Smart Travel Technologies, Inc.
Terms of Service
Last Updated: April 30, 2020
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Smart Technologies, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “SmartTT,” “we,” “us” or “our”) governing your use of the Smart Travel Technologies Inc. applications, website, and technology platform (collectively, the “SmartTT Ride Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND Smarttt CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Smarttt TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, and/or by using or accessing the SmartTT Ride Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) 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 Smarttt ride PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE smarttt RIDE PLATFORM. If you use the SmartTT Ride Platform in another country, you agree to be subject to Smart Travel Technologies, Inc.’s terms of service for that country.
1. The SmartTT Ride Platform
The SmartTT Ride Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such 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 "SmartTT Drive Services." As a User, you authorize Smart Travel Technologies, Inc. to match you with a Driver or Rider based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept SmartTT Drive Services is a decision made in such User’s sole discretion.
2. Modification to the Agreement
Smart Travel Technologies, Inc. reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. SmartTT Ride reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the SmartTT Ride Platform or SmartTT Drive 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 SmartTT Ride Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The SmartTT 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 SmartTT Ride Platform, each User shall create a User account. Each person may only create one User account, and Smart Travel Technologies Inc. reserves the right to deactivate any additional or duplicate accounts.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a Smart Travel Technologies, Inc. account for such minor to use the SmartTT Ride Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the SmartTT Ride Platform is limited solely to accessing and using services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you ensure that the minor’s use of the SmartTT Ride Platform and applicable services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the SmartTT Ride App and SmartTT Drive App, (c) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (d) you expressly guarantee the minor’s acceptance of the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
By creating a SmartTT Ride account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the SmartTT Ride Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
As a rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s SmartTT Cities page (www.smartttrides.com), plus any tips to the Driver that you elect to pay. Smart Travel Technologies, Inc. has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s SmartTT Cities page 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 on your market’s SmartTT Cities page. You are responsible for reviewing the applicable SmartTT Cities page or price quote within the SmartTT 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.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases Smart Travel Technologies, Inc. may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the SmartTT Ride Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Smart Travel Technologies, Inc. does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
Fees and Other Charges.
- Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable SmartTT Ride page.
- Prime Time. At times of high demand for SmartTT Drive Services ("Prime Time”) SmartTT drive will not increase ride fares due to hight demand.
- Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about SmartTT cancellation policy, including applicable fees.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Smart Travel Technologies Inc. in its sole discretion), towards vehicle repair or cleaning. Smart Travel Technologies, Inc. reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your market’s SmartTT Cities page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by Smart Travel Technologies, Inc. will match the toll charged to the Driver, if any.
- Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by Smart Travel Technologies, Inc. or its marketing partners. In addition, where required by law Smart Travel Technologies Inc. will collect applicable taxes. See your market's SmartTT Cities page for details on other Charges that may apply to your ride.
- Tips. Following a ride, you may elect to tip your Driver in cash or through the SmartTT Drive application. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Driver.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Smart Travel Technologies, Inc. may replace its third-party payment processor without notice to you. Charges shall only be made through the SmartTT Ride Platform. With the exception of tips, cash payments are accepted for some drivers. Your payment of Charges to Smart Travel Technologies, Inc. satisfies your payment obligation for your use of the SmartTT Ride Platform and SmartTT Drive Services. Smart Travel Technologies, Inc. may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the SmartTT Ride Platform, any disruption to the SmartTT Ride Platform or SmartTT Drive Services, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the SmartTT Ride Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Smart Travel Technologies Inc. may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the SmartTT Ride App and SmartTT Drive.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, Smart Travel Technologies, Inc. may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization 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 NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.
If you are a Driver, you will receive payment for your provision of SmartTT Drive Services pursuant to the terms of the Driver Agreement between you and Smart Travel Technologies, Inc..
If you are a Rider, you will receive a rebate after every ride according to the Rider terms agreement between you and Smart Travel technologies, Inc.
6. Smart Travel Technologies, Inc. Communications
By entering into this Agreement or using the SmartTT Ride Platform, you agree to receive communications from us, 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 Smart Travel Technologies, Inc., its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the SmartTT Ride Platform or SmartTT Drive Services, through the SmartTT Ride Platform, updates concerning new and existing features on the SmartTT Ride Platform, communications concerning promotions run by us or our third-party partners, and news concerning Smart Travel Technologies, Inc. and industry developments. 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. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE smarttt ride PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM SMART TRAVEL TECHNOLOGIES, INC. (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE smarttt ride PLATFORM OR RELATED SERVICES.
