Terms of Service Hitchwise Experience sharing app

Terms of Service

LAST UPDATED: FEBRUARY 2024

HITCHWISE TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR APP

1. WELCOME TO HITCHWISE

1.1 Hitchwise operates a trip connection platform accessible on a mobile application available to download on a website at the address (www.hitchwise.com), or directly available for download on your mobile device (“Hitchwise App” or “App”) Hitchwise App allows users who are organising or attending trips and also drivers or passengers who wish to go to the same place, to connect and share the trip or journey. They can also share the associated costs of driving (the “Hitchwise Service” or “Service”).

1.2 The Hitchwise Service is provided by Hitchwise Limited ("Hitchwise", "we", "our", or

"us").

2. WHAT’S IN THESE TERMS?

2.1 This document and any documents referred to within it (collectively, the "Terms of

Service") set out the terms of your relationship with us. Please read them carefully to

ensure that you understand the Terms of Service before using the Hitchwise Service.

2.2 By downloading and using the Hitchwise App, you agree to these Terms of Service. If you

do not agree to these Terms of Service, please do not access or use the Hitchwise Service.

3. INFORMATION ABOUT US

3.1 Hitchwise Limited is a company registered in England & Wales, with company number

14664112 and its registered address at 1 Warner House, Harrovian Business Village, Bessborough Road, Harrow, Middlesex HA1 3EX .

4. INFORMATION ABOUT YOU

4.1 Your privacy is important to us. You should read our Privacy Policy to understand how we

collect, use and share information about you.

5. DESCRIPTION OF THE HITCHWISE SERVICE

5.1 The Hitchwise Service allows users to host trips on the platform and allows users who wish to find available trips to book on to these trips with other members of the public

5.2 The Hitchwise Service also allows passengers to the ride share with other people that are going to the same place or in the same direction and to connect and share the cost of that journey.

5.3 Any use of these app features should comply with our Rules of Acceptable Use below.

6. REGISTRATION ON THE PLATFORM AND CREATION OF AN ACCOUNT

6.1 To access the Hitchwise Service, you must download the Hitchwise App on your device and set up an account by logging in with your Google or Apple account. Alternatively, you can input your phone number and we will send you a verification code. Users will then choose a username and we will then provide you access to log on to the Hitchwise App (your "Account").

6.2 You must be 18 years or older and capable in the United Kingdom of entering into a legally

binding agreement to use the Hitchwise Service.

6.3 You are responsible for maintaining the confidentiality of your login details and for any

activities that occur under your Account. If you have any concerns that your Account may

have been misused, you should contact us at help@hitchwise.com straight away to let us

know.

7. YOUR RIGHT TO USE THE HITCHWISE SERVICE

7.1 The materials and content comprising the Hitchwise Service (other than any User Content)

belong to us or our third party licensors, and we give you permission to use these materials

and content for the sole purpose of using the Hitchwise Service in accordance with these

7.2 Your right to use the Hitchwise Service is personal to you and you are not allowed to give

this right to any other person. Your right to use the Hitchwise Service does not stop us from

giving other people the right to use the Hitchwise Service.

7.3 Unless allowed by these Terms of Service or as permitted by the functionality of the

Hitchwise Service, you agree:

(a) not to copy, or attempt to copy the Hitchwise App or any other portion of the

Hitchwise Service;

(b) not to give or sell or otherwise make available the Hitchwise App or any other

portion of the Hitchwise Service to anybody else;

Hitchwise Service in any way;

(d) not to look for or access the code of the Hitchwise App or any other portion of the

Hitchwise Service that we have not expressly published publicly for general use.

7.4 You agree that all confidential information, copyright and other intellectual property rights

in the Hitchwise App or any other portion of the Hitchwise Service belong to us or the

people who have licenced those rights to us.

7.5 You agree that you have no rights in or to the Hitchwise App or any other portion of the

Hitchwise Service other than the right to use and access them in accordance with these

8. YOUR CONTENT

8.1 You confirm that any images, text or information that you make available or create ("User

Content") while using the Hitchwise Service will meet the Rules of Acceptable Use.

8.2 We do not claim ownership of your User Content, and ownership will remain with you and

any third party whose content you include in your User Content. Instead, you grant us a

worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce,

distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise

make available the User Content anywhere and in any form for the purposes of providing

the Hitchwise Service (including allowing users that you give access to any User Content

to view and use your User Content).

8.3 You must ensure that you are able to grant us the above licence for any content owned by

a third party that you include in your User Content.

8.4 Our right to use your User Content does not in any way affect your privacy rights. Please

see our Privacy Policy which provides information on how we use your personal

information.

