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By using the Service (as defined below), you agree that you have read and understood the terms in these Terms & Conditions, which are applicable to you. These Terms & Conditions and the Zippy Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Zippy (as defined below). The Agreement applies to your use of the Service provided by Zippy. If you do not agree to the Terms & Conditions, please do not use, or continue using the Platform (as defined below) or the Service.
Zippy may amend the Terms & Conditions without prior notice at any given time. Such amendments shall be effective once they are posted on rydezippy.com or on the Zippy application (“Zippy app”). It is your responsibility to review the Terms & Conditions and Zippy Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country”), you must regularly review the Terms & Conditions applicable in the Alternate Country as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms & Conditions in the Alternate Country.
Zippy is a technology company which provides a Platform (as defined below) for Users (as defined below) to obtain the Service provided by Zippy.
In these Terms & Conditions, the following words shall have the meanings ascribed below:
a. “Application” means the relevant mobile application(s) made available for download by Zippy (or its licensors) to Users and Drivers respectively;
b. “Users” / “Riders” means any end-user who accesses or uses the Platform to obtain the Services;
c. “User Charges” means charges incurred by Users for the Services obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Services;
d. “Zippy” / “we” means ZRyde Tech Inc.;
e. “Zippy Policies” means the following:
f. “Driver” means the independent third parties who provide the relevant Services to Users through the Service.
g. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, phone, personal interests, email, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
h. “Platform” means the Application, Software and any other platform, portal or website which Zippy operates or otherwise makes available to Users and/or Drivers for the purposes of or in connection with the Service and/or Services;
i. “Platform Content” means any content as made available on the Platform or any part thereof;
j. “Privacy Policy” means our Privacy Policy accessible at: https://rydezippy.com/privacy-policy as amended from time to time;
k. “Rectification Measure” has the meaning ascribed to it in Clause 29;
l. “Service” means the linking of Users to Drivers or other Users to facilitate the Services;
m. “Software” means any software in connection with the Application, Service and/or Services which is made available by Zippy;
n. “Services” means the transportation, logistics, and/or other products and services which are made available to Users through the following offerings:
o. “You” refers to the Driver and/or User of the Service and/or Platform as may be applicable.
a. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
b. You will provide true, accurate, not misleading, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current, and complete at all times during the term of the Agreement. You agree that Zippy may rely on your information as true, accurate, not misleading, current, and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Zippy has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
c. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
d. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Zippy;
e. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
f. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
g. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
h. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
i. You will only use the Platform and Service for their intended and lawful purposes;
j. You will not try to interrupt, impair, or harm the Service and/or Platform in any way, and shall refrain from:
k. You will not attempt to commercially exploit any part of the Platform without Zippy’s written permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content, or any part thereof in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Zippy. This includes without limitation, not to:
l. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Zippy or to disrupt the natural functions of the Platform;
m. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
n. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Zippy or any third party;
o. You agree that the Service is provided on a reasonable effort basis;
p. You agree that your use of the Service will be subject to the Zippy Policies as may be amended from time to time;
q. You agree to assist Zippy with any internal or external investigations as may be required by Zippy in complying with any prevailing laws or regulations in place;
r. You are aware that when requesting Services by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply; and
s. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Zippy or any other party as a result of your breach of this Agreement.
If you are a Driver, you further represent, warrant, and undertake that:
a. You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with the use of the Service;
b. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of, any vehicle, equipment or any other matter or thing which is involved with the use of the Service;
c. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) in connection with the use of the Service;
d. You shall obey all local laws related to your use of the Service and will be solely responsible for any violations of such local laws;
e. You shall not contact the User for purposes other than in connection with the Service;
f. You shall not reverse look-up, trace or seek to trace any information on any visitor to the Platform, or any Users, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
g. You are aware that when responding to User, standard telecommunication charges may apply which shall be solely borne by you;
h. You agree that you are forbidden from giving out vouchers and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Zippy’s information or information related to the Platform or the Service, unless an exception applies under applicable law. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and Zippy reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used;
i. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Driver on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Services, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third-party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Services shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose; and
j. You agree that Zippy may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your account for a period of one (1) year from the last date of transaction and deactivate or restrict access to your account.
