Lifti TERMS AND CONDITIONS OF USE
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Startup Co Pty Ltd, owner of the Lifti Platform and trademark. (“Lifti,” “we,” “us” or “our”) governing your use of the Lifti application, website, and technology platform (collectively, the “Lifti Platform”).
Lifti is an online matching system that allows individuals to find and accept carpooling/lift-club/ridesharing arrangements. Use of the system is voluntary and entirely at the discretion of participants.
THE LIFTI PLATFORM IS OFFERED AS A CONVENIENCE AND SERVICE TO COMMUTERS SEEKING RIDE-MATCHING SERVICES. ALL POTENTIAL LIFTI DRIVERS AND PASSENGERS, COLLECTIVELY REFERRED TO AS USERS SHOULD EXERCISE CAUTION AND DISCRETION, AND GENERALLY, TAKE WHATEVER STEPS HE OR SHE DEEMS NECESSARY TO ENSURE ONE'S PERSONAL SAFETY. YOU ACCEPT FULL PERSONAL RESPONSIBILITY FOR ANY RIDE THAT YOU MAY ACCEPT OR PROVIDE THROUGH THIS SERVICE. LIFTI ACCEPTS NO RESPONSIBILITY FOR ACTIONS OF ANY INDIVIDUALS USING THE WEBSITE AND MOBILE APP.
You must be at least 18 years of age to use this Website.
Reliance Upon Information and Password
To be a registered user of the Lifti Platform ('Registered User') you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form ('Registration Data'). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate. When you register you will be provided with a user ID and password. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that Lifti can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify Lifti immediately if you become aware of any unauthorized use of your password or if you believe your password is no longer secret and we will cease relying on that password. You release Lifti, its officials, officers, employees and agents from any claim and won't make any claim against Lifti in respect of or arising from any reliance by Lifti upon any use of your password, including Lifti disclosing personal information relating to your Registration Data. You agree to indemnify and hold Lifti, its officers, affiliates and employees harmless from any claims, actions, costs (including legal costs), or losses by Lifti or any third party due to or arising out of reliance by Lifti or any third party upon any acts carried out, requests made or information provided through the use of your password.
As a Passenger, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, surcharges, and taxes. Lifti has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the distance you travel as described on the pricing page. You are responsible for reviewing the applicable Lifti pricing page or price quote within the Lifti Platform 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 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 travelled 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, Lifti 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 Lifti Platform, we may cancel the fare quote and charge you a variable fare based on the time of your ride. Lifti does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable Lifti Pricing page.
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 cancellation page to learn more about Lifti cancellation policy, including applicable fees.
Tolls. In some instances tolls (or return tolls) may apply to your ride. Please make appropriate plans with the other users to share in these costs as you deem fit and fair.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. Lifti may replace its third-party payment processing services without notice to you. Charges shall only be made through the Lifti Platform. With the exception of toll gate fees, cash payments are strictly prohibited. Your payment of Charges to Lifti satisfies your payment obligation for your use of the Lifti Platform and Services.
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 Lifti Platform, any disruption to the Lifti Platform or Services, or any other reason whatsoever.
Promotional codes. You may receive promotional codes that you can apply toward payment of certain Charges upon completion of a Ride. Promotional codes are only valid for use on the Lifti Platform and are not transferable or redeemable for cash except as required by law. Promotional codes 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 fares, Lifti may deduct the amount attributable to the Service Fee, or Other Charges before application of the promotional code. If you split payment for a Ride with another User, your promotional code will only apply to your portion of the Charges. Additional restrictions on promotional codes may apply as communicated to you in a relevant promotion or by clicking on the relevant Promotions section of the Lifti App.
Credit Card Authorization. Upon addition of a new payment method or each ride request, Lifti may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behaviour. 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 available balance in your account, you may be subject to overdraft charges by the bank issuing your debit or credit card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Payouts to drivers
If you are a Driver, you will receive payment for your provision of Services. Lifti will deposit your earnings into your stipulated bank account every 7 (seven) to 10 (ten) working days. As a driver you a required to provide correct account details, therefore Lifti shall not be held responsible for any incorrect bank account details. The payment due to Drivers is less the stipulated Lifti 20% commission and service fees.
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the Lifti 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 Passengers in all jurisdictions in which you provide Services.
You own, or have the legal right to operate the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and provincial department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behaviour 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 Services, 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 Lifti community or third parties.
You will only provide Services using the vehicle that you have registered on the Lifti Platform, and for which a photograph and registration number has been provided to Lifti, and you will not transport more passengers than can securely be seated in such a vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the 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 to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You may not use the Lifti Platform for profit, you agree to use it for cost sharing purposes only.
