Last Updated: 24th February 2022
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Island Ride Ltd, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Island Ride,” “we,” “us” or “our”) governing your use of the Island Ride application (the “Island Ride App”), website, and technology platform (collectively, the “Island Ride Platform”).
By entering into this Agreement, and/or by using or accessing the Island Ride Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE ISLAND RIDE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE ISLAND RIDE PLATFORM.
The Island Ride Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Driving Services.” As a User, you authorize Island Ride to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Driving Services is a decision made in such User’s sole discretion. Each Driving Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Island Ride reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Island Ride Platform or Driving Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Island Ride Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Island Ride Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Island Ride Platform, each User shall create a User account. Each person may only create one User account, and Island Ride reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Island Ride programs and use of certain Island Ride products or services may be subject to additional eligibility requirements as determined by Island Ride.
By becoming a User, you represent and warrant that you are at least 18 years old.
As a Rider, you understand that request or use of Driving Services may result in charges to you (“Charges”). Charges for Driving Services include Fares and other applicable fees and surcharges, plus any tips to the Driver that you elect to pay. Island Ride has the authority and reserves the right to determine and modify pricing or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., economy, extra seats, luxury) as described in the App. You are responsible for reviewing the applicable pricing page or price quote within the Island Ride App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of Fares, variable and quoted.
Fees and Other Charges.
If you are a Driver, offering services on behalf of a third-party company(employer) that has authorized you to do so within the Island Ride Platform, then that company will receive payment for the Services offered and you are subject to the terms and conditions of your employment agreement with that company. If you are a Driver, that works independently for yourself (not employed by a third-party company) then you will receive payment for your provision of Services.
All Fare payments are subject to an Island Ride Commission. You will also receive any tips provided by Users to you, and tips will not be subject to any Island Ride Commission. Island Ride 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.
By entering into this Agreement or using the Island Ride Platform, you agree to receive communications from us or communications related to the Island Ride Platform at any of the phone numbers provided to Island Ride by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Island Ride, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Island Ride Platform or Driving Services, updates concerning new and existing features on the Island Ride Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Island Ride and industry developments. If you change or deactivate the phone number you provided to Island Ride, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE ISLAND RIDE PLATFORM OR RELATED SERVICES. HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE ISLAND RIDE PLATFORM OR RELATED SERVICES.
Island Ride, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Island Ride. Island Ride reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Island Ride determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Island Ride reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
With respect to your use of the Island Ride Platform and your participation in the Driving Services, you agree that you will not:
Fares. There are two types of Fares, variable and quoted.
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Island Ride Platform or the servers or networks connected to the Island Ride Platform;
post Information or interact on the Island Ride Platform or Driving Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Island Ride Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Island Ride Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Island Ride Platform;
“frame” or “mirror” any part of the Island Ride Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Island Ride Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Island Ride Platform or access to any portion of the Island Ride Platform;
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 Island Ride Platform or its contents;
link directly or indirectly to any other websites;
transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
discriminate against 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;
violate any of the Referral Program rules if you participate in the Referral Program; or
cause any third party to engage in the restricted activities above.
By providing Driving Services as a Driver on the Island Ride 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 Riders in all jurisdictions in which you provide Driving Services.
You own, or have the legal right to operate, the vehicle you use when providing Driving Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and local department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Driving Services, provide Driving Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Island Ride community or third parties.
You will only provide Driving Services using the vehicle that has been reported to, and approved by Island Ride, and for which a photograph has been provided to Island Ride, and you will not transport more passengers than can securely be seated in such vehicle.
You will not, while providing the Driving Services, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Island Ride or Riders on the Island Ride Platform or in connection with your provision of Driving Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities and will make reasonable accommodation as required by law for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the vehicle’s trunk or backseat.
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.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Driving Services.
You will pay all applicable local duties and fees based on your provision of Driving Services and any payments received by you.
All intellectual property rights in the Island Ride Platform shall be owned by Island Ride absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Island Ride Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Island Ride. Island Ride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Island Ride and other Island Ride logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Island Ride in the Cayman Islands and/or other countries (collectively, the “Island Ride Marks”). If you provide Driving Services as a Driver, Island Ride grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Island Ride Marks solely on the Island Ride stickers/decals, and any other Island Ride-branded items provided by Island Ride directly to you in connection with providing the Driving Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Island Ride’s prior written permission, which it may withhold in its sole discretion. The Island Ride logo (or any Island Ride Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of an Island Ride Mark in a domain name or Island Ride referral code, or use of an Island Ride Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Island Ride Platform, but may not misidentify yourself as Island Ride, an employee of Island Ride, or a representative of Island Ride.
You acknowledge that Island Ride is the owner and licensor of the Island Ride Marks, including all goodwill associated therewith, and that your use of the Island Ride logo (or any Island Ride Marks) will confer no interest in or ownership of the Island Ride Marks in you but rather inures to the benefit of Island Ride. You agree to use the Island Ride logo strictly in accordance with Island Ride’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Island Ride determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Island Ride Marks or any derivatives of the Island Ride Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Island Ride in writing; (2) use the Island Ride Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Island Ride Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Island Ride’s rights as owner of the Island Ride Marks or the legality and/or enforceability of the Island Ride Marks, including, challenging or opposing Island Ride’s ownership in the Island Ride Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Island Ride Marks, any derivative of the Island Ride Marks, any combination of the Island Ride Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Island Ride Marks; (5) use the Island Ride Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Island Ride Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Island Ride.
