ARRO is a technology platform that brings together licensed for-hire transportation providers with customers (“ARRO”) provided by or on behalf of ARRO Operating (UK) Ltd., an English company in England and Wales with a company number of 10518214 and a registered office address of Salisbury House, London Wall, London, England, EC2M 5PS (“ARRO”, “we”, “us” and “our”).
- YOUR USE OF THE SERVICES
1.1 You will become a customer of ARRO whenever you use any service provided by ARRO including without limitation using the ARRO website, mobile application (including when you register) or paying for any Journey with ARRO (the “ARRO service(s)”). You will be deemed to have accepted these terms and conditions (“Terms”) each time you register with us or use the ARRO app and/or whenever you use any ARRO services. As used herein, the term “Journey” shall refer to any trip you book through use of the ARRO services.
1.2 You agree:
1.2.1 and promise that all information and details provided by you to us when you register for or use any ARRO service(s) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the ARRO app;
1.2.2 that, subject to your compliance with these Terms, ARRO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the ARRO services on your personal device solely in connection with your use of any ARRO services; and (ii) access and use any content, information and related materials that may be made available through the ARRO services, in each case solely for your personal, non-commercial use.
1.2.3 that any rights not expressly granted herein are reserved by ARRO and ARRO’s licensors, and your use of any ARRO services grants you no rights in relation to such services, including in our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to ARRO software, applications and website) or the intellectual property of our partners;
1.2.4 you may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the ARRO services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the ARRO services except as expressly permitted by ARRO; (ii) decompile, reverse engineer or disassemble the ARRO services except as may be permitted by applicable law; (iii) link to, mirror or frame any portion of the ARRO services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ARRO services or unduly burdening or hindering the operation and/or functionality of any aspect of the ARRO services (including, without limitation, transfer files that contain viruses, trojans or other harmful programs); (v) attempt to gain unauthorized access to or impair any aspect of the ARRO services or its related systems or networks; (vi) use any of the ARRO services for any purpose other than for the purpose for which they are provided to you; use any of the ARRO services for any unlawful purpose; (vii) in any way that interrupts, damages, impairs or renders ARRO less efficient; (viii) use any of the ARRO services to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; or (ix) to advertise or promote third party or your own products or services;
1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
1.2.7 that you are at least 18 years of age and will not allow persons under 18 years of age to receive ARRO services unless you accompany them, and you will comply with all applicable laws in force from time to time (including, without limitation, to cause nuisance, annoyance, inconvenience, or property damage to another);
1.2.8 to, if asked, provide proof of identity to access or use the ARRO services and make payment in full for any Journey you take and/or in respect of using any ARRO services provided to you;
1.2.9 to treat drivers introduced to you through ARRO with respect and not to cause damage to their vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their vehicle or any ARRO services;
1.2.10 to indemnify and hold ARRO (and its affiliates as well as its officers, directors, employees and agents) harmless against any claims, legal proceedings, losses, liabilities or expenses (including attorneys’ fees) brought against us by any other person as a result of your use of the ARRO services or breach of these Terms.
12.9.11 and acknowledge that you are responsible for obtaining compatible hardware and the data network access necessary to use the ARRO services, and that your network’s data and messaging rates and fees may apply to your use of the ARRO services. The ARRO services may send you information via text message as part of the normal business operation of your use of the ARRO services, you may opt-out of receiving text messages from ARRO at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages; you acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
1.3 You acknowledge that ARRO does not provide transportation, logistics, delivery or vendor services or function as a transportation provider or carrier, and that all such transportation, logistics, delivery and vendor services are provided by independent third-party contractors who are not employed by ARRO. Accordingly, we are not responsible for the behaviour, actions or inactions of drivers which you may use (through ARRO or otherwise). Any contract for the provision of for-hire transportation services is only between you and the driver. ARRO only provides a technology platform to, among other things, introduce drivers and passengers and/or for payments to be made for Journeys.
- CHARGES AND PAYMENT
2.2 When you register to use the ARRO app, you will be given the option to preset a default “tip” percentage of your choosing. This will automatically be added to the fees at the end of each Journey unless you choose to override it with a different tip amount or to remove the tip;
2.3 Once you have used the ARRO services or made payment in advance of such services you will not be able to cancel (since the service has already been provided) and your payment will be taken automatically and is nonrefundable. If you have any complaint in relation to the services rendered by a third party then that dispute must be taken up with the service provider directly. Please note that as between you and ARRO, we reserve the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the ARRO services at any time in our sole discretion; should you have any questions or believe a charge was established, removed or revised in error please feel free to reach us at email@example.com.
2.4 In relation to any Journeys, you also agree to pay additional charges as set out in more detail on our website where you then do not complete that Journey or cancel an order when a vehicle has already been allocated to you. You also agree to pay for any damage or cleaning costs to the vehicle which you incur during your trip.
3.1 We may terminate these Terms or any ARRO services with respect to you, or generally, cease offering or deny access to the ARRO services or any portion thereof, at any time for any reason. We will provide you with as much notice as we reasonably can of such termination, cessation or denial. However, we reserve the right to terminate these Terms or any ARRO services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in our opinion, any delay in such termination would expose us or a third party to significant risk of harm or damage.
3.2 We reserve the right to suspend, restrict or terminate your access to any ARRO services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.3 Your access and use of the ARRO services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ARRO. If you do not agree to these Terms, you may not access or use the Services. You are under no obligation to use any of the ARRO services and may simply choose to stop using any of them any time. You will be able to cancel your registration for the ARRO app and cancel your account with us and/or to delete any details we hold about you by contacting us. You shall still be obliged to make any payment for any ARRO services (including any Journey) provided or booked up to and including the time you decide to no longer use any of our services and/or the time you delete any details we hold about you. We may keep the payment details you have provided to us even if you have deleted them in order to recover from you any monies that you may owe.
3.4 Supplemental terms may apply to certain ARRO services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable ARRO services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- OUR LEGAL OBLIGATIONS, DISCLAIMERS AND LIMITS ON OUR LIABILITY
4.1 The services are provided “as is” and “as available.” We disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
4.2 We shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages (including lost profits, lost data, personal injury or property damage) related to, in connection with or otherwise resulting from your use of the ARRO services, even if we have been advised of the possibility of such damages. We shall not be liable for damages, liability or losses arising out of your reliance on the ARRO services, your inability to access the ARRO services or any transaction or relationship between you and a third-party service provider. In no case shall our aggregate liability to you in connection with the provision of the ARRO services exceed €500.
4.3 ARRO shall not be liable for delay or failure in performance resulting from causes outside of our reasonable control.
4.4 The limitation and disclaimer in this Section 4 do not purport to limit or alter your rights as a consumer that cannot be excluded under applicable law.
ARRO may, in ARRO’s sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related from time to time to any of the ARRO services and/or to services provided by a third party, subject to any additional terms that ARRO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ARRO; (iii) may be disabled by ARRO at any time for any reason without liability to ARRO; (iv) may only be used pursuant to the specific terms that ARRO establishes for such Promo Codes; (v) have no cash alternative; and (vi) may expire prior to your use. ARRO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ARRO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Please should read full competition rules for each competition before entering into any such ARRO competition. To enter any ARRO competition you must be: (i) UK resident; and (ii) 18 years old or over at the time of entry. No purchases are necessary. Competitions are not open to employees (or members of their immediate families) of ARRO or its affiliates.
- USER PROVIDED CONTENT
ARRO may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the ARRO services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the ARRO services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in its sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
8.1 We may transfer and/or assign our rights or obligations or subcontract our obligations under these Terms to another party at any time and at our discretion. These Terms are personal to you. You may not transfer and/or assign and/or subcontract your rights or obligations under these Terms to anyone else.
8.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
8.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
8.4 These Terms are not intended to give rights to anyone except you and us.
8.5 We are constantly looking for ways to improve and expand ARRO. We may amend these Terms from time to time in order to reflect changes to ARRO in which case we will give you reasonable notice of any changes to these Terms. You can terminate at any time as set out above.
8.6 Our website sets out how you can contact us and you can also contact us at firstname.lastname@example.org.
8.7 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom only. The laws of England and Wales shall apply.
8.8 These Terms are dated 2 August 2017.