7. Your Information
8. Promotions, Referrals, and Loyalty Programs
Smart Travel Technologies, Inc., 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 Smart Travel Technologies, Inc.. Smart Travel Technologies, Inc. reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Smart Travel Technologies, Inc. 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. Smart Travel Technologies, Inc. reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, Smart Travel Technologies, Inc.'s referral program ("Referral Program") provides you with incentives to refer your friends and family to become new Users of the SmartTT Ride Platform in your country (the “Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
9. Restricted Activities
With respect to your use of the SmartTT Ride Platform and your participation in the SmartTT Drive 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, rule, permit, ordinance or regulation;
- interfere with or disrupt the SmartTT Ride Platform or the servers or networks connected to the SmartTT Ride Platform;
- post Information or interact on the SmartTT Ride Platform or SmartTT Drive Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the SmartTT 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 SmartTT 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 SmartTT Ride Platform;
- “frame” or “mirror” any part of the SmartTT 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 SmartTT Ride Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the SmartTT Ride Platform or access to any portion of the SmartTT 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 SmartTT Ride Platform or its contents;
- link directly or indirectly to any other web sites;
- 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.
10. Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the SmartTT 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 Rideshare Services.
- You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; 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; and any and all applicable safety recalls have been remedied per manufacturer instructions.
- 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 Rideshare Services, Rideshare provide 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 Smart Travel Technologies Inc. community or third parties.
- You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Smart Travel Technologies, Inc., and for which a photograph has been provided to Smart Travel Technologies, Inc., 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 not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, 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, such as a Square 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 Smart Travel Technologies, Inc. or Riders on the SmartTT Ride Platform or in connection with your provision of Rideshare 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 agree to review Smart Travel Technologies Inc.´s Anti-Discrimination Policies. You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy 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 car'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 Rideshare Services.
- You will pay all applicable federal, state and local taxes based on your provision of SmartTT Drive Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the SmartTT Ride Platform shall be owned by Smart Travel Technologies, Inc. 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 SmartTT 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 Smart Travel Technologies, Inc. Smart Travel Technologies, Inc. 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.
SmartTT Ride and other Smart Travel Technologies, Inc. logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Smart Travel Technologies, Inc. in the United States and/or other countries (collectively, the “SmartTT Marks”). If you provide Rideshare Services as a Driver, Smart Travel Technologies, Inc. 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 SmartTT Marks solely on the SmartTT stickers/decals, SmartTT Amp, and any other SmartTT-Branded items provided by Smart Travel Technologies, Inc. directly to you in connection with providing the Rideshare 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 Smart Travel Technologies, Inc.’s prior written permission, which it may withhold in its sole discretion. The Smart Travel Technologies, Inc. logo (or any SmartTT Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a SmartTT Mark in a domain name or SmartTT referral code, or use of a Smart Travel Technologies, Inc. Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the SmartTT Ride Platform, but may not misidentify yourself as SmartTT Ride, an employee of Smart Travel Technologies, Inc., or a representative of Smart Travel Technologies, Inc.
You acknowledge that Smart Travel Technologies, Inc. is the owner and licensor of the SmartTT Marks, including all goodwill associated therewith, and that your use of the SmartTT logo (or any SmartTT Marks) will confer no interest in or ownership of the SmartTT Marks in you but rather inures to the benefit of Smart Travel Technologies, Inc. You agree to use the Smart Travel Technologies, Inc. logo strictly in accordance with Smart Travel Technologies, Inc.’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Smart Travel Technologies, Inc. determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the SmartTT Marks or any derivatives of the SmartTT Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Smart Travel Technologies, Inc. in writing; (2) use the SmartTT Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the SmartTT Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Smart Travel Technologies, Inc.’s rights as owner of the SmartTT Marks or the legality and/or enforceability of the SmartTT Marks, including, challenging or opposing Smart Travel Technologies, Inc.’s ownership in the SmartTT Marks; (4) apply for trademark registration or renewal of trademark registration of any of the SmartTT Marks, any derivative of the SmartTT Marks, any combination of the SmartTT Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the SmartTT Marks; (5) use the SmartTT 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 SmartTT driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic SmartTT driver amps or other SmartTT Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Smart Travel Technologies, Inc.