Violation of any provision of this License may result in immediate termination of the License, in Island Ride’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Island Ride Marks (in violation of this Agreement or otherwise), you agree that upon their creation Island Ride exclusively owns all right, title and interest in and to such materials, including any modifications to the Island Ride Marks or derivative works based on the Island Ride Marks or Island Ride copyrights. You further agree to assign any interest or right you may have in such materials to Island Ride, and to provide information and execute any documents as reasonably requested by Island Ride to enable Island Ride to formalize such assignment.
The following disclaimers are made on behalf of Island Ride, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Island Ride does not provide transportation services, and Island Ride is not a transportation carrier. Island Ride is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Island Ride Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Island Ride Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Driving Services.
The Island Ride Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Island Ride Platform and/or the Driving Services, including the ability to provide or receive Driving Services at any given location or time. Island Ride reserves the right, for example, to limit or eliminate access to the Island Ride Platform for Driving Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Island Ride Platform or Driving Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Island Ride Platform will be corrected, or that the Island Ride Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Island Ride Platform or Driving Services.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the Island Ride Platform and Driving Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Island Ride Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Island Ride is not responsible for the conduct, whether online or offline, of any User of the Island Ride Platform or Driving Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Island Ride Platform and participating in the Driving Services, you agree to accept such risks and agree that Island Ride is not responsible for the acts or omissions of Users on the Island Ride Platform or participating in the Driving Services.
You are responsible for the use of your User account and Island Ride 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.
It is possible for others to obtain information about you that you provide, publish or post to or through the Island Ride Platform (including any profile information you provide), send to other Users, or share during the Driving Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Island Ride Platform or through the Driving Services. Please carefully select the type of information that you post on the Island Ride Platform or through the Driving Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Island Ride or made available through the Island Ride Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Island Ride Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Island Ride Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Island Ride Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Island Ride, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Island Ride Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Island Ride Platform may be accessible to Island Ride and certain Users of the Island Ride Platform.
Island Ride advises you to use the Island Ride Platform with a data plan with unlimited or very high data usage limits, and Island Ride shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Island Ride Platform.
This paragraph applies to any version of the Island Ride Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Island Ride. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Island Ride Platform. Island Ride, not Apple, is solely responsible for the Island Ride Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Island Ride shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
You will defend, indemnify, and hold Island Ride including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Island Ride Platform and participation in the Driving Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Island Ride Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Driving Services as a Driver; and/or (5) any other activities in connection with the Driving Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL ISLAND RIDE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “ISLAND RIDE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE ISLAND RIDE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE ISLAND RIDE PLATFORM, DRIVING 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. THE ISLAND RIDE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT ISLAND RIDE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT.
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Island Ride; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Island Ride may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Driving Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Island Ride’s star rating or cancellation threshold; (3) Island Ride has the good faith belief that such action is necessary to protect the safety of the Island Ride community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Island Ride’s reasonable satisfaction prior to Island Ride permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Island Ride’s satisfaction, this Agreement will not be permanently terminated.
(a) Agreement to Binding Arbitration Between You and Island Ride.
YOU AND ISLAND RIDE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”),shall use The Arbitration Law, 2012 of the Cayman Islands to govern the arbitration. This Arbitration Agreement survives after the Agreement terminates or your relationship with Island Ride ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Island Ride, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND ISLAND RIDE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Island Ride Platform, the Driving Services, Island Ride promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Island Ride Platform, your relationship with Island Ride, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Island Ride’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Island Ride, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under consumer protection laws; All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND ISLAND RIDE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND ISLAND RIDE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND ISLAND RIDE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claims, the class, collective, and/ or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Rules Governing the Arbitration
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the International Chamber of Commerce (“ICC”) pursuant to its procedural rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement.
As part of the arbitration, both you and Island Ride will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(d) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant laws of the Cayman Islands.
(e) Location of Arbitration.
Any arbitration hearings between Island Ride and a Driver/Rider will take place in the Cayman Islands.
Except as otherwise provided in the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Island Ride may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Island Ride. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Island Ride’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Island Ride for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Island Ride Platform any User Information obtained from the Island Ride Platform. As a Driver, you understand that some of Rider Information you receive may be protected by confidentiality laws. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider. You understand that any violation of the Agreement’s confidentiality provisions may violate confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Island Ride in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Island Ride with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Island Ride or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Island Ride; becomes known to you, without restriction, from a source other than Island Ride without breach of this Agreement by you and otherwise not in violation of Island Ride’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Island Ride to enable Island Ride to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the Island Ride Platform, you acknowledge and agree that you and Island Ride are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Island Ride expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Island Ride; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Island Ride, and you undertake not to hold yourself out as an employee, agent or authorized representative of Island Ride.
Island Ride does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Driving Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Island Ride Platform. Island Ride does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Island Ride Platform. You retain the option to accept or to decline or ignore a Rider’s request for Driving Services via the Island Ride Platform, or to cancel an accepted request for Driving Services via the Island Ride Platform, subject to Island Ride’s then-current cancellation policies. Island Ride does not, and shall not be deemed to, require you to accept any specific request for Driving Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Island Ride shall have no right to require you to: (a) display Island Ride’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Island Ride’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Driving Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Driving Services to other companies, and that Island Ride does not, and shall not be deemed to, restrict you from engaging in any such activity.
This Agreement shall be governed and constructed in accordance with the laws of the Cayman Islands. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Island Ride, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Island Ride shall be given by certified mail, postage prepaid and return receipt requested to Island Ride Ltd, P.O. Box 298, George Town, Grand Cayman, Cayman Islands, KY1-1104. Any notices to you shall be provided to you through the Island Ride Platform or given to you via the email address or physical location you provide to Island Ride during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Island Ride with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Island Ride Platform or Driving Services, please contact us at firstname.lastname@example.org