Effective date: April 18, 2017
Service and Features
The Services include RYDAR – service application for rideshare drivers and website http://rydar.io/. The Services also provide information about popular places and events for drivers, information and alerts about Uber surge pricing, automatically generated pick-up spots, mileage and expenses tracker. You acknowledge that all the information is presented for informational purposes only and for the convenience of the user. You shall not rely solely on the information provided in the app and shall use your common sense and experience when using the Services.
You agree that you will not: (i) distribute the Services or make them available on a network of multiple devices simultaneously; (ii) sell, lend, resell, distribute, reproduce, modify, lease, publicly display, broadcast or otherwise exploit the Services unless granted a written permission by the Company; (iii) copy, reverse engineer, disassemble, modify or create derivatives of the Services unless to the extent permitted by applicable law; (iv) remove copyright, trademark or other proprietary rights on the Services; (v) attempt to receive unauthorized access or harm any aspect of the Services. If you violate any of the restrictions set forth in these Terms, you may be subject to prosecution and damages. All of the rights that are not expressly granted to you by these Terms remain the property of Bigz Holdings Ltd.
The Services are free to use for first two weeks after registration. During this period ("free trial") users have full access to the Services and do not have any active subscriptions or payment obligations. After the free trial expires, users lose access to the Services. To continue using the Services, users can choose one of the subscription options. Subscription is purchased through iTunes or Google Play and automatically renews unless auto-renew is turned off at least 24-hours before the end of the subscription period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. You can manage your subscription and turn off auto-renewal in your Account Settings after purchase.
The information provided by the Services shall not be considered as tax or legal advice. The information is provided solely for informational purposes. We recommend that you use official guidelines provided by the IRS and seed advice by a qualified tax professional to make sure you comply with all regulations.
Third Party Account Information
In order to use the Services you must register and create a user account. You may only use the Services if you are over 13 years old. If you are younger than 18 years, you need the approval of your parents or guardian to access the Services. You are responsible for providing true up-to-date personal information about yourself, including your name and email address. You are solely responsible for keeping your personal information complete, accurate and up-to-date. Your failure to do so may result in termination of your account.
Uber Driver Account
You are solely responsible for all content that you upload to the Services. All content uploaded by users remains your property but the Company receives worldwide, perpetual, irrevocable, transferable, royalty-free license to use, modify and distribute any User Content without further consent from users and without requirement of payment. You agree not to publish or upload any content that is illegal, unlawful, harmful, violating law or intellectual property rights, corrupted, disruptive, may damage the Services, users or third parties. The Company assumes no responsibility for User Content or behaviour but reserves the right to delete User Content violating these Terms.
Network and Devices
The Company does not guarantee that the Services will be available on all mobile devices. You are solely responsible for using the Services on compatible devices and for installing software updates required to properly use the Services. You are also responsible for obtaining data network access necessary to properly use the Services. The Company shall not be liable for any hardware or connection malfunctions that may influence your usage of the Services.
The Company owns all rights to the Services. Your use of the Services does not grant you any rights to the Services with the exception of the limited license granted above by these Terms. You may not use the name, logos, trademarks or other intellectual property that belongs to the Company.
The Company is solely responsible for maintenance and support of the Services. You hereby acknowledge that third parties including Apple Inc. and Google Inc. have no obligations regarding support and maintenance of the Services and are not responsible for addressing any claims relating to the Services.
Modification of Terms
You may terminate your account at any time by deleting the App from your mobile device and sending us a notification to firstname.lastname@example.org. By this notice, you may also request that we delete all User Content downloaded by you to the Services. We shall honor this request within reasonable time. The
the right to terminate the agreement with you, the Services or your account for any or no reason. Hereby you agree that the Company can discontinue the Services, your account or this agreement with or without a notice and shall not be liable for this termination to users or any third party.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY HEREBY DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE SUITABILITY, SAFETY, QUALITY, OR ABILITY OF THIRD PARTY PROVIDERS AND DOES NOT GUARANTEE THAT ERRORS WILL BE CORRECTED AND THAT THE SERVICES AND SERVERS OF THIRD PARTIES WILL BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT GUARANTEE THAT INFORMATION PROVIDED IN THE SERVICES IS CORRECT, ACCURATE AND UP-TO-DATE. ALL INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU HEREBY AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
You agree at your sole expense to hold the Company, its officers, directors, employees, agents, service providers and consultants harmless from any claims, losses, costs, demands, expenses and damages arising from your use or misuse of the Services, violation of these Terms, rights of other users or any third party and user content.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, CONTRACTORS, OFFICERS, EMPLOYEES, DIRECTORS OR THIRD PARTY PARTNERS BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS, BUSINESS OR COMMERCIAL DAMAGES AND LOSSES RELATED TO OR ARISING FROM YOUR USE OF THE SERVICES OR ANY INTERACTION WITH BIGZ HOLDINGS LTD., EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT SUCH LIMITATION OR EXCLUSION OF LIABILITIES. IN THIS CASE THE COMPANY'S TOTAL LIABILITY IN CONNECTION WITH LOSSES, DAMAGES AND CAUSES OF ACTION SHALL NOT EXCEED $50 (FIFTY US DOLLARS).
Any dispute between you and Bigz Holdings Ltd. where the total amount claimed does not exceed $10,000 (with the exception of claims for injunctive or other equitable relief) shall be settled via binding non-appearance based arbitration administered by the American Arbitration Association ("AAA"). The rules of AAA are available on the website www.adr.org or by calling the AAA at 1-800-778-7879. The parties shall notify each other 30 days before the arbitration and seek informal resolution of the claim. The arbitration shall be conducted in California, by a single arbitrator licensed to practice law in the state of California without personal appearance of the parties, by phone, online or be based on written submissions, unless otherwise requested by the arbitrator. The arbitrator may award injunctive or declaratory relief in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. These Terms shall not prevent either party from seeking remedies in small claims court of competent jurisdiction.