General Terms of Use: Subscriber
Effective December 16th 2022
Definitions:
“Company” means the My Trip Trinidad & Tobago Co. Ltd. who shall be providing the Services (hereafter defined);
“Dispute Resolution Centre” means the Dispute Resolution Centre, Trinidad and Tobago, Chamber of Commerce;
“Services” means the provision of the mobile applications, websites, content, product and related services (each, an “App” or “Apps” as the context applies), that facilitate users to arrange and schedule transportation, delivery and logistics services between themselves
“Transport Services” including purchase of services from third party providers under agreement with Company (“Third Party Providers“);
“Territory” means the Republic of Trinidad and Tobago;
“Terms” means the terms of use that govern your use and access in the Territory of the Services;
“Website” means the Company’s website offering the Services.
The Services:
Terms Binding: You may not access or use the Services if you do not agree to these Terms. By accessing or using the Services, you agree to be bound by these Terms.
The Services are solely for personal, non-commercial use, unless otherwise separately agreed to in writing by the Company.
License: Conditional on and subject to your undertaking to be bound by the Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to access and use: (a) the Apps on your personal devices solely for you to access and use the Services, and (b) any content, data and related information that may be available via the Services. Any rights not expressly set out herein are reserved by the Company and its licensors.
Modification to the Agreement
The Company 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. The Company reserves the right to modify any information on this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the 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).
Third Party Providers.
You acknowledge that portions of the Services may be made available under request options associated with Transport Services transportation or logistics, provided by independent Third-Party Providers. You acknowledge that the Company does not directly provide Transport Services and that the benefit of accessing Transport Services via the access and use of the Services does not in any way establish the Company as a provider of Transport Services.
Where explicitly stated, the above services may include provision of Transport Services for an upfront price, subject to acceptance by the respective Third-Party Providers.
Third Party Services and Content. You acknowledge that:
The Services may be made available or accessed via third party services and content (including advertising) that the Company does not control, using terms of use and privacy policies that differ from the Company’s. The Company does not endorse such third-party services and content and shall in no way be responsible or liable for any such third-party products or services.
If you access the Services using Apps developed for mobile devices for Android, IOS etc. you acknowledge that these third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party’s terms of service.
Access and Use of the Services:
User Account: To use the Services, you must:
Be at least 18 years old to register and establish an Account, unless otherwise stated.
Provide certain personal information, i.e. your name, address, mobile phone number, age, and/or an email address, and/or one valid payment platform used by the Company.
Maintain accurate, complete, and up-to-date information in your Account, failing which can result in your inability to access or use the Services.
Any user/subscriber account left unused or dormant for more than 90 days, may result in being deactivated.
Be responsible for all activity under your Account, and you shall maintain the security and secrecy of your Account username and password at all times.
Register for and keep an active personal user/subscriber account (“Account“). You are permitted only one Account (unless otherwise agreed to by the Company in writing). This Account is non-transferable, non-sublicensable and non-assignable to third parties.
Code of Conduct: Use of Services advertised.
The App is not for use by persons under the age of 18 years nor any of the services advertised therein.
All persons under the age of 18 years should be accompanied by a parent or guardian, regarding use of transport services advertised.
When accessing or using the Services you shall comply with all applicable laws and access the Services solely for lawful purposes.
Use of foul or abusive language, aggressive or hostile behaviour or breach of any applicable laws is prohibited. You shall be courteous and respectful to Third Party Providers and other persons related to the provision of the Services
You shall access and use the Services so as to not to cause or become a nuisance, annoyance, inconvenience to any third party. You shall not cause any property damage or injury or harm to any person as it relates to the Services.
You are asked to comply with any request in relation to the Services to provide valid proof of identification to access or use the Services, failing which you can be denied access or use of the Services by the provider.
Marketing: Text/Email/Telephone Calls:
You agree that the Company may contact you by telephone, text or email messages at any of the phone numbers or email addresses you provide for an Account, in relation to the Services or marketing thereof and as set out on the Website. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
Promo Codes: Company may but is not obliged to create and issue referral or promotion codes (“Promo Codes”) to be redeemed for discounts or as specified benefits for the Services, subject to additional terms set by Company. You shall not sell or duplicate or create counterfeit Promo Codes or redeem same for cash. You shall use Promo Codes specifically as set by the Company and/or any other redeemable item. Promo Codes can be withdrawn or terminated at any time without liability on the Company’s part, even before any given expiration period. Company retains the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or from Promo Codes by you or any other user where Company determines that the use of such Promo Code or redeemable item was in error, fraudulent, illegal, or otherwise in violation of the Terms.
User Provided Content: Company may in its sole discretion, allow you to submit, post, upload, publish or provide the Company with text, audio and/or visual content of any lawful nature, (“User Data Provision”) (e.g., feedback on Services, entries for competitions etc.), (“User Data”). The User Data remains your property. By providing the User Data, you agree to grant Company a royalty free global perpetual irrevocable, transferable, sublicensable license to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Data in all formats and distribution channels (present and future) including on Company and third party sites and channels (present and future) without further notice to or consent from you, and without the requirement of payment to you or any other person or entity (“User Data License”).
Warranties:
You represent and warrant that:
(i) you either are the sole and exclusive owner of all User Data or you have all rights, licenses, consents and releases necessary to grant the Company the User Data License and (ii) neither the User Data, the User Data Provision, the grant of the User Data License or use by the Company or sublicensees of the User Data License will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Data that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Data, at the Company’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access and compatible hardware and software updates necessary to use the Services and Apps and for incurring the messaging and network data rates from your service provider. Company makes no guarantee that the Services or Apps, or any portion thereof, will function on any particular hardware or devices. Further, the Services may be subject to malfunctions and delays related to Internet and electronic communications usage.
Breach: If you breach or are negligent in compliance with any Term or part thereof, this can result in immediate suspension, withdrawal, denial and/or cessation of access or use of the Services and /or Account, up to termination thereof.
Payment: You acknowledge and agree to the following:
Charges:
Use of the Services for Services received by you may result in charges to you(“Charges“).
Charges may include other applicable fees.
Methods of Payment:
The methods of payment which may be used, and related information are as follows:
Drivers Subscriptions: Online payments or direct deposits.
As it relates to engagement of Third-Party Providers and their services. Charges incurred by he/she receiving services, will be owed directly to the Third-Party Provider, and the Third-Party Provider will collect the charges/fees directly from the engaging party for the use of their Services. The Third-Party Provider will therefore, be directly responsible for providing a receipt or confirmation of payment to the party engaging their services. The engaging party should also ensure that a receipt is received from the Third-Party Provider, as soon as payment is made.
The Third-Party Provider has no responsibility to remit to the Company, any part of the Charges that form the fees for your use of his/her Services, as the full fee(s) charged by the Third-Party Service Provider is retained by the Third-Party Service Provider.
The customer is under no obligation to Tip any Third-Party Provider, and any/all such Gratuities are voluntary.
Adjustments to Charges:
The company only provides suggested prices as the per market, and cannot direct and/or instruct any Third-Party Provider regarding final negotiated prices/fees between the parties.
You agree that Charges may increase incrementally from time to time based on traffic, times of high demand and other socio-politico and geographic factors or reasonable considerations.
While the Company will use reasonable commercial efforts to inform you of discounts, Promo Codes, surges, hikes and adjustments to Charges, you agree to pay all Charges incurred under your Account, whether or not you have advance notice of the foregoing.
The aforementioned discounts and Promo Codes, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Charges paid by you are final and non-refundable, unless otherwise determined between yourself and the Third-Party Provider under good cause.
You may choose to cancel your request for Services at any time prior to the commencement of such Services between yourself and the Third-Party Service Provider. A cancellation fee may be due the provider, providing said cancellation was able to be made before the provider arrived at your location.
You may choose to rate your experience upon use of the Services and leave other feedback through features on the Apps.
Supplemental terms:
The Services from time to time may be amended or supplemented including temporary promotions, that shall be posted on the Website. These supplemental terms shall prevail over the Terms in the event of a conflict to determine the accurate Services to be provided, during the period in which the supplemental terms are in effect. Your continued access and use of the Services after posting such amended/supplemental terms shall be your confirmation that you agree to be bound by the amended Terms.
Intellectual Property and Ownership.
The Services and all rights therein are and shall remain the Company’s or its licensor’s property. The Terms and your use of the Services confer no rights to you: (a) except as set out in the aforementioned limited license, and (b) to use refer in any way to Company, its brand names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services unless as expressly consented to by Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Claims of Copyright Infringement should be sent to legal@mytrip-tt.com
Data Privacy: Compilation and use of your personal data relating to the services is set out in the Privacy Policy section of the Website at https://www.mytrip-tt.com
Disclaimer:
The Services are provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the Services, including the Transport Services or that the services will be uninterrupted or error-free.