You will not attempt to defraud Lifti or Passengers on the Lifti Platform or in connection with your provision of 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.
You will make reasonable accommodation for disabled Passengers and/or for service animals.
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 while being a registered and active driver through the Lifti platform.
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 Services. It is your sole responsibility to check with your vehicle insurance company regarding their carpooling policies under your insurance agreement.
You will pay all applicable provincial and national taxes based on your provision of Services and any payments received by you.
The following disclaimers are made on behalf of Lifti and Startup Co, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Lifti does not provide transportation services, and Lifti is not a transportation carrier. Lifti 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 Passenger contacted through the Lifti Platform, and it is up to the Passenger to decide whether or not to accept a ride from any Driver contacted through the Lifti Platform. We cannot ensure that a Driver or Passenger 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 Services.
The Lifti 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 Lifti Platform and/or the Services, including the ability to provide or receive 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.
We do not warrant that your use of the Lifti Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Lifti Platform will be corrected, or that the Lifti 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 Lifti Platform or Services.
We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the Lifti Platform and Services, including looking at the photos of the Driver or Passenger 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 pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Lifti Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
Lifti is not responsible for the conduct, whether online or offline, of any User of the Lifti Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Lifti Platform and participating in the Services, you agree to accept such risks and agree that Lifti is not responsible for the acts or omissions of Users on the Lifti Platform or participating in the Services.
You are responsible for the use of your User account and Lifti 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 Lifti Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Lifti Platform or through the Services. Please carefully select the type of information that you post on the Lifti Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Lifti or made available through the Lifti 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 Lifti Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Lifti 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 Lifti 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 Lifti, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Lifti Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Lifti Platform may be accessible to Lifti and certain Users of the Lifti Platform.
Lifti advises you to use the Lifti Platform with a data plan with unlimited or very high data usage limits, and Lifti shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Lifti Platform.
This paragraph applies to any version of the Lifti Platform that you acquire from the Apple App Store or Google Play Store. This Agreement is entered into between you and Lifti. Apple, Inc. (“Apple”) and Google LLC (Google) are not parties to this Agreement and shall have no obligations with respect to the Lifti Platform. Lifti, not Apple nor google, is solely responsible for the Lifti Platform and the content thereof as set forth hereunder. However, both Apple and Google, and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google 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 and Google’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.
In addition to connecting Passengers with Drivers, the Lifti Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Lifti Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of South Africa, to connect with local transportation platforms and request rides from local drivers (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 Lifti Platform, you authorize Lifti to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Lifti 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 Lifti Platform.
Provision of Services
We may modify, suspend or discontinue any or all of the contents of the Lifti Platform from time to time in our absolute discretion.
We may terminate your access to the Lifti Platform at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a Registered User of the Lifti Platform, your only recourse is to discontinue your use of the Website/App and notify us that you have terminated your membership. Upon termination, your right to use the Website/App immediately ceases.
Communications from Us
You agree that we may send email, SMS’s, phone calls, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.
LIMITATION OF LIABILITY
Copyright and Limited Reproduction Notices
The contents of the Website/App are the copyright and trademark of Lifti and its licensees. No part of the Website or mobile App may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Lifti Platform may be resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic forms) except that you may print, or download to your hard drive, extracts from the Lifti Platform only for your own use.
The contents of the Lifti Platform may include links to third party materials ('linked sites'). Lifti will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.
Any dealings with any advertiser appearing on the Lifti Platform are solely between you and the advertiser or other third parties. We are not responsible or liable for any part of any such dealings or promotions.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Lifti.
YOU AND LIFTI 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 International Arbitration Act and survives after the Agreement terminates or your relationship with Lifti 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 Lifti, 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 Lifti’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 LIFTI. 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 Lifti Platform, the Services, any other goods or services made available through the Lifti Platform, your relationship with Lifti, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Lifti’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Lifti, 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 state consumer protection laws; claims arising under antitrust laws, if any, addressing the same or similar subject matters, and all other 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 LIFTI 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 LIFTI 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 LIFTI 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 LIFTI.
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 favour 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 as to any Claims, then those Claims shall be severed from any remaining claims 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 to the fullest extent possible.
(c) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Lifti 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 Lifti. 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.
Extension of this Agreement to Startup Co
You hereby also agree to extend this Terms and Conditions Agreement to Startup Co Pty Ltd, developers of Lifti and service providers for Lifti. You agree to indemnify and hold harmless Startup Co, its officers and employees, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from your participation in or involvement in the Lifti.