Terms and Conditions

Last updated : 23rd February 2017

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

If you are using the Site or Application, you are contracting with UGOMYWAY Ltd, (hereinafter referred to as “UGOMYWAY,” “we”, “us”, or “our”).

UGOMYWAY provides an online platform that connects Drivers with Passengers to allow sharing of a vehicle for a Trip in exchange for a voluntary Cost Contribution, the collection of which is not enforceable (collectively, the “Services”), which Services are accessible at www.UGOMYWAY.com and any other websites through which UGOMYWAY makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and UGOMYWAY. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH DRIVERS AND PASSENGERS MAY FIND EACH OTHER AND ARRANGE TO SHARE TRIPS. YOU UNDERSTAND AND AGREE THAT UGOMYWAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN DRIVERS AND PASSENGERS, NOR IS UGOMYWAY A TRANSPORT PROVIDER OR INSURER. UGOMYWAY HAS NO CONTROL OVER THE CONDUCT OF DRIVERS, PASSENGERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES; OR OF ANY VEHICLE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms
“Arrangement” an unenforceable agreement between a Driver and a Passenger to make a Trip at a specific date and time, with an agreed Cost Contribution to be made by the Passenger.
“Collective Content” means Member Content and UGOMYWAY Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Driver”: means a person using the Site to offer to share a car journey with a Passenger and to transport that Passenger to a given destination at an agreed time.
“Member” means a person who completes UGOMYWAY’s account registration process, including but not limited to Drivers and Passengers, as described under “Account Registration” below. All Drivers and Passengers must first become Members before they are able to book Trips.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services, whether for viewing by any other Members, or for use only by UGOMYWAY and its authorised suppliers.
“Passenger”: means a Member who is seeking or has accepted an Arrangement to be transported by a Driver.
“Tax” or “Taxes” mean any toll, income tax, corporate tax, Value Added Tax (VAT), or other taxes and fees that Members may be required by law to collect and remit to governmental and non-governmental agencies, or to other similar municipal, provincial and national bodies.
“Trip”: means a journey in relation to which a Driver and a Passenger have agreed an Arrangement through the Site or Application.
“Trip Log” means an electronic record, on the Site and Application, of Trips in which a specific Driver has shared a Vehicle with a specific Passenger. A Trip can be entered into the Trip Log by either the Driver or the Passenger using the Site or Application.
UGOMYWAY Content” means all Content that UGOMYWAY makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Vehicle” means a vehicle which a Driver uses, or contemplates using, for a Trip.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
UGOMYWAY reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. If you use the Site, Application or Services to make an Arrangement for someone who is under 18, you hereby represent and warrant that you are the child’s parent or guardian, that you have legal capacity and any necessary authority to make the Arrangement, and that the Arrangement is made entirely at your own risk. Other than as provided for in this clause, the use of the Site, Application and Services to make Arrangements for third parties is forbidden.

How the Site, Application and Services Work
As stated above, UGOMYWAY makes available an online platform with related technology for Drivers and Passengers to meet online and make Arrangements for Trips directly with each other. UGOMYWAY is not an owner nor an operator of vehicles nor transport services nor vehicle hire services nor driver hire services. Unless explicitly specified otherwise in the UGOMYWAY platform, UGOMYWAY’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited Cost Contribution collection agent of each Driver for the purpose of accepting Cost Contributions from Passengers on behalf of the Driver.

PLEASE NOTE THAT THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DRIVERS AND PASSENGERS CONNECTING AND ARRANGING TRIPS DIRECTLY WITH EACH OTHER. UGOMYWAY CANNOT AND DOES NOT CONTROL MEMBER CONTENT NOR THE NATURE, SAFETY, CONDITION, ROADWORTHINESS, LICENSING, CERTIFICATION NOR SUITABILITY OF ANY VEHICLE. NEITHER DOES IT CONTROL THE BEHAVIOUR OF ANY DRIVER OR PASSENGER, NOR THE LICENSING OF DRIVERS. UGOMYWAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEMBER CONTENT AND TRIPS. ACCORDINGLY, ANY ARRANGEMENTS AND TRIPS WILL BE MADE AT THE MEMBER’S OWN RISK.

Account Registration
In order to access certain features of the Site and Application, you must register to create an account (“UGOMYWAY Account”), thereby becoming a Member. You may register to join the Services via the Site or Application.

Member content
You acknowledge and agree that you are responsible for any and all Member Content that you may post. Accordingly, you represent and warrant that any Member Content that you post and the Arrangement of a Trip (i) will not breach any agreements you have entered into with any third parties, such as insurance, lease or rental agreements, (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations (including having all required permits, licenses and registrations), and (iii) not conflict with the rights of third parties. Please note that UGOMYWAY assumes no responsibility for a Driver’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. UGOMYWAY reserves the right, at any time and without prior notice, to remove or disable access to any Member Content for any reason, including Member Content that UGOMYWAY, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or our then-current Policies and Community Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Driver, you understand and agree that UGOMYWAY does not act as an insurer or as your contracting agent. If a Passenger makes an Arrangement for a Trip and travels with you or in your vehicle, any agreement you enter into with such Passenger is between you and the Passenger and UGOMYWAY is not a party thereto. Notwithstanding the foregoing, UGOMYWAY serves as the limited authorised Cost Contribution collection agent of the Driver for the purpose of accepting, on behalf of the Driver, Cost Contributions from Passengers of such amounts stipulated by the Driver (including contributions to fuel costs, parking, tolls, or other fees and/or Taxes).