If you are a User, you further represent, warrant, and undertake that:
a. Your use of the Service and Platform is, unless otherwise allowed by Zippy, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
b. Where applicable, you agree to indicate the accurate number of riders when requesting for the Service.
c. You further acknowledge and agree that if the information on the number of riders is untrue or inaccurate, the Driver is entitled to cancel your booking;
d. You shall not contact the Driver for purposes other than the Service;
e. You shall not intentionally or unintentionally cause or attempt to cause damage to the Driver or any property of the Driver; and
f. You agree that Zippy may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.
Our licensors (where applicable) grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the Terms & Conditions of this Agreement. All rights not expressly granted to you are reserved by Zippy and its licensors. You shall not:
a. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
b. remove any copyright, trademark or other proprietary rights notices contained on the Platform.
a. Payment Terms for Drivers:
Zippy charges a fee for your use of the Service (“Subscription Fee” & “Processing Fee”). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
You acknowledge and confirm that Zippy may administer and act as your collection agent to pay to you the total amount of User Charges due to you in respect of your use of the Service.
Zippy retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Zippy liable for any withholding of, delay in, suspension, forfeiture, or cancellation of, any payment(s) to you.
Zippy may, at its sole discretion, make promotional offers with different features and different rates on the Services to any of the Users whereby these promotional offers shall accordingly be honored by you. Zippy may change the Service Fee at any time at its sole discretion.
b. Payment Terms for Users:
Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, through automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
Automated payment may be made by credit card and or debit card, by Zippy wallet, or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the Terms & Conditions. You agree that We may verify and authorize Your card details when you first register the card with us as well as when you are using the Service. You agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify Your payment method via card. The authorization hold may appear in Your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card. You shall be responsible to resolve any disputes with your card company on your own.
If the tipping feature is available, you may have the option to select a “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Services have been provided and given to the Driver unless you choose to remove the tip.
a. Cancellation Terms for Drivers:
Users rely on you for delivery or provision of the Services. You agree that high and/or frequent cancellation rates will impair the Users’ experience and negatively impact the reputation and branding of Zippy.
While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Zippy reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily suspended.
If you feel that you have been unfairly rated due to the additional fees imposed on riders, please write in to support@rydezippy.com to submit your appeal. Based on our Ratings and Review Moderation Policy, the team will review your appeal and consider removing ratings that are irrelevant to the driver’s quality of service.
b. Cancellation Terms for Users:
Unless otherwise stated in any Zippy Policy, you may cancel your request for transportation and delivery services at any time before you commence your ride with the Driver that has been matched with you by the Service.
If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Zippy may notify from time to time via the Cancellation and Waiting Time Policy on Zippy’s website.
If you feel you were incorrectly charged a Cancellation Fee, you may contact Zippy in writing at support@rydezippy.com for assistance. Zippy reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or to your Zippy wallet or by such other method as is deemed reasonable by Zippy.
From time to time, Zippy may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional Terms & Conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. Zippy may withdraw, amend and/or alter any applicable Terms & Conditions of the promotions or subscriptions at any time without prior notice. Zippy may also void, discontinue, or disqualify you from any promotion or subscription plan without prior notice in the event that you breach any part of these Terms & Conditions.
Users and Drivers may be allowed to rate each other in respect of Services provided. Every rating will be automatically logged onto Zippy’s system and Zippy may analyze all ratings received. Zippy may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
The driver’s rating is calculated based on their last 100 trips to ensure that it reflects the driver’s recent performance. If the Driver received less than 100 ratings, the system will calculate the average based on all the ratings received till date.
Any complaints between Drivers and Users must be taken up with each other directly or through feedback to us.
Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Driver’s property as a result of your misuse of the Service or breach of the Terms & Conditions herein. Zippy may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Driver via your designated payment method, in the event a request for repair or cleaning request by the Driver has been verified by Zippy.
Riders are subjected to a fee of up to $50, which is payable to drivers if a mess is made in the car that requires professional cleaning to remove. E.g. A permanent / semi-permanent stain, vomiting etc.
Do note however that Zippy is not responsible for bearing the cost of the cleaning fee.
Zippy and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms & Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Zippy and/or its licensors. Zippy’s name, Zippy’s logo, the Service, the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Zippy or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes, and design in its entirety.
