Legal

We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the CoolRyds Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the CoolRyds Platform or the Services.

The CoolRyds Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law.

As a Rider, you agree that any amounts charged following a ride (a “Charge”) are due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, plus any tips to the Driver that you elect to pay.

As a Driver, you will receive applicable Ride Fees (net of CoolRyds’ Administrative Fee, as discussed below) and any tips provided by Riders to you for the Services you provide. CoolRyds will process all payments due to you through its third party payments processor. You expressly authorize CoolRyds to set the prices on your behalf for all Charges that apply to the provision of Services. CoolRyds reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse CoolRyds or CoolRyds’ payment systems.

In exchange for permitting you to offer your Services through the CoolRyds Platform and marketplace as a Driver, you agree to pay CoolRyds (and permit CoolRyds to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. CoolRyds reserves the right to change the Administrative Fee at any time in CoolRyds’ discretion 
based upon local market factors, and CoolRyds will provide you with notice in the event of such change. Continued use of the CoolRyds Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.

CoolRyds, 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 CoolRyds.

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 cellular telephone number you provided to us.

Your Information is any information you provide, publish or post to or through the CoolRyds Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any CoolRyds-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 CoolRyds Platform and participate in the Services. Our collection and use of personal information in connection with the CoolRyds Platform and Services is as provided in CoolRyds’ Privacy Policy.

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 CoolRyds 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. CoolRyds 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 CoolRyds for accessing the CoolRyds Platform. You are solely and fully responsible for all activities that occur under your User account, and CoolRyds 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.

As part of the functionality of the CoolRyds Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the CoolRyds Platform or allowing CoolRyds to access your SNS Account. By granting CoolRyds access to any SNS Accounts, you understand that CoolRyds may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the CoolRyds Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on theprivacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the CoolRyds Platform.

With respect to your use of the CoolRyds Platform and your participation in the Services, you agree that you will not:

• Impersonate any person or entity;
• Stalk, threaten, or otherwise harass any person, or carry any weapons;
• Violate any law, statute, ordinance or regulation
• Interfere with or disrupt the Services or the CoolRyds Platform or the servers or networks connected to the CoolRyds Platform;
• Post Information or interact on the CoolRyds 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;
• Use the CoolRyds 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;
• 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;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the CoolRyds Platform;
• “Frame” or “mirror” any part of the CoolRyds 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; or
• Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the CoolRyds Platform or any software used on or for the CoolRyds Platform;
• Rent, lease, lend, sell, redistribute, license or sublicense the CoolRyds Platform or access to any portion of the CoolRyds 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 CoolRyds Platform or its contents;
• Create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
• Ink directly or indirectly to any other web sites;
• Transfer or sell your User account, password and/or identification to any other party; or
• Cause any third party to engage in the restricted activities above.
• We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

All intellectual property rights in the CoolRyds Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to 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 CoolRyds 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 CoolRyds. CoolRyds 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.

CoolRyds, the CoolRyds logos, designs, graphics, icons, scripts and service names are trademarks, trademarks or trade dress of CoolRyds (collectively, the “CoolRyds Marks”). If you provide Services as a Driver, CoolRyds 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 CoolRyds Marks solely in connection with providing the Services through the CoolRyds Platform (“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 CoolRyds’ prior written permission, which it may withhold in its sole discretion. The CoolRyds Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that CoolRyds is the owner and licensor of the CoolRyds Marks, and that your use of the CoolRyds Marks will confer no additional interest in or ownership of the CoolRyds Marks in you but rather inures to the benefit of CoolRyds. You agree to use the CoolRyds Marks strictly in accordance with CoolRyds’ Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that CoolRyds determines to nonconforming or otherwise unacceptable.

You agree that you will not:

• Create any materials that incorporate the CoolRyds Marks or any derivatives of the CoolRyds Marks other than as expressly approved by CoolRyds in writing;
• Use the CoolRyds Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the CoolRyds Marks other than in accordance with the terms, conditions and restrictions herein;
• Take any other action that would jeopardize or impair CoolRyds’ rights as owner of the CoolRyds Marks or the legality and/or enforceability of the CoolRyds Marks, including, without limitation, challenging or opposing CoolRyds’ ownership in the CoolRyds Marks;
• Apply for trademark registration or renewal of trademark registration of any of the CoolRyds Marks, any derivative of the CoolRyds Marks, any combination of the CoolRyds Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the CoolRyds Marks;
• Use the CoolRyds Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
• Violation of any provision of this License may result in immediate termination of the License, in CoolRyds’ sole discretion. If you create any materials bearing the CoolRyds Marks (in violation of this Agreement or otherwise), you agree that upon their creation CoolRyds exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the CoolRyds Marks or derivative works based on the CoolRyds Marks. You further agree to assign any interest or right you may have in such materials to CoolRyds, and to provide information and execute any documents as reasonably requested by CoolRyds to enable CoolRyds to formalize such assignment.