Violation of any provision of this License may result in immediate termination of the License, in Smart Travel Technologies, Inc.’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 SmartTT Marks (in violation of this Agreement or otherwise), you agree that upon their creation Smart Travel Technologies, Inc. exclusively owns all right, title and interest in and to such materials, including any modifications to the SmartTT Marks or derivative works based on the SmartTT Marks or Smart Travel Technologies, Inc. copyrights. You further agree to assign any interest or right you may have in such materials to Smart Travel Technologies, Inc., and to provide information and execute any documents as reasonably requested by Smart Travel Technologies, Inc. to enable Smart Travel Technologies, Inc. to formalize such assignment.
Smart Travel Technologies, Inc. respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the SmartTT Ride Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of Smart Travel Technologies, Inc., our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Smart Travel Technologies, Inc. does not provide transportation services, and Smart Travel Technologies, Inc. is not a transportation carrier. Smart Travel Technologies, Inc. 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 SmartTT Ride Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the SmartTT 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 Rideshare Services.
The SmartTT 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 SmartTT Ride Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the SmartTT Ride Platform or SmartTT Drive Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the SmartTT Ride Platform will be corrected, or that the SmarTT 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 SmartTT Ride Platform or SmartTT Drive Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the SmartTT Ride Platform and SmartTT Drive 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 SmartTT 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.
Smart Travel Technologies, Inc. is not responsible for the conduct, whether online or offline, of any User of the SmartTT Ride Platform or SmartTT Drive 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 SmartTT Ride Platform and participating in the SmartTT Drive Services, you agree to accept such risks and agree that Smart Travel Technologies, Inc. is not responsible for the acts or omissions of Users on the SmartTT Ride Platform or participating in the SmartTT Drive Services.
You are responsible for the use of your User account and Smart Travel Technologies, Inc. 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 SmartTT Ride Platform (including any profile information you provide), send to other Users, or share during the SmartTT Ride 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 SmartTT Ride Platform or through the SmartTT Drive Services. Please carefully select the type of information that you post on the SmartTT Ride Platform or through the SmartTT Ride 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 Smart Travel Technologies, Inc. or made available through the SmartTT 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 SmartTT Ride Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the SmartTT 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 SmartTT 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 Smart Travel Technologies, Inc., nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SmartTT Ride Platform. Any of your Information, including geolocational data, you upload, provide, or post on the SmartTT Ride Platform may be accessible to Smart Travel Technologies, Inc. and certain Users of the SmartTT Ride Platform.
Smart Travel Technologies, Inc. advises you to use the SmartTT Ride Platform with a data plan with unlimited or very high data usage limits, and Smart Travel Technologies, Inc. shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the SmartTT Ride Platform.
This paragraph applies to any version of the SmartTT Ride Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Smart Travel Technologies, Inc.. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the SmartTT Ride Platform. Smart Travel Technologies Inc., not Apple, is solely responsible for the SmartTT 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.
13. State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.smartttride.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Smart Travel Technologies, Inc. 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 SmartTT Ride Platform and participation in the SmartTT Drive 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 SmartTT 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 SmartTT Drive Services as a Driver; and/or (5) any other activities in connection with the SmartTT Drive Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15. Limitation of Liability
IN NO EVENT WILL SMART TRAVEL TECHNOLOGIES, INC., INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SmartTT” 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 smarttt ride PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE smarttt ride PLATFORM, THE RIDESHARE 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 smarttt ride PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SMART TRAVEL TECHNOLOGIES, INC. 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 THIS AGREEMENT. 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.
16. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Smart Travel Technologies, Inc.; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Smart Travel Technologies, Inc. may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide SmartTT Drive Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Smart Travel Technologies, Inc.’s star rating or cancellation threshold; (3) Smart Travel Technologies, Inc. has the good faith belief that such action is necessary to protect the safety of the Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc.’s reasonable satisfaction prior to Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc. satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Smart Travel Technologies, Inc.
YOU AND SMART TRAVEL TECHNOLOGIES, INC. 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”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc., including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Smart Travel Technologies, Inc.’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
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 SMART TRAVEL TECHNOLOGIES, INC. 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 SmartTT Ride Platform, the SmartTT Drive Services, through the SmartTT Ride Platform, Smart Travel Technologies, Inc. promotions, gift card, referrals or loyalty programs, any other goods or services made available through the SmartTT Ride Platform, your relationship with Smart Travel Technologies, Inc., the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Smart Travel Technologies, Inc.’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Smart Travel Technologies, Inc., any city, county, state or federal wage-hour law, 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 federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Smart Travel Technologies, Inc. and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. 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 Smart travel technologies, Inc. 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 SMART TRAVEL TECHNOLOGIES, INC. 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 SMART TRAVEL TECHNOLOGIES, INC. 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. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST SMART TRAVEL TECHNOLOGIES, INC., WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
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. 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.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity 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 Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought 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 or remedies to the fullest extent possible.
(c) Representative Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) for any claim brought on a private attorney general basis, including under the Florida both you and Smart Travel Technologies, Inc. agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Smart Travel Technologies, Inc. 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.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
- If Smart Travel Technologies, Inc. initiates arbitration under this Arbitration Agreement, Smart Travel Technologies, Inc. will pay all AAA filing and arbitration fees.
- With respect to any Claims brought by Smart Travel Technologies, Inc. against a Driver, or for Claims brought by a Driver against Smart Travel Technologies, Inc. that: (A) are based on an alleged employment relationship between Smart Travel Technologies, Inc. and a Driver; (B) arise out of, or relate to, Smart Travel Technologies, Inc.’s actual deactivation of a Driver’s User account or a threat by Smart Travel Technologies, Inc. to deactivate a Driver’s User account; (C) arise out of, or relate to, Smart Travel Technologies, Inc.’s actual termination of a Driver’s Agreement with Smart Travel Technologies, Inc. under the termination provisions of this Agreement, or a threat by Smart Travel Technologies, Inc. to terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including Smart Travel Technologies, Inc.’s commission or fees on the Fares), tips, or average hourly guarantees owed by Smart Travel Technologies, Inc. to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other Smart Travel Technologies, Inc. promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver Claims”), Smart Travel Technologies, Inc. shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Smart Travel Technologies, Inc. pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide SmartTT Drive Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Driver” shall be deemed to include both Drivers and Driver applicants who have not been approved to drive.
- Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
- At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
- Although under some laws Smart Travel Technologies, Inc. may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Smart Travel Technologies, Inc. agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
- If the arbitrator issues you an award that is greater than the value of Smart Travel Technologies, Inc.’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Smart Travel Technologies, Inc. will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and Smart Travel Technologies Inc. agree otherwise, any arbitration hearings between Smart Travel Technologies Inc. and a Rider will take place in the county of your billing address, and any arbitration hearings between Smart Travel Technologies Inc. and a Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under other private attorneys general acts, to the extent the representative Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the SmartTT Ride Platform or SmartTT Drive Services. Where these claims are brought in a court of competent jurisdiction, Smart Travel Technologies, Inc. will not require arbitration of those claims. Smart Travel Technologies, Inc.'s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Driver Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against Smart Travel Technologies, Inc. involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.
As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Smart Travel Technologies, Inc.’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Smart Travel Technologies, Inc.. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying Smart Travel Technologies, Inc. in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by electronic mail to firstname.lastname@example.org
Cases have been filed against Smart Travel Technologies, Inc. and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against Smart Travel Technologies, Inc. alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with Smart Travel Technologies, Inc. under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Smart Travel Technologies, Inc. in an individual arbitration, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc.’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 Smart Travel Technologies, Inc. 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 SmartTT Ride Platform any User Information obtained from the SmartTT Ride Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. 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 of the Rider as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state 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 Smart Travel Technologies, Inc. in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Smart Travel Technologies, Inc. with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Smart Travel Technologies, Inc. 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 Smart Travel Technologies, Inc.; becomes known to you, without restriction, from a source other than Smart Travel Technologies, Inc. without breach of this Agreement by you and otherwise not in violation of Smart Travel Technologies, Inc.’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 Smart Travel Technologies, Inc. to enable Smart Travel Technologies, Inc. to seek a protective order or otherwise prevent or restrict such disclosure.