8.5 We have the right to monitor any User Content and to reject, refuse or delete any User

Content where we think that it breaks any of the Rules of Acceptable Use.

9. RULES OF ACCEPTABLE USE

9.1 In addition to the other requirements within these Terms of Service, this section describes

specific rules that apply to your use of the Hitchwise Service (the "Rules of Acceptable

Use").

9.2 When using the Hitchwise Service you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the

Hitchwise Service;

(b) give any false or misleading information, impersonate any person or permit any

other person to use the Hitchwise Service under your name or on your behalf unless

such person is authorised by you;

(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that

causes damage or injury to any person or property;

(e) modify, interfere, intercept, disrupt or hack the Hitchwise Service;

(f) misuse the Hitchwise Service by knowingly introducing viruses, Trojans, worms,

logic bombs or other material which would harm any of the Hitchwise Service or

any user of the Hitchwise Service's own equipment;

(g) collect any data from the Hitchwise Service other than in accordance with these

(h) submit or contribute any User Content that contains nudity or violence or is

abusive, threatening, obscene, misleading, untrue or offensive;

(i) submit or contribute any User Content that you do not own or have the right to use

or otherwise infringe the copyright, trademark or other rights of third parties;

(j) use any User Content in violation of any licensing terms specified by the owner;

(k) submit or contribute any information or commentary about another person

without that person's permission;

(l) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or

needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other

person; or

(m) use any automated system, including without limitation "robots", "spiders" or

"offline readers" to access the Hitchwise Service in a manner that send more

request messages to the Hitchwise Service than a human can reasonably produce

in the same period of time.

9.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these

without notice):

(a) immediate, temporary or permanent withdrawal of your right to use the relevant

Hitchwise App;

(b) immediate, temporary or permanent removal of any User Content;

(d) legal action against you including proceedings for reimbursement of all costs

(including, but not limited to, reasonable administrative and legal costs) resulting

from the breach;

(e) disclosure of such information to law enforcement authorities as we reasonably feel

is necessary.

9.4 The responses described in paragraph 9.3 are not limited, and we may take any other action

we reasonably deem appropriate.

10. DRIVER’S RESPONSIBILITIES AND ACCEPTANCE

10.1 An individual using the Service to offer to transport other individual(s) in the same

direction or to the same place (“Driver”) in exchange for a contribution towards the costs of travel known as

(“Cost Contribution”) understands it must comply with these Terms of Service to

transport passengers.

10.2 As a Driver, you agree to the following responsibilities, and confirm:

(a) you understand you must hold a valid driving licence issued by the appropriate

authorities in the United Kingdom. By registering as a driver on the Hitchwise App,

you represent and warrant that you possess a valid driving licence and are

authorised to operate a motor vehicle in accordance with the applicable laws and

regulations in the United Kingdom;

(b) while using the Service you shall:

(i) comply with all applicable traffic laws and regulations in the United

Kingdom;

(ii) maintain your vehicle in a properly serviced, roadworthy, and safe

condition, adhering to all relevant safety standards applicable to

drivers in the United Kingdom;

(iii)obtain and maintain appropriate insurance coverage for your

vehicle, which would include, but is not limited to: (i) third-party

liability insurance, (ii) collision insurance, (iii) comprehensive

insurance, (iv) personal injury protection and (v) rideshare

insurance, as mandated by law or in your insurance policy terms;

(iv) accurately disclose information about your vehicle, including

make, model, and registration number, when requested on the

Hitchwise App;

(v) ensure your vehicle remains clean and well-maintained to provide

passenger comfort and safety; and

(vi)treat passengers courteously and respectfully at all times.

11. PASSENGER’S RESPONSIBILITIES AND ACCEPTANCE

11.1 Passenger’s responsibilities and acceptance

(a) As a passenger booking a seat to be transported by a Driver using the Hitchwise

App (“Passenger”) and using the Service you agree and confirm you shall:

(i) act courteously and responsibly during rides, showing respect to both the

driver and fellow passengers;

(ii) accurately provide information regarding their pick-up and drop-off

locations;

(iii) arrive punctually for scheduled rides and promptly communicate any

changes or delays to the driver; and

(iv) adhere to any rules or guidelines established by the driver, such as wearing

seatbelts or refraining from smoking in the vehicle.

11.2 Use of Hitchwise Service

(a )The Hitchwise App has made it available on the platform for:

(i) Passengers to search and find available car journeys going in their direction of travel; and

(ii) travellers to find available trips in a particular destination they would like to be apart of. (each a “Trip” and together the “Trips”).,

(b) When you book a seat / Place on the App, this constitutes an offer by you to engage in the Hitchwise Service in accordance with these Terms of Service. This booking request will set out the main characteristics of the Hitchwise Service (including pick up and drop off points and suggested Cost Contribution) (“Booking”).

(c) Once you have made a booking, it is your responsibility to contact the trip organiser or Driver to make the necessary arrangements. There is no obligation on us or the trip organiser or Driver to accept a booking or engage with you and it may be declined for any reason.

(d) A trip organiser or Driver may cancel a Trip or remove you from a Trip for any reason.

12. COST CONTRIBUTION AND PRICE

12.1 Drivers

(a) When you upload an available Trip on the App, Hitchwise will make available on

the App a suggested maximum amount for a Cost Contribution per passenger

(“Cost Contribution Limit”).

(b) Notwithstanding 12.2(A) above, the final Cost Contribution is determined by you,

as Driver, under your sole responsibility. You are strictly prohibited to profit in any

way from using our Service.

you actually incur to make the Booking, or to use the Cost Contribution Limit.

Otherwise, you alone will bear the risks of re-characterisation of the transaction

completed via the Hitchwise App.

12.2 Passengers

(a) The Driver shall be responsible for choosing the Cost Contribution and such Cost

Contribution shall be confirmed and requested by the Driver on the Hitchwise and

subsequently accepted by you as Passenger for your contribution to the travel costs.

(b) Hitchwise calculates the Cost Contribution Limit suggested on the app using the

length of your trip. Trips over 17 miles in total shall be calculated using HMRC’s

Mileage Payment Allowance and Trips under 17 miles in total shall be calculated

using RAC’s method of Calculation (as applicable depending on the length of trip),

to ensure that the Driver does not profit from the journey.

Contribution to the Driver in accordance with these Terms of Service.

13. No criminal background or identity verification checks

13.1 Hitchwise does not conduct criminal background or identity verification checks on its users. Though Hitchwise strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the platform. Use your best judgement when interacting with others and review our Safety Guidelines.

13.2 You understand that Hitchwise does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. Hitchwise makes no representations or warranties as to the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of users. Hitchwise reserves the right to conduct - and you authorise Hitchwise to conduct - any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorise the company to obtain and use a consumer report about you to determine your eligibility under these terms.

13.3 You are solely responsible for your interactions with other users. We cannot and do not guarantee your safety and are not a substitute for following the Safety Guidelines and other sensible safety precautions. Always use your best judgement and take appropriate safety precautions when communicating with or meeting new people. Communications received through the platform, including automatic notifications sent by Hitchwise, may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other such improper behaviour.

13.4 Though Hitchwise strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the platform or meet in person.

13.4 Hitchwise assumes no responsibility for any content that you or another user or third party posts, sends, receives, or acts on through our services, nor does Hitchwise assume any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through Hitchwise. Any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion and risk. Hitchwise is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.

14. NOTICE AND TAKEDOWN POLICY

14.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any

content available through the Hitchwise Service infringes their rights or fails to comply

with our Rules of Acceptable Use. The Infringement Notice should be sent by email to

help@hitchwise.com. Please provide the following information in the Infringement Notice:

(a) your name and contact details;

(b) a statement explaining in sufficient detail why you consider that the content

available through the Hitchwise Service infringes your rights or fails to comply with

our Rules of Acceptable Use; and

14.2 We will take the action that we believe is appropriate depending on the nature of the

Infringement Notice and will aim to respond to you within a reasonable period of time on

the action we propose to take.

15. ENDING OUR RELATIONSHIP

15.1 If at any time you do not feel that you can agree to these Terms of Service or any changes

made to the Terms of Service or the Hitchwise Service, you must immediately stop using

the Hitchwise Service.

15.2 You can close your Account from your profile page in the Hitchwise App by selecting

“Delete Account”. You will not be able to set up an account with the same email address

again or restore your profile once you have deleted your Account.

15.3 We may immediately end your use of the Hitchwise Service if you break the Rules of

Acceptable Use, any other important rule(s), or terms and conditions we set for accessing

and using the Hitchwise Service including these Terms of Service.

15.4 We may also withdraw any part of the Hitchwise Service as long as we give you reasonable

notice that we plan to do this.

15.5 If you or we end your use of the Hitchwise Service or we withdraw the Hitchwise Service as

described in this section, we may delete any User Content that you have uploaded to the

Hitchwise Service or any other information we hold about you. You will also lose any rights

you have to use the Hitchwise Service or to access any of your User Content. You should

therefore ensure that you keep a copy of any User Content, as we will not offer you

compensation for any losses you might suffer if you lose your rights to access and use the

Hitchwise Service or User Content.

