I General
The following sets forth the general terms and conditions (the “Terms”) between SVIPLS, which is a trademark of SVIPLS Ltd (“SVIPLS”) and users of its Website at www.svipls.com (the “Site”) and of the services, features, content, applications or widgets offered by SVIPLS (collectively with the site, the “Service”). By using the SVIPLS Website and the SVIPLS application (the “SVIPLSApp”) and/or the Services, features, content, applications or widgets offered by SVIPLS, you agree to be bound by these Terms.
II Description of the Services
SVIPLS provides the SVIPLSApp application for internet-enabled portable devices (“Smartphones”) via which users can access and order professional transportation services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms. The Services are offered without cost to you, except where local law or regulation provides that professional transportation service ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, SVIPLS may also offer you the possibility of paying your fare electronically through SVIPLSApp installed on your Smartphone, using authorised and PCI compliant payment processing providers in order to process payments for your requests or rides. Separate terms and conditions, which follow these Terms, apply to electronic Payment transactions.
SVIPLS PROVIDES TRANSPORTATION SERVICES AND IS A TRANSPORTATION CARRIER. IT IS UP TO THE PROFESSIONAL AND REGISTERED DRIVER OR VEHICLE OPERATOR REGISTERED TO OFFER PROFESSIONAL TRANSPORTATION SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH USE OF THE SVIPLSAPP. SVIPLS OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL TRANSPORTATION SERVICE FOR TRANSPORTATION. SVIPLS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROFESSIONAL DRIVERS AND/OR PROFESSIONAL TRANSPORTATION COMPANIES. PROFESSIONAL DRIVERS THAT USE THE SERVICE AND THE SVIPLSAPP TO OBTAIN FARES ARE EMPLOYEES, AGENTS OR AFFILIATES OF SVIPLS. SVIPLS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF PROFESSIONAL DRIVERS WHO USE THE SVIPLSAPP. THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE SVIPLSAPP IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL DRIVER OR PROFESSIONAL TRANSPORTATION COMPANY PROVIDING SUCH TRANSPORTATION SERVICES.
III Acceptance of Terms
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by SVIPLS, each of which is incorporated by reference and each of which may be updated by SVIPLS from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by SVIPLS from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.
IV Registration
In order to use the Service, you are required to register with SVIPLS and represent, warrant and covenant that you provide SVIPLS with accurate, truthful, and complete registration information (including, but not limited to your first and last name, address, telephone number, e-mail address, a username and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your SVIPLS account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SVIPLS password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify SVIPLS in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service. The Service is not available to individuals who are younger than 18 years old. SVIPLS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
V Access to the SVIPLS Service
Subject to these Terms, SVIPLS may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services SVIPLS performs for you, any applications or widgets offered by SVIPLS that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by SVIPLS, as well as the offering of any materials displayed or performed on or through the Services.
VI SVIPLS Content
The Service contains Content specifically provided by SVIPLS or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms, SVIPLS grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from SVIPLS, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
VII Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under SVIPLS control, and you acknowledge that SVIPLS is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SVIPLS or any association with its operators. You further acknowledge and agree that SVIPLS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
VIII Termination
SVIPLS may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by contacting SVIPLS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IX Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SVIPLS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. SVIPLS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. SVIPLS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
X Indemnification
You shall defend, indemnify, and hold harmless SVIPLS, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of SVIPLS). SVIPLS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with SVIPLS in asserting any available defenses.
XI Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SVIPLS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF SVIPLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SVIPLS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XII Rules and Conduct
As a condition of use, you shall not use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by SVIPLS in its sole discretion) an unreasonable or disproportionately large load on SVIPLS (or its third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures SVIPLS may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content, except as expressly authorized by SVIPLS; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of SVIPLS guidelines and policies. SVIPLS reserves the right to access, read, preserve, and disclose any information as SVIPLS reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SVIPLS, its users and the public.
XIII Evaluations
As part of the Service, you may evaluate the driver and the service you ordered through the Service. You agree that all such evaluations will be objective and fair. You acknowledge and agree that your evaluations may be published on the SVIPLSApp and that such evaluations may be accessible to other users of the Services. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations.
XIV Responsibility for Contents
The sole responsibility for the content published and transmitted in the SVIPLSApp or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, SVIPLS shall be authorized to delete same immediately.
XV Statute of limitations
You and SVIPLS agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
XVI Applicable law and place of jurisdiction
These Terms shall be governed by and construed in accordance with the Swiss law, excluding its conflicts of law rules. The sole place of jurisdiction is the city of Zürich, Switzerland. If you are domiciled abroad, Zürich will be the place of debt collection and sole place of jurisdiction for all proceedings.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
XVII Government Use
The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Swiss Regulations. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms.
XVIII Integration and Severability
These Terms are the entire agreement between you and SVIPLS with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SVIPLS with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, SVIPLS must provide you with written notice of such waiver through one of its authorized representatives.
XIX Copyrighted Material Application and Trademark Information
SVIPLS product names, service names, slogans or logos referenced on SVIPLS websites and/or in the SVIPLSApp are trademarks or registered trademarks of SVIPLS Ltd. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by SVIPLS are protected by copyright and other applicable laws of Switzerland and other countries. Drivers may not copy, publicly display, modify or distribute such material without SVIPLS or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the SVIPLSApp and the Services is and will remain the exclusive property of SVIPLS and its licensors. The Application is protected by copyright, trademark and other laws of Switzerland and other countries.
XX Relationship of the Parties
SVIPLS and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
XXI Severability
If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
XXII Amendments
SVIPLS reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after SVIPLS makes any such changes, you agree to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.svipls.com or in the Application itself on the Terminal Device.
XXIII Entirety
These Terms are the entire agreement between SVIPLS and you. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement. The use of the SVIPLSApp is expressly made conditional on your consent to these Terms.
Zürich, Switzerland – 01. January 2018
SVIPLS Ltd