19. Relationship with Smart Travel Technologies, Inc.
As a Driver on the SmartTT Ride Platform, you acknowledge and agree that you and Smart Travel Technologies, Inc. are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Smart Travel Technologies, Inc. expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Smart Travel Technologies, Inc.; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Smart Travel Technologies, Inc., and you undertake not to hold yourself out as an employee, agent or authorized representative of Smart Travel Technologies, Inc..
Smart Travel Technologies, Inc. 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 SmartTT Driver 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 SmartTT Ride Platform. You retain the option to accept or to decline or ignore a Rider’s request for SmartTT Driver Services via the SmartTT Ride Platform, or to cancel an accepted request for SmartTT Driver Services via the SmartTT Ride Platform, subject to Smart Travel Technologies, Inc.’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Smart Travel Technologies, Inc. shall have no right to require you to: (a) display Smart Travel Technologies, Inc.’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Smart Travel Technologies Inc.’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide SmartTT Driver Services or otherwise engage in other business or employment activities.
20. Other Services
In addition to connecting Riders with Drivers, the SmartTT Ride Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the SmartTT Ride Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the SmartTT Ride Platform, you authorize Smart Travel Technologies, Inc. to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Smart Travel Technologies, Inc. is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the SmartTT Ride Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Florida without regard to choice of law principles. This choice of law provision is only intended to specify the use of Florida law to interpret this Agreement and is not intended to create any other substantive right to non-floridians to assert claims under Florida law whether by statute, common law, or otherwise. 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 Smart Travel Technologies, Inc., in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Smart Travel Technologies, Inc. shall be given by certified mail, postage prepaid and return receipt requested to Smart Travel Technologies, Inc., Inc., 2630 W Broward Blvd. # 203-200 Fort Lauderdale, Florida. Any notices to you shall be provided to you through the SmartTT Ride Platform or given to you via the email address or physical you provide to Smart Travel Technologies, Inc. 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. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. 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 Smart Travel Technologies, Inc. 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 SmartTT Ride Platform or SmarTT Drive Services, please contact us through our Help Center.
Last Updated: may 1, 2020
Smart Travel Technologies, Inc.’s privacy homepage provides additional information about our commitment to respecting your personal information, including ways for you to access and delete that information.
1. The Scope of This Policy
This policy applies to all SmartTT users, including Riders and Drivers (including Driver applicants), and to all SmartTT platforms and services, including our apps, websites, features, and other services (collectively, the “SmartTT Ride Platform”). Please remember that your use of the SmartTT Ride Platform is also subject to our Terms of Service.
2. The Information We Collect
When you use the SmartTT Ride Platform, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like third party services, and optional programs in which you participate, which we may combine with other information we have about you. Here are the types of information we collect about you:
A. Information You Provide to Us
Account Registration. When you create an account with SmartTT Ride, we collect the information you provide us, such as your name, email address, phone number, birth date, and payment information. You may choose to share additional info with us for your Rider profile, like your photo or saved addresses (e.g., home or work), and set up other preferences (such as your preferred pronouns).
Driver Information. If you apply to be a Driver, we will collect the information you provide in your application, including your name, email address, phone number, birth date, profile photo, physical address, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information. We collect the payment information you provide us, including your bank routing numbers, and tax information. Depending on where you want to drive, we may also ask for additional business license or permit information. We may need additional information from you at some point after you become a Driver, including information to confirm your identity (like a photo).
Ratings and Feedback. When you rate and provide feedback about Riders or Drivers, we collect all of the information you provide in your feedback.
Communications. When you contact us or we contact you, we collect any information that you provide, including the contents of the messages or attachments you send us.
B. Information We Collect When You Use the SmartTT Ride Platform
Location Information. Great rides start with an easy and accurate pickup. The SmartTT Platform collects location information (including GPS and WiFi data) differently depending on your SmartTT app settings and device permissions as well as whether you are using the platform as a Rider or Driver:
- Riders: We collect your device’s precise location when you open and use the SmartTT Ride app, including while the app is running in the background from the time you request a ride until it ends. Smart Travel Technologies, Inc.
