I General
The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties. In case of a conflict between these terms and the Terms, the provisions of these terms shall prevail. Defined terms used in these Payment Terms have the same meanings assigned to them in the Terms. SVIPLS offers you the possibility of settling certain fares procured via the Service via direct electronic payment. A precondition to use SVIPLS Payment is that service is available. Payment may be made via the SVIPLSApp per electronic direct debit system, credit card, PayPal or other payment methods (collectively hereinafter “SVIPLS Payment”).
II Subject Matter
Subject of these Payment Terms is the performance of transportation services via SVIPLSApp and electronic payments via SVIPLSApp, you can choose to pay for the fare via SVIPLS Payment at the time you placed the order for transportation services or at the end of the ride via the SVIPLSApp. Any professional transportation that is paid for via SVIPLS Payments is hereinafter referred to as a “SVIPLS Payment Ride.” In order to use SVIPLS Payment, you must register a card. When registering, you shall determine the manner by which payment shall be made. Available payment methods are cash, direct debit, credit/debit card and/or PayPal. The choice of payment method may be changed at any time by you via the SVIPLSApp. In the event you have provided SVIPLSApp with several alternative payment methods, you will be able to choose which payment method you wish to use for each SVIPLS Ride prior to authorizing payment. SVIPLS reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason. In the event you choose PayPal as a payment method, the terms and conditions of PayPal shall apply in addition to these Payment Terms. Any additional fees charged by PayPal are your sole responsibility and you authorize SVIPLS to add such fees, in the event that they are charged to SVIPLS, to any amount charged to you.
III Term and Termination
This Agreement shall commence upon registering a payment card and shall remain in effect indefinitely until terminated in accordance with the provisions below. The agreement may be terminated by either party at any time, with or without reasons by deleting the Electronic payment solution. However, you will still be able to order professional transportation service via the SVIPLSApp, for which payment is then made directly to the driver.
Notwithstanding the termination of this agreement, all unsettled claims for payment you authorize will be paid out to the professional driver or transportation company that provided you with any SVIPLS Payment Ride prior to termination.
IV Your Obligations and Indemnification
You are not obligated to pay all fares via SVIPLS Payment. However, if you choose so, you will have the option of paying for your fare electronically, but you must make that choice yourself via the SVIPLSApp and you will at that time become obligated to pay the fare via SVIPLS Payment. Upon completion of the trip, the Driver shall obtain confirmation that the you are authorized to pay via SVIPLS Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation) and a possible gratuity to be paid via SVIPLS Payment (hereinafter “Payment Amount”), by having you confirm the fare through the SVIPLSApp, by choosing the card you want to pay with in SVIPLSApp on your Smartphone and thereby agreeing to the amount of the fare and the method of payment. By choosing a electronic payment solution – SVIPLS Payment Ride, you agree that you may not receive a printed receipt, except to the extent that written printed receipts are required by local law or regulation. SVIPLS will confirm you payment via email to the email address you provided upon registration. SVIPLS reserves the right to suspend your account temporarily or permanently, at its sole discretion, in the event that SVIPLS believes that your Payment Card or password may have been compromised. In such cases, SVIPLS shall inform you by notice to the email address associated with your account at the earliest possibly opportunity, if possible before your account is suspended. You are responsible for maintaining all accounts (bank accounts, credit/debit cards, PayPal) in such a manner as to assure that the SVIPLS Payment amount billed through the SVIPLSApp is covered. In the event that payment is refused by your bank, credit/debit card provider or by PayPal, you are responsible for any and all expenses, including collection expenses and reasonable attorney’s fees, incurred by SVIPLS as a result. SVIPLS assumes no responsibility or liability for any payment errors not caused by SVIPLS own negligent acts or omissions. In the event of errors with respect to electronic payments, you must contact your bank, credit/debit card provider or PayPal, as the case may be, to resolve such issues. In the event that payments are delayed due to your fault, except for delays caused by an event of force majeure as defined in these Payment Terms, SVIPLS reserves the right to charge interest in the amount of five percent (5%) or the maximum statutory interest rate, whichever is higher, in addition of a processing fee of CHF 15.00. In addition, in the event that SVIPLS suffers damages in excess of the amounts collected pursuant to this Section, SVIPLS shall not be barred from claiming such additional damages. You agree to indemnify, defend and hold SVIPLS, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Payment Terms, including without limitation any breach of the provisions of these Payment Terms, breach of any warranty under these Payment Terms or any activity related to access to or use of your SVIPLS account (including negligent or wrongful acts or omissions) by you or any third party accessing SVIPLS Payment service using your account and/or (ii) any violation of law or regulation committed by you while using the SVIPLSApp or SVIPLS services.
V Warranties and Limitation of Warranties
The legal liability of SVIPLS under these Payment Terms is limited to damages arising from SVIPLS own gross negligence or willful misconduct or the gross negligence or willful misconduct of SVIPLS employees and/or agents. SVIPLS is entitled to discontinue the SVIPLS Payment service temporarily or permanently, with or without informing you, though every reasonable effort will be made to inform you of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.svipls.com . THE SVIPLS PAYMENT 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 ITS SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE.
VI Limitation of Liability
For purposes of this Section, ” SVIPLS ” shall include SVIPLS and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. 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 PROFESSIONAL DRIVER’S/TRANSPORTATION COMPANY’S OR ANY DRIVER’S USE OF SVIPLS PAYMENT SERVICES, EVEN IF SVIPLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE PROFESSIONAL DRIVER’S/TRANSPORTATION COMPANY’S SPECIFIC LEGAL RIGHTS, AND THE PROFESSIONAL DRIVER’S/TRANSPORTATION COMPANY’S MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, COUNTRY TO COUNTRY OR CITY TO CITY. Relationship of the Parties SVIPLS and PROFESSIONAL DRIVER/TRANSPORTATION COMPANY are independent contracting parties and nothing in these Payment 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.
VII 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 Payment Terms will continue in effect.
VIII Amendments
SVIPLS reserves the right to change these Payment Terms from time to time. Please refer to the SVIPLS website 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 Payment 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.
IX No Waiver
The failure of SVIPLS to enforce any right or provision of these Payment Terms will not be deemed a waiver of such right or provision.
X Force Majeure
Neither party shall be liable for any failure to perform its obligations under these Payment Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
XI Applicable law and place of jurisdiction
These Payment 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 Payment Terms, including without limitation, this section.
IX Entirety
This agreement together with SVIPLS General terms and conditions shall constitute the complete and exclusive agreement between SVIPLS and you. The use of the SVIPLSApp in connection with SVIPLS Payment is expressly made conditional on your consent to these Payment Terms.
Zürich, Switzerland – 01. January 2018
SVIPLS Ltd