If you are a Driver, UGOMYWAY makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Trips. You acknowledge and agree that, as a Driver, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who occupy your vehicle at your request or invitation, excluding the Passenger.

UGOMYWAY recommends that Drivers obtain appropriate insurance for their vehicles. Please review any insurance policy that you may have carefully. In particular, please make sure that you are familiar with and understand any exclusions and any deductibles that may apply to such insurance policy including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Passengers while in your vehicle.

No Endorsement
UGOMYWAY does not endorse any Member or any vehicle. Members are required by these Terms to provide accurate information, and although UGOMYWAY may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by UGOMYWAY about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to travel or to have any other interaction with a Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from UGOMYWAY with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Arrangements made by you. This limitation shall not apply to any claim by a Driver against UGOMYWAY regarding the remittance of Cost Contributions received from a Passenger by UGOMYWAY on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Arrangements and Financial Terms
Key definitions
“Cost Contribution” means the amount that is due as a voluntary contribution towards costs, for that Passenger’s participation in a Trip. The Driver may in negotiating Cost Contributions decide to take into account (i) fuel costs, tolls, parking or any other fee, or (ii) Taxes that the Driver determines that he or she has to collect.
“Service Fee” means the fee that UGOMYWAY charges a Driver for the use of its online platform, which is calculated as a percentage of the applicable Cost Contributions made by passengers. VAT may be payable on the Service Fee at the applicable rate.

Arrangements and Financial Terms for Drivers
If you are a Driver and an Arrangement is made for a Trip in your Vehicle via the Site, Application and Services, the trip may then be logged in the Trip Log by either party. You understand and agree that the Arrangement and any information in the Trip Log have the status of a Heads of Agreement, and are not binding. You agree that an obligation in respect of a specific Arrangement is only formed between a Driver and UGOMYWAY when UGOMYWAY receives a Cost Contribution on the Driver’s behalf. You agree than no enforceable obligation is created between Driver and Passenger by the use of the Services, Site or Application.

If a Passenger pays the Cost Contribution to UGOMYWAY in respect of a Trip, then on receipt of such Cost Contribution, UGOMYWAY will accrue to the Driver’s account an amount being the Cost Contribution less UGOMYWAY’s Service Fees and any applicable Taxes in respect of the Service Fees, such as VAT. The Driver can instruct the pay-out of accumulated fees to his nominated bank account by entering an appropriate instruction in the Site or Application. UGOMYWAY will make reasonable efforts to ensure prompt settlement in accordance with the Driver’s instructions. The time it takes for the Driver to receive pay-outs may depend upon the method for receiving pay-outs, and on the performance of third-party service providers, such as banks, chosen by the Driver. Some payment methods involve the use of third-party payment processors, who may impose on the Driver their own additional charges for the use of their services, including by deducting their charges from the pay-out amount.

If you owe or agree to pay any amount to UGOMYWAY (whether as a result of your Arrangements or actions as a Passenger or otherwise), then UGOMYWAY may (but is not obliged to) withhold the amount owing to UGOMYWAY from any pay-out amounts due to you as a Driver, and use the withheld amount to setoff the amount owed by you to UGOMYWAY. If UGOMYWAY does so, then your obligation to pay UGOMYWAY will be extinguished to the extent of the amount withheld by UGOMYWAY, and UGOMYWAY will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.

Appointment of UGOMYWAY as Limited Cost Contribution Collection Agent for Driver
Each Driver hereby appoints UGOMYWAY as the Driver’s limited Cost Contribution collection agent solely for the purpose of accepting Cost Contributions from Passengers. Each Driver agrees that a Cost Contribution made by a Passenger through UGOMYWAY shall be considered the same as a Cost Contribution made directly to the Driver. Each Driver understands that UGOMYWAY accepts Cost Contributions from Passengers as the Driver’s limited Cost Contribution collection agent and that UGOMYWAY’s obligation to pay the Driver is subject to and conditional upon successful receipt of the associated Cost Contributions from Passengers. UGOMYWAY does not guarantee Cost Contributions to Drivers for amounts that have not been successfully received by UGOMYWAY from Passengers. In accepting appointment as the limited authorised agent of the Driver, UGOMYWAY assumes no liability for any acts or omissions of the Driver.

Arrangements and Financial Terms for Passengers
The Drivers, not UGOMYWAY, are solely responsible for honouring any confirmed Arrangements and making available any Trip arranged through the Site, Application and Services. If you, as a Passenger, choose to make an Arrangement for a Trip with a Driver, you agree and understand that you will be required to enter into an agreement with the Driver and you agree to accept any terms, conditions, rules and restrictions associated with such Trip agreed between you and the Driver. You acknowledge and agree that you, and not UGOMYWAY, will be responsible for performing the obligations of any such agreements, that UGOMYWAY is not a party to such agreements, and that, with the exception of its payment obligations hereunder, UGOMYWAY disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that UGOMYWAY is not a party to the agreement between you and the Driver, UGOMYWAY acts as the Driver’s Cost Contribution collection agent for the limited purpose of accepting Cost Contributions from you on behalf of the Driver. Upon your payment of the Cost Contribution to UGOMYWAY, your obligation to the Driver for the Trip is extinguished, and UGOMYWAY is