- Drivers: We collect your device’s precise location when you open and use the SmartTT Drive app, including while the app is running in the background when it is in driver mode. We also collect precise location for a limited time after you exit driver mode in order to detect ride incidents, and continue collecting it until a reported or detected incident is no longer active.
Usage Information. We collect information about your use of the SmartTT Ride Platform, including ride information like the date, time, destination, distance, route, payment, and whether you used a promotional or referral code. We also collect information about your interactions with the SmartTT Ride Platform like our apps and websites, including the pages and content you view and the dates and times of your use.
Device Information. We collect information about the devices you use to access the SmartTT Ride Platform, including device model, IP address, type of browser, version of operating system, identity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such as preferred language), application installations, device identifiers, advertising identifiers, and push notification tokens. If you are a Driver, we also collect mobile sensor data from your device (such as speed, direction, height, acceleration, deceleration, and other technical data).
Communications Between Riders and Drivers. We work with a third party to facilitate phone calls and text messages between Riders and Drivers without sharing either party’s actual phone number with the other. But while we use a third party to provide the communication service, we collect information about these communications, including the participants’ phone numbers, the date and time, and the contents of SMS messages. For security purposes, we may also monitor or record the contents of phone calls made through the SmartTT Ride Platform, but we will always let you know we are about to do so before the call begins.
Address Book Contacts. You may set your device permissions to grant Smart Travel Technologies, Inc. access to your contact lists and direct Smart Travel Technologies, Inc. to access your contact list, for example to help you refer friends to Smart Travel Technologies, Inc.. If you do this, we will access and store the names and contact information of the people in your address book.
Cookies, Analytics, and Third Party Technologies. We collect information through the use of “cookies”, tracking pixels, data analytics tools like Google Analytics, SDKs, and other third party technologies to understand how you navigate through the SmartTT Ride Platform and interact with Smart Travel Technologies, Inc. advertisements, to make your Smart Travel Technologies, Inc., experience safer, to learn what content is popular, to improve your site experience, to serve you better ads on other sites, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the SmartTT Ride Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may miss out on certain features of the SmartTT Ride Platform.
C. Information We Collect from Third Parties
Third Party Services. Third party services provide us with information needed for core aspects of the SmartTT Ride Platform, as well as for additional services, programs, loyalty benefits, and promotions that can enhance your Smart Travel Technologies, Inc. experience. These third party services include background check providers, insurance partners, financial service providers, marketing providers, and other businesses. We obtain the following information about you from these third party services:
- Information to make the SmartTT Ride Platform safer, like background check information for drivers;
- Information about your participation in third party programs that provide things like insurance coverage and financial instruments, such as insurance, payment, transaction, and fraud detection information;
- Information to operationalize loyalty and promotional programs, such as information about your use of such programs; and
- Information about you provided by specific services, such as demographic and market segment information.
Enterprise Programs. If you use Smart Travel Technologies, Inc. through your employer or other organization that participates in one of our Smart Travel Technologies, Inc. Business enterprise programs, we will collect information about you from those parties, such as your name and contact information.
Concierge Service. Sometimes another business or entity may order you a SmartTT ride. If an organization has ordered a ride for you using our Concierge service, they will provide us your contact information and the pickup and drop-off location of your ride.
Referral Programs. Friends help friends use the SmartTT Ride Platform. If someone refers you to Smart Travel Technologies, Inc., we will collect information about you from that referral including your name and contact information.
Other Users and Sources. Other users or public or third-party sources such as law enforcement, insurers, media, or pedestrians may provide us information about you, for example as part of an investigation into an incident or to provide you support.
3. How We Use Your Information
We use your personal information to:
- Provide the SmartTT Ride Platform;
- Maintain the security and safety of the SmartTT Ride Platform and its users;
- Build and maintain the Smart Travel Technologies, Inc. community;
- Provide customer support;
- Improve the SmartTT Ride Platform; and
- Respond to legal proceedings and obligations.
Providing the SmartTT Ride Platform. We use your personal information to provide an intuitive, useful, efficient, and worthwhile experience on our platform. To do this, we use your personal information to:
- Verify your identity and maintain your account, settings, and preferences;
- Connect you to your rides and track their progress;
- Calculate prices and process payments;
- Allow Riders and Drivers to connect regarding their ride and to choose to share their location with others;
- Communicate with you about your rides and experience;
- Collect feedback regarding your experience;
- Facilitate additional services and programs with third parties; and
- Operate contests, sweepstakes, and other promotions.