While the Company uses best commercial efforts to negotiate with Third Party Providers that the latter should comply with all applicable laws in its operations and uphold high standards of quality service, The company does not guarantee the quality, suitability, safety or ability of Third-Party Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith including the Transport Services, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability.
The Company shall not, in any circumstances, to the fullest extent permitted by law, be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services
The Company shall not, in any circumstances, to the fullest extent permitted by law, be liable for any damages, liability or losses arising out of:
Your use of or reliance on the Services
your inability to access or use the Services; or
any transaction or relationship between you and any Third-Party Provider, even if the Company has been advised of the possibility of such damages.
The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
You acknowledge that Third Party Providers providing Transport Services/other, may offer ridesharing or peer-to-peer transportation and other services, and may not be professionally licensed or permitted.
The Services may be used by you to request and schedule Transport Services/other, but you agree that the Company has no responsibility or liability related to Transport Services/other provided to you by Third Party Providers other than as expressly set forth in these terms.
Limitations and disclaimers do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law but sets out that Company’s liabilities under the Terms, and shall be strictly limited and restricted to the extent permitted by law.
Disclaimer: Arbitration:
By agreeing to the Terms, you agree that:
You shall resolve any claim against the Company on an individual basis and shall not take part (therefore waiving all rights to trial by the Courts) in any current or future class, consolidated or representative action against the Company.
You and the Company retain the right to bring an individual action in the Petty Civil Court and the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You and the Company shall mutually agree to one arbitrator from the Dispute Resolution Centre to hear and determine the dispute. If the parties cannot agree on the arbitrator within one week of delivery of the written demand for arbitration by a party, the Dispute Resolution Centre shall appoint one.
The parties may mutually select a venue (for cost savings purposes) subject to agreement by the selected arbitrator. The arbitrator shall direct on the extent for a reasonable exchange of evidence and arguments and information between the parties (which need not strictly follow Civil Practice Rules) in advance of a hearing.
The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator will determine the extent to which the parties recover legal fees and costs.
All disputes you raise with the Company (including but not limited to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services) shall be resolved on an individual basis through arbitration, governed by the Arbitration Act Ch:5:01 of the Territory and such decision of arbitration shall be binding and final.
Indemnity
You agree to indemnify and hold the Company and its affiliates and their officers, directors, employees, servants and agents and contractors namely Third Party Contractors contractor harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Company’s use of your User Data; or (iv) your violation of the rights of any third party, including Third-Party Providers.
Notice
The company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to the Company, with such notice deemed given when received by the Company, at any time by first class mail or pre-paid post to our registered address.
Miscellaneous:
Assignment: You may not assign the Terms or your rights or obligations under the Terms to any other party unless the Company’s prior written approval is obtained. The company may assign these Terms without your consent to any third party. Any purported assignment in violation of this section shall be void.
Partnership: No joint venture, partnership, employment, or agency relationship exists between you, Company or any Third-Party Providers as a result of this Agreement or use of the Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced to the fullest extent under law. Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Waiver: The Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Termination: The Company may at any time for any reason forthwith terminate, withhold, withdraw or deny access to these Terms or Services (or any part thereof) to you.
Subscriber/Third-Party Provider Terms:
Definitions
“Subscriber or Third-Party Provider” means anyone who has paid to engage or use the MyTripTT Rideshare & Mobility App.
“Subscription” means a regular payment for a service.
The Subscriber, hereto referred as Third-Party Provider, shall meet and maintain the requirements in keeping with his/her engagement under the Terms and Conditions governing the use of the MyTripTT Rideshare & Mobility App where applicable. In addition, the Subscriber shall at all times observe and satisfy the following:
1. An active MyTripTT account
2. Valid Driver’s Permit
3. Valid Insurance certificate
4. Valid Certified Copy of Vehicle
5. Profile Photo of Driver
6. Valid Police Certificate of Character
7. Proper working Smartphone with sufficient memory for downloading of App.
8. Proper working Car Charger
9. Phone mount (highly recommended)
10. Adequate Data Plan (4G LTE is preferred)
11. Vehicle within 10 years of manufacturer’s date
12. Vehicle not being older than 10 years but in excellent condition. (This is at the discretion of MyTripTT).
13. Photo of vehicle (front, back and both sides, number plates must be visible in photos).
14. Good hygiene
15. Appropriate attire
16. Professional and courteous interaction
17. No use of obscene language