These Terms of Use (“Terms of Use” or “Agreement”) apply to the use of the SmartRide DRT on-demand rideshare service. This Agreement is a legally binding agreement made between you (“you,” “your”) and EARADAT TRANSPORT COMPANY. Other words used in these Terms of Use are defined below.
You may use the SmartRide DRTService through the domain https://earadat.com, through a different domain or sub-domain (including via third party domains) or through mobile phone applications. This Agreement applies to your use of the SmartRide DRTService regardless of the method through which it is accessed.We may amend these Terms of Use at any time and post the amended terms on the https://earadat.com website or such other methods through which the SmartRide DRTServices are accessed. Your continued use of the SmartRide DRTService indicates your agreement to be bound by the terms of use in effect at the time of such use.
For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.
This Agreement is effective upon registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites.
“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use. “EARADAT TRANSPORT COMPANYEntities” means EARADAT TRANSPORT COMPANYand its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “SmartRide DRT Entities” means SmartRide DRT and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “SmartRide DRTPartners” means SmartRide DRTservice providers, licensees, customers, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners. “Driver” means a User who arrangesto provide rides to passengers. “Promotion” means a SmartRide DRTor a third party’s program or promotional campaign. “Rider/Pick-up” means a User who obtains rides from Drivers. “Shared Transport” means any demand-driven vehicle-sharing arrangement, in which travellers share a vehicle either simultaneously (e.g. ride-sharing) or over time (e.g. carsharing or bike sharing), and in the process, share the cost of the journey, thereby creating a hybrid between private vehicle use and mass or public transport.Shared Transport systems include carsharing (also called car clubs in the UK), bicycle sharing (also known as PBS or Public Bicycle Systems), carpools and vanpools (also known as ride-sharing or lift-sharing), dynamic ridesharing, slugging, casual carpooling, community buses and vans, demand responsive transit (DRT), paratransit, a range of taxi projects, hitchhiking and its numerous variants. “Site(s)” means the https://earadat.com website or such other site through which the SmartRide DRTServices may beaccessed. “Trip” means an arranged trip between a Driver and one or more Riders. “User” means any registered user of the SmartRide DRTServices.
The SmartRide DRTService enables Users to arrange to use Shared Transport, and provides a communications platform and other services related to those shared rides.
Use of the SmartRide DRTService will introduce you to people registered with the SmartRide DRTService for the purposes of Shared Transport or any other service offered by the SmartRide DRTService. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the SmartRide DRTService or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will SmartRide DRTEntities or SmartRide DRTPartners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the SmartRide DRTServices.
Eligibilityyou are at least 18 years of age;you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanour within the past three (3) years.For Drivers:you are at least 18 years of age;you have a current and valid driver’s license;you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;you carry liability insurance that covers bodily injury to all occupants of your vehicle;you have no record of convictions for serious driving offenses;you are medically fit to act as a Driver;you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or companyfor driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangementyou follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the SmartRide DRTService. SmartRide DRTreserves the right, in its sole discretion, to refuse or deny access to the SmartRide DRTService to any individual for any reason or no reason.
A valid email address and email account is required for using the SmartRide DRTService. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the SmartRide DRTService. Drivers must download the SmartRide DRTmobile phone application to use the SmartRide DRTService and must carry their mobile phone with them during Trips in order for the Trips to be registered with the SmartRide DRTService. Drivers are advisedto adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the SmartRide DRTService, a mobile device with services from a service provider supported by the SmartRideDRTSoftware and a plan which allows you access to SmartRide DRT’s mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the SmartRide DRTService through your mobile phone. Should your mobile number or service provider change, please record your updated mobile phone information in the SmartRide DRTService.
We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credit or coupons we make available to you are not redeemable for cash and will be forfeited upon termination of this Agreement, regardless of the reason for termination. Promotional credit received by the User is also automatically forfeited after 3 months of inactivity.
Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. SmartRide DRTdoes not necessarily actively monitor feedback and ratings left by Users. SmartRide DRTretains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the SmartRide DRTService. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your relevant local authority.
We reserve the final right to judge acceptable use of the SmartRide DRTService. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the SmartRide DRTService or any activity we believe is not compliant with our Terms of Use and SmartRide DRTService Privacy Policy.
damage, disable, overburden, or impair the SmartRide DRTService (or any network connected to the SmartRide DRTService);resell or redistribute the SmartRide DRTService, SmartRide DRTSoftware or any part of it;damage, disable, overburden, or impair the SmartRide DRTService (or any network connected to the SmartRide DRTService);use any unauthorised means to modify, reroute, or gain access to the SmartRide DRTService;harm or disrupt another User’s computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming;Mislead other Users by providing inaccurate information.Mislead other Users by providing inaccurate information.You also agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the SmartRide DRTService in any way to:
Harass, defame, intimidate or threaten another User, person or organization;Interfere with another User’s rights to privacy;Distribute chain letters, surveys or contests;Post any material that is defamatory, obscene or indecent;Post any trademarks, logos or copyrighted material without the authorization of the owner;Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); orAdvertise or sell any goods or services.Accounts & PasswordsYou must keep your accounts and passwords confidential and not authorize any third party to access or use the SmartRide DRTService on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You maynot disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.
The SmartRide DRTService and SmartRide DRTSoftware are the property of EARADAT TRANSPORT COMPANY, and are protected by copyright law and other intellectual property rights. The structure, organization and code of theSmartRide DRTService and SmartRide DRTSoftware are proprietary to EARADAT TRANSPORT COMPANY. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the SmartRide DRTService or SmartRide DRTSoftware; all rights not expressly granted are reserved by EARADAT TRANSPORT COMPANY. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the SmartRide DRTService or SmartRide DRTSoftware by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the SmartRide DRTSite, the SmartRide DRTService or the SmartRide DRTSoftware (collectively, “Feedback”), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.
We will use all reasonable efforts to provide the SmartRide DRTService in a reliable and secure way –however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will SmartRide DRTEntities or SmartRide DRTPartners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE SMARTRIDE DRT SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, EARADAT TRANSPORT COMPANY, EARADAT TRANSPORT COMPANYPARTNERS, SMARTRIDE DRT, SMARTRIDE DRT PARTNERS,AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CARPOOL SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. SMARTRIDE DRT DOES NOT WARRANT THAT THE OPERATION OF THE SMARTRIDE DRT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SmartRide DRT’s entire liability and your exclusive remedy for errors or unavailability of the SmartRide DRTService will be, at SmartRide DRT’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the SmartRide DRTService.
I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such informationto anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand SmartRide DRTuses online and offline media to publish updates about the program. SmartRide DRTwill send you regular emails and/ or phone messages to invite you to use the SmartRide DRTService, and to help match you with people along your route. You will also have the ability to interact online with otherParticipants through the Website, a Facebook page, Twitter, and other media that will be made available by SmartRide DRTfor that purpose. Your personal information may be used in one of the following ways:
To sign you up as a SmartRide DRTService user.To send periodic, targeted emails or phone messages. You can unsubscribe from such communications at any time by following instructions that are provided in each email, by altering the notification settings in the SmartRide DRTsmartphone application, or by sending an email to info@earadat.com
To publish your profile as a Participant, including pictures and status updates that you willingly share with SmartRide DRT, and your SmartRide DRTService usage summary, on our Website, Facebook page and Twitter.
Toadminister the Incentive Plan
To help participants use the SmartRide DRTapp and find carpool matches.To compile aggregated statistics about participation in program and usage of the SmartRide DRTService, and To use in pilot for research purposes aboutyour travel behaviour.Program Incentives
SmartRide DRT and Trusted Partners may provide incentives and rewards plan that allow users to earn prizes based on your usage of the SmartRide DRTService and your interactions with other Participants or potential Participants.
Incentives may be offered to increase your use of the SmartRide DRTService, help recruit additional Participants, and take part in social activities that strengthen the sense of community among Participants. Incentives are only available to you if you are part of a Trusted network.
The Incentive Plan comprises the following types of incentives, which will be changed periodically in each partner at the discretion of the SmartRide DRTadministration:
Weekly raffles: the entry rules and prizes for each raffle will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above. A random draw may be conducted by SmartRide DRTadministrators will determine the winner of each raffle.
Monthly contests: the rules and prizes for each contest will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.
Additional incentives: additional incentives may be offered to certain Participants on an exclusive or non-exclusive basis to encourage specific actions or behaviours. For instance, select Participants may qualify for additional fuel or parkingincentives.
Milestone Prizes: Participants may be awarded a prize either in the form of a gift card, SmartRide DRTrider credits or other prize for reaching a certain milestone. This may include a set number of shared trips, a set number of interactions with other SmartRide DRTusers etc. Rules for such prizes will be posted on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.
SmartRide DRT administrators will make reasonable attempts to deliver prizes to winning Participants, including contacting them by email or phone. Trusted Partners may retain any prize that is not claimed within 60 days of the award date, and reserve the right to verify the validity of entries and to disqualify any Participantwho fails to comply with the present Terms and Conditions.
For client-specific Terms and Conditions please use the following links:
This Agreement begins on the date you complete your registration for the SmartRide DRTService and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at info@earadat.com. We may terminate this Agreement or suspend your User account and/or access to the SmartRide DRTService at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the SmartRide DRTService and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.
If you have any questions regarding any legal aspect of this document, please send us an e-mail at info@earadat.com.