Maintaining the Security and Safety of the SmartTT Ride Platform and its Users. Providing you a secure and safe experience drives our platform, both on the road and on our apps. To do this, we use your personal information to:
- Authenticate users;
- Verify that Drivers and their vehicles meet safety requirements;
- Investigate and resolve incidents, accidents, and insurance claims;
- Encourage safe driving behavior and avoid unsafe activities;
- Find and prevent fraud; and
- Block and remove unsafe or fraudulent users from the SmartTT Ride Platform.
Building and Maintaining the Smart Travel Technologies, Inc. Community. Smart Travel Technologies, Inc. works to be a positive part of the community. We use your personal information to:
- Communicate with you about events, promotions, elections, and campaigns;
- Personalize and provide content, experiences, communications, and advertising to promote and grow the SmartTT Ride Platform; and
- Help facilitate donations you choose to make through the SmartTT Ride Platform.
Providing Customer Support. We work hard to provide the best experience possible, including supporting you when you need it. To do this, we use your personal information to:
- Investigate and assist you in resolving questions or issues you have regarding the SmartTT Ride Platform; and
- Provide you support or respond to you.
Improving the SmartTT Ride Platform. We are always working to improve your experience and provide you with new and helpful features. To do this, we use your personal information to:
- Perform research, testing, and analysis;
- Develop new products, features, partnerships, and services;
- Prevent, find, and resolve software or hardware bugs and issues; and
- Monitor and improve our operations and processes, including security practices, algorithms, and other modeling.
Responding to Legal Proceedings and Requirements. Sometimes the law, government entities, or other regulatory bodies impose demands and obligations on us with respect to the services we seek to provide. In such a circumstance, we may use your personal information to respond to those demands or obligations.
4. How We Share Your Information
We do not sell your personal information. To make the SmartTT Ride Platform work, we may need to share your personal information with other users, third parties, and service providers. This section explains when and why we share your information.
A. Sharing Between SmartTT Ride Users
Riders and Drivers.
Rider information shared with Driver: Upon receiving a ride request, we share with the Driver the Rider’s pickup location, name, profile photo, rating, Rider statistics (like approximate number of rides and years as a Rider), and information the Rider includes in their Rider profile (like preferred pronouns). Upon pickup and during the ride, we share with the Driver the Rider’s destination and any additional stops the Rider inputs into the SmartTT Ride app. Once the ride is finished, we also eventually share the Rider’s rating and feedback with the Driver. (We remove the Rider’s identity associated with ratings and feedback when we share it with Drivers, but a Driver may be able to identify the Rider that provided the rating or feedback.)
Driver information shared with rider: Upon a Driver accepting a requested ride, we will share with the Rider the Driver’s name, profile photo, preferred pronouns, rating, real-time location, and the vehicle make, model, color, and license plate, as well as other information in the Driver’s SmartTT profile, such as information Drivers choose to add (like country flag and why you drive) and Driver statistics (like approximate number of rides and years as a Driver).
Although we help Riders and Drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Driver, including sharing actual contact information with your consent.
Rides Requested or Paid For by Others. Some rides you take may be requested or paid for by others. If you take one of those rides using your Smart Travel Technologies, Inc. Business Profile account, a code or coupon, a corporate credit card linked to another account, or another user otherwise requests a ride for you, we may share some or all of your ride details with that other party, including the date, time, charge, rating given, region of trip, and pick up and drop off location of your ride.
Referral Programs. If you refer someone to the SmartTT Ride Platform, we will let them know that you generated the referral. If another user referred you, we may share information about your use of the SmartTT Ride Platform with that user. For example, a referral source may receive a bonus when you join the SmartTT Ride Platform or complete a certain number of rides and would receive such information.
B. Sharing With Third-Party Service Providers for Business Purposes
Depending on whether you’re a Rider or a Driver, Smart Travel Technologies, Inc. may share the following categories of your personal information for a business purpose to provide you with a variety of the SmartTT Ride Platform’s features and services:
- Personal identifiers, such as your name, address, email address, date of birth, government identification number (such as social security number), driver’s license information, vehicle information, and car insurance information;
- Financial information, such as bank routing numbers, tax information, and any other payment information you provide us;
- Commercial information, such as ride information, Driver/Rider statistics and feedback, and Driver/Rider transaction history;
- Internet or other electronic network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers; and
- Location data.
We disclose those categories of personal information to service providers to fulfill the following business purposes:
- Maintaining and servicing your SmartTT account;
- Processing or fulfilling rides;
- Providing you customer service;
- Processing Rider transactions;
- Processing Driver applications and payments;
- Verifying the identity of users;
- Detecting and preventing fraud;
- Processing insurance claims;
- Providing Driver loyalty and promotional programs;
- Providing marketing and advertising services to Smart Travel Technologies, Inc.;
- Providing financing;
- Providing requested emergency services;
- Providing analytics services to Smart Travel Technologies, Inc.; and
- Undertaking internal research to develop the SmartTT Ride Platform.
C. For Legal Reasons and to Protect the SmartTT Ride Platform
We may share your personal information in response to a legal obligation, or if we have determined that sharing your personal information is reasonably necessary or appropriate to:
- Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, or enforceable governmental request;
- Respond to legal process (such as a search warrant, subpoena, summons, or court order);
- Enforce our Terms of Service;
- Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
- Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third-parties, or the public as required or permitted by law.
D. In Connection with Sale or Merger
We may share your personal information while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.
E. Upon Your Further Direction
With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.
5. How We Store and Protect Your Information
We retain your information for as long as necessary to provide you and our other users the SmartTT Ride Platform. This means we keep your profile information for as long as you maintain an account. We retain transactional information such as rides and payments for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. If you request account deletion, we will delete your information as set forth in the “Deleting Your Account” section below.
We take reasonable and appropriate measures designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.
6. Your Rights And Choices Regarding Your Data
As explained more below and on our privacy homepage, Smart Travel Technologies, Inc. provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.
A. All Users
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the SmartTT Ride Platform.
Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word END from the mobile device receiving the messages. You may also opt out of receiving all texts from Smart Travel Technologies, Inc. (including transactional or relational messages) by texting the word STOPALL from the mobile device receiving the messages. Note that opting out of receiving all texts may impact your use of the SmartTT Ride Platform. Drivers can also opt out of driver-specific messages by texting STOP in response to a driver SMS. To re-enable texts you can text START in response to an unsubscribe confirmation SMS.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the SmartTT Ride Platform (such as receiving a notification that your ride has arrived).
Profile Information. You can review and edit certain account information you have chosen to add to your profile by logging in to your account settings and profile.
Location Information. You can prevent your device from sharing location information through your device’s system settings. But if you do, this may impact Smart Travel Technologies, Inc.’s ability to provide you our full range of features and services.
Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the SmartTT Ride Platform.
Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The SmartTT Ride Platform does not currently support Do Not Track requests at this time.
Deleting Your Account. If you would like to delete your Smart Travel Technologies, Inc. account, please visit our privacy homepage. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
B. Florida Residents
The Florida Consumer Privacy Act provides some Florida residents with the additional rights listed below. To exercise these rights see the “Exercising Your Florida Privacy Rights” section or visit our privacy homepage.
Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that includes, but is not limited to, when the information is necessary for us or a third party to do any of the following:
- Complete your transaction;
- Provide you a good or service;
- Perform a contract between us and you;
- Protect your security and prosecute those responsible for breaching it;
- Fix our system in the case of a bug;
- Protect the free speech rights of you or other users;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your Florida Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under Florida law, please contact us using one of the following methods:
Website: You may visit our privacy homepage to authenticate and exercise rights via our website.
Email Webform: You may write to us to exercise rights. Please include your full name, email address, and phone number associated with your use of the SmartTT Ride Platform, along with why you are writing, so that we can process your request in an efficient manner.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
7. Children’s Data
Smart Travel Technologies, Inc. is not directed to children, and we don’t knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.
8. Links to Third Party Websites
The SmartTT Ride Platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.
We may update this policy from time to time as the SmartTT Ride Platform changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the SmartTT Ride Platform or by some other method of communication like email. When you use Smart Travel Technologies, Inc., you are agreeing to the most recent terms of this policy.
10. Contact Us
If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us