You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Zippy to claim or verify any input tax credit, set off, rebate, or refund in respect of any taxes paid or payable in connection with the Service.
If you are a Driver, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
You shall maintain in confidence all information and data relating to Zippy, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Zippy (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Zippy, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Zippy’s prior written consent, disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
a. was at the time of receipt already in your possession;
b. is, or becomes in the future, public knowledge through no fault or omission on your part;
c. was received from a third party having the right to disclose it; or
d. is required to be disclosed by law.
Zippy collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Zippy’s Services and its terms are made a part of this Agreement by this reference.
Where applicable, you agree and consent to Zippy, its subsidiaries and any of its affiliate companies collecting, using, processing, and disclosing Personal Data as further described in our Privacy Policy.
You acknowledge that Zippy may disclose Personal Data of other individuals to you in the course of your use of Zippy’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Zippy, and not for any other unauthorized purposes.
During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Zippy and its licensors shall have no liability or obligation for any such communication or agreement. Neither Zippy nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall Zippy, its licensors or its affiliate companies be responsible for any content, products, services, or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different Terms & Conditions and privacy policies prior to your use of or access to such goods or services, and Zippy is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different Terms & Conditions and privacy policies may apply to your use of such third party services. Zippy is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
Zippy may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe.
You agree and allow Zippy to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links”). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
You acknowledge that in addition to utilizing data from the Data Sources listed in Clause 31, the Platform utilizes and modifies search results from Google Maps services and content, and that by using the Platform, you agree to comply with (a) the Google Maps/Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps; (b) the Google Privacy Policy at https://policies.google.com/privacy; and (c) the Google Maps Platform Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup. You further agree that when using the Platform you shall not:
a. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
b. sublicense, transfer or distribute Google Maps;
c. sell, resell, or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
d. access or use Google Maps in a manner that is illegal, or which is likely to result in a circumvention of any fees payable to Google.
e. save for factual, truthful and not misleading references through a plain text link to rydezippy.com or URL(s) which Zippy may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Zippy. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Zippy is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Zippy, (e) presenting false information about products or services of Zippy, and (f) using any logo or mark of Zippy without prior written approval from Zippy.
By agreeing to the Terms & Conditions upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Zippy, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Drivers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms & Conditions, any third party Terms & Conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Drivers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Services to Users via the Service.
Zippy makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform, unless otherwise specified in a specific feature of the Application. Zippy does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
Zippy makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Services provided by Drivers or any Services procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service provided by Drivers and shall have no recourse to Zippy in respect of the same.
Where applicable, Zippy’s role as collection agent is solely mechanical and administrative in nature and Zippy does not owe to you a duty of care or any fiduciary duties.
The Service, Platform, Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the driver being faulty, not connected, out of range, switched off or not functioning. Zippy is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Unless otherwise stated, and to the fullest extent allowed by law, any claims against Zippy by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Service during the event giving rise to such claims. Zippy and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service, including but not limited to:
a. loss, damage or injury arising out of, or in any way connected with the Service, the Platform, Application and/or the Software;
b. the use or inability to use the Service, the Platform, application and/or the Software;
c. any reliance placed by you on the completeness, accuracy, or existence of any advertising; or
d. as a result of any relationship or transaction between you and any user, driver, merchant, advertiser or sponsor whose advertising appears on the platform or is referred to by the service and/or the platform,
Even if Zippy and/or its licensors have been previously advised of the possibility of such damages.
Zippy does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement or location of any Users or Drivers including merchants, advertisers and/or sponsors and you expressly waive and release Zippy from any and all liability, claims or damages arising from or in any way related to the Users or Drivers including merchants, advertisers and/or sponsors.
Zippy will not be a party to disputes or negotiations of disputes between you and Users or Drivers including merchants, advertisers and/or sponsors. Unless you are a business user with a current business account with Zippy, Zippy cannot and will not play any role in managing payments between you and the Drivers, including merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the Service and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release Zippy from any and all liability, claims, causes of action, or damages arising from your use of the Service and/or the Platform, or in any way related to the third parties including merchants, advertisers and/or sponsors introduced to you by the service and/or the Platform.
The quality of the Services scheduled through the use of the Service is entirely the responsibility of the Driver who ultimately provides the Service to the User.