• The following disclaimers are made on behalf of CoolRyds, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
• The CoolRyds 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 CoolRyds Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
• We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permissible by applicable law.
• We do not warrant that your use of the CoolRyds Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the CoolRyds Platform will be corrected, or that the CoolRyds 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 CoolRyds Platform or Services.
• We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
• We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the CoolRyds Platform and 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 CoolRyds 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.
• CoolRyds is not responsible for the conduct, whether online or offline, of any User of the CoolRyds Platform or 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 CoolRyds Platform and participating in the Services, you agree to accept such risks and agree that CoolRyds is not responsible for the acts or omissions of Users on the CoolRyds Platform or participating in the Services.
• It is possible for others to obtain information about you that you provide, publish or post to or through the CoolRyds Platform (including any profile information you provide), send to other Users, or share during the 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 CoolRyds Platform or through the Services. Please carefully select the type of information that you post on the CoolRyds Platform or through the 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 made available through the CoolRyds 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 on the CoolRyds Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the CoolRyds 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.
• The CoolRyds Platform contains (or you may be sent through the CoolRyds Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the CoolRyds Platform.
• Location data provided by the CoolRyds 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 CoolRyds, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the CoolRyds Platform. Any of your Information, including geolocational data, you upload, provide, or post on the CoolRyds Platform may be accessible to CoolRyds and certain Users of the CoolRyds Platform.
• This paragraph applies to any version of the CoolRyds Platform that you acquire from the Apple App Store. This Agreement is entered into between you and CoolRyds. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the CoolRyds Platform. CoolRyds, not Apple, is solely responsible for the CoolRyds 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 the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, 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.

• Your breach of this Agreement or the documents it incorporates by reference;
• Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
• Any allegation that any materials that you submit to us or transmit through the CoolRyds Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party
• Your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
• Any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

In the event that you have a dispute with one or more Users, you agree to release CoolRyds (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 Users or to your use of the CoolRyds Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users

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 CoolRyds Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration.

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to CoolRyds’ business, operations and properties, including User information (“Confidential Information”) disclosed to you by CoolRyds 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. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of CoolRyds in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to CoolRyds with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by CoolRyds 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 CoolRyds; becomes known to you, without restriction, from a source other than CoolRyds without breach of this Agreement by you and otherwise not in violation of CoolRyds’ 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 CoolRyds to enable CoolRyds to seek a protective order or otherwise prevent or restrict such disclosure.

You and CoolRyds are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed by the laws of Jamaica. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CoolRyds, in our sole discretion in accordance with the “Notices” section of this Agreement. 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 CoolRyds with respect to the subject matter hereof.

CoolRyds is dedicated to protecting Your personal information and informing You about how We use it. This privacy policy applies to transactions and activities and data gathered through the CoolRyds Platform. Each time You use the CoolRyds Platform or provide Us with information, by doing so You are accepting the practices described in this privacy policy at that time.
Choose to redirectLegalPrivacy policy

• We use Your email address and Your other personal information to help Us efficiently operate the CoolRyds Platform, to contact You in connection with Your transactions and other activities on the CoolRyds Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with CoolRyds), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
• To operate the CoolRyds Platform, including processing Your transactions and supporting Your activities on the CoolRyds Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
• By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the CoolRyds Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the CoolRyds Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
• Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.

To preserve the integrity of Our databases, standard procedure calls for Us to retain information submitted by members for an indefinite length of time. CoolRyds understands Your submissions as consent to store all Your information in one place for this indefinite length of time, if We so wish. Also, by using the CoolRyds Platform, You do hereby represent and warrant that You understand and agree that all information submitted by You through the CoolRyds Platform or otherwise to CoolRyds becomes the property of CoolRyds and may be used in the sole discretion of CoolRyds in accordance with this Privacy Policy and the Terms of Use.

CoolRyds provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. CoolRyds gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service

Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of CoolRyds or other visitors to the CoolRyds Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control. Whenever personal information is disclosed under this paragraph, We may also disclose Your demographic information along with it, on a non-anonymous basis. All of Our parent, subsidiary and affiliated legal entities and businesses that receive Your personal information or non-anonymous demographic information from Us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

• Your CoolRyds Profile is password-protected so that only You and authorized CoolRyds employees have access to Your account information. If You have registered for CoolRyds using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. CoolRyds staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your CoolRyds account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties
• The CoolRyds Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the CoolRyds Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the CoolRyds Platform.