THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH COOLRYDS OFFERS YOU ACCESS TO THE COOLRYDS PLATFORM. These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and MZ Holdings Ltd (“CoolRyds,” “we,” “us” or “our”) , governing your use of the CoolRyds application, website, and technology platform (collectively, the “CoolRyds Platform”). The CoolRyds Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the CoolRyds Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. COOLRYDS DOES NOT PROVIDE TRANSPORTATION SERVICES, AND COOLRYDS IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE COOLRYDS PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE COOLRYDS PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE COOLRYDS PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS. By creating your User account and using the CoolRyds Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE COOLRYDS PLATFORM OR THE SERVICES.
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the CoolRyds Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the CoolRyds Platform or the Services.
The CoolRyds Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law.
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, plus any tips to the Driver that you elect to pay.
As a Driver, you will receive applicable Ride Fees (net of CoolRyds’ Administrative Fee, as discussed below) and any tips provided by Riders to you for the Services you provide. CoolRyds will process all payments due to you through its third party payments processor. You expressly authorize CoolRyds to set the prices on your behalf for all Charges that apply to the provision of Services. CoolRyds reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse CoolRyds or CoolRyds’ payment systems.
In exchange for permitting you to offer your Services through the CoolRyds Platform and marketplace as a Driver, you agree to pay CoolRyds (and permit CoolRyds to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. CoolRyds reserves the right to change the Administrative Fee at any time in CoolRyds’ discretion based upon local market factors, and CoolRyds will provide you with notice in the event of such change. Continued use of the CoolRyds Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.
CoolRyds, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with CoolRyds.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the CoolRyds Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. CoolRyds does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or CoolRyds for accessing the CoolRyds Platform. You are solely and fully responsible for all activities that occur under your User account, and CoolRyds 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.
As part of the functionality of the CoolRyds Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the CoolRyds Platform or allowing CoolRyds to access your SNS Account. By granting CoolRyds access to any SNS Accounts, you understand that CoolRyds may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the CoolRyds Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on theprivacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the CoolRyds Platform.
With respect to your use of the CoolRyds Platform and your participation in the Services, you agree that you will not:
By providing Services as a Driver on the CoolRyds Platform, you represent, warrant, and agree that:
All intellectual property rights in the CoolRyds Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the CoolRyds Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of CoolRyds. CoolRyds shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
CoolRyds, the CoolRyds logos, designs, graphics, icons, scripts and service names are trademarks, trademarks or trade dress of CoolRyds (collectively, the “CoolRyds Marks”). If you provide Services as a Driver, CoolRyds grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the CoolRyds Marks solely in connection with providing the Services through the CoolRyds Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without CoolRyds’ prior written permission, which it may withhold in its sole discretion. The CoolRyds Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that CoolRyds is the owner and licensor of the CoolRyds Marks, and that your use of the CoolRyds Marks will confer no additional interest in or ownership of the CoolRyds Marks in you but rather inures to the benefit of CoolRyds. You agree to use the CoolRyds Marks strictly in accordance with CoolRyds’ Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that CoolRyds determines to nonconforming or otherwise unacceptable.
You agree that you will not:
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE COOLRYDS PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE COOLRYDS PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF COOLRYDS’ INSURANCE POLICIES REFERENCED AT WWW.COOLRYDS.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE COOLRYDS PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that you have a dispute with one or more Users, you agree to release CoolRyds (including our affiliates and each of our respective officers, ]directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the CoolRyds Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the CoolRyds Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the CoolRyds Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the CoolRyds Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the CoolRyds Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to CoolRyds’ business, operations and properties, including User information (“Confidential Information”) disclosed to you by CoolRyds for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of CoolRyds in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to CoolRyds with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by CoolRyds or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of CoolRyds; becomes known to you, without restriction, from a source other than CoolRyds without breach of this Agreement by you and otherwise not in violation of CoolRyds’ rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to CoolRyds to enable CoolRyds to seek a protective order or otherwise prevent or restrict such disclosure.
You and CoolRyds are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed by the laws of Jamaica. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CoolRyds, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and CoolRyds with respect to the subject matter hereof.
CoolRyds provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. CoolRyds gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service