Unless expressly stated otherwise, We may give notice to You by means of (i) a general notice on the Application, or (ii) electronic mail to Your email that has been provided by You using the contact details as provided in the Platform. Such notice shall be deemed to have been given upon the expiration of one (1) hour after the time of the email or general notice (if sent via general notice on the Application or electronic mail).
Unless expressly stated otherwise, You may give notice to Us by means of electronic mail to support@rydezippy.com.
Unless otherwise stated herein, these Terms & Conditions as modified from time to time may not be assigned by you without the prior written approval of Zippy but may be assigned without your consent by Zippy. Any purported assignment by you in violation of this section shall be void.
These Terms & Conditions shall be governed by Canada law, without regard to the choice or conflicts of law provisions of any jurisdiction.
Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions (“Disputes”) or the Service shall be referred to the International Centre for Dispute Resolution Canada (“ICDR”), in accordance with the Rules of the ICDR as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Zippy (the “Arbitrator”). If you and Zippy are unable to agree on an arbitrator, the Arbitrator shall be appointed by the ICDR in accordance with the Rules. The seat and venue of the arbitration shall be Canada, in the English language and the fees of the Arbitrator shall be borne equally by you and Zippy, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Notwithstanding the above, if you are a Driver, you may choose to submit a Dispute for mediation at the ICDR and/or Small Claims Court, subject to their respective rules and guidelines.
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with Zippy.
If any provision of the Terms & Conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
The failure of Zippy to enforce any right or provision in the Terms & Conditions shall not constitute a waiver of such right or provision.
a. For ZippySEND Drivers:
Except as otherwise permitted by Zippy, you shall not accept any delivery item having size, dimensions, or weight in excess of the below:
b. For ZippySEND Users:
You shall not send any delivery item containing any of the following:
c. You can send fragile items (e.g. cakes, glassware, and musical instruments) and items which are susceptible to damages by bending at your own risk. Zippy will not be liable for any damages related to such a delivery. You are responsible for specifying precautions about such items when you place an order.
d. You represent and warrant that you are either the owner or authorized representative of the owner of the delivery item, and that you are authorized to accept, and you accept these Terms & Conditions for yourself or as a representative acting for and on behalf of the owner of the delivery item.
e. You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. Zippy shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application. For the avoidance of doubt, address changes via the in-app chat or call function with the Driver shall not be accepted as a proof of address change.
f. You represent and warrant that you are duly authorized by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to Zippy and the Driver (whether by way of your entering such details on the Application or otherwise).
g. You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Driver of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.
h. You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (i) non-compliant with or prohibited by any applicable laws or regulations; (ii) dangerous; (iii) easily experience degradation of quality; (iv) flammable; (v) contain explosives; (vi) corrosive; (vii) contain radioactive substances; and/or (viii) regulated by other relevant authorities.
i. Zippy and/or the Driver has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the above mentioned provisions herein and Zippy and/or the Driver has the right to refuse the receipt and delivery of such delivery item.
j. You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labeled, and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.
k. After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling, or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).
l. You acknowledge that in the ordinary course of delivering the item, the Driver may disclose your details to the recipient. ZippySEND is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of recipient and Zippy shall not be liable or be responsible for any losses (direct or indirect) suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of ZippySEND.
m. As a general rule you shall not be entitled to cancel your booking once you have received confirmation. If you cancel your booking after it has been confirmed, you will be liable to pay the cancellation fee. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Driver arrives at the designated delivery location. Zippy and the Driver will have the right to not proceed with your booking in the following circumstances:
After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling, or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).
n. Drivers have the right to refuse delivery if the delivery item falls within the categories listed at Clause 27(a) above.
This Agreement comprises the entire agreement between you and Zippy in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Zippy which incorporates a reference to these Terms & Conditions, these Terms & Conditions shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms & Conditions and the separate written agreement, you agree to work with Zippy in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional Terms & Conditions, which will be communicated to you.
a. modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;
b. modify or change any applicable policies or terms; and
c. interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We shall not be required to compensate you for any modification, suspension, or termination.
Without prejudice to any other provisions, we may vary, modify, or remove the Platform’s content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform content contains any typographical errors, inaccuracies, omissions or otherwise violates Zippy Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Zippy deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.
The Platform contains geographical data attributed to the following sources:
