears to be driving under the influence of alcohol or drugs;
- appears in any way to be unfit to drive;
- engages in offensive, violent or sexually inappropriate behavior; or
- engages in any other disturbing conduct, you should immediately report that person to the appropriate authorities and then to HOVIT by contacting us on email@example.com with your police report number (where applicable) provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Section 4. COMPLAINTS
- As a Passenger, in the event that you have any complaint or issue with a Ride such that you wish to seek a refund from the Driver for that Ride you must immediately contact us on firstname.lastname@example.org or 800-915-7834. We may attempt to help you and the relevant Driver resolve the issue. All claims will be handled through DMS Insurance.
- You will only be entitled to a refund of the Service Fees if there is a fault with the App and we are required by law to provide a refund. Recovery of any Ride Contribution already paid to a Driver in respect of a Ride is a matter for the Passenger and Driver personally.
- If you have any comments or complaints about the App itself, or about any action by us, please contact us email@example.com or 800-915-7834.
Section 5. UPDATES
- We may make changes to these Terms from time to time - the updated Terms will apply from the time that they are made available to you via the App. If you do not agree to any change we make, you must stop using the App and the Website immediately.