15.6 The termination of your use of the Hitchwise Service and the cancellation of your Account

shall not affect any of your obligations to pay any sums due to us.

16.7 Nothing in this paragraph 16.7 affects any legal rights you may have under the law of the

country in which you are resident.

16. OUR LIABILITY/RESPONSIBILITY TO YOU

16.1 While we will do our best to ensure that the content created by users of the Hitchwise App

is of a reasonable standard and quality and match any descriptions we have provided you,

the Hitchwise App and any other portion of the Hitchwise Service may contain some

content owned or developed by third parties. As we do not own or produce such third party

content, we cannot be responsible for it in any way.

16.2 In addition, due to the nature of the Internet and technology, the Hitchwise Service is

unfortunately provided on an "as available" and "as is" basis. This means that we are unable

to promise that your use of the Hitchwise Service will be uninterrupted, without delays,

error-free or meet your expectations and we do not give any commitment relating to the

performance or availability of the Hitchwise Service in these Terms of Service and, to the

extent we are able to do so, we exclude any commitments that may be implied by law.

16.3 Since the Hitchwise Service is provided for free, in the event of a claim arising out of the

provision of the Hitchwise App or any other part of the Hitchwise Service, we shall have no

responsibility whatsoever to you.

16.4 In every case, we will never be responsible for any loss or damage that is not reasonably

foreseeable.

17. RESOLVING DISPUTES

17.1 If you have a dispute with us relating to the Hitchwise Service, in the first instance please

17.2 In the unlikely event that we have not been able to resolve a dispute informally, we will

discuss and agree with you the most effective way of resolving our dispute.

18. CHANGES TO THE HITCHWISE SERVICE

18.1 We are constantly updating and improving the Hitchwise Service to try and find ways to

provide you with new and innovative features and services. Improvements and updates are

also made to reflect changing technologies, tastes, behaviours and the way people use the

Internet and the Hitchwise Service.

18.2 In order to do this, we may need to update, reset, stop offering and/or supporting a

particular part of the Hitchwise Service, or feature relating to the Hitchwise Service

("changes to the Hitchwise Service"). These changes to the Hitchwise Service may

affect your past activities on the Hitchwise Service, features that you use and your User

Content ("Service Elements"). Any changes to the Hitchwise Service could involve your

Service Elements being deleted or reset.

18.3 You agree that a key characteristic of the Hitchwise Service is that changes to the Service

will take place over time, and this is an important basis on which we grant you access to

the Service. Once we have made changes to any part of the Service, your continued use of

the Hitchwise Service will show that you have accepted any changes to the Service. You are

always free to stop using the Service.

19. CHANGES TO THE DOCUMENTS

19.1 We may revise these Terms of Service from time to time but the most current version will

always be at help@hitchwise.com or in the relevant section of the Hitchwise App or

website.

19.2 Changes will usually occur because of new features being added to the Hitchwise Service,

changes in the law or where we need to clarify our position on something.

19.3 Normally, we will try to give you some warning before the new terms become effective.

However, sometimes changes will need to be made immediately and if this happens we will

not give you any notice.

20. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

20.1 The current version of the Terms of Service contains the only terms and conditions that

apply to our relationship with you.

20.2 We intend to rely on these Terms of Service as setting out the written terms of our

agreement with you for the provision of the Hitchwise Service. If part of the Terms of

Service cannot be enforced then the remainder of the Terms of Service will still apply to

our relationship.

20.3 If you do not comply with these Terms of Service and we do not take action immediately,

this does not mean we have given up any right we have and we may still take action in the

future.

21. SEVERABILITY

If any provision of these Terms of Service is judged to be illegal or unenforceable, this will

not affect the continuation in full force and effect of the remainder of the provisions.

22. LAW

These Terms of Service shall be governed by and construed in accordance with the laws of

England & Wales. The courts of England & Wales will have non-exclusive jurisdiction over

any dispute arising from or related to your use of the Hitchwise Service. This does not affect

your rights under the law of the country in which you are resident, including your right to

have a dispute in relation to your use of the Hitchwise Service heard in the courts of that

country.

23. CONTACT, FEEDBACK AND COMPLAINTS

23.1 If you need to contact us in relation to these Terms of Service or any other document

mentioned in them, please email us at help@hitchwise.com.

23.2 We value hearing from our users, and are always interested in learning about ways we can

improve the Hitchwise Service. By providing your feedback you agree that you are giving

up any rights you have in your feedback so that we may use and allow others to use it

without any restriction and without any payment to you.

Terms of Service

Hitchwise LIMITED

help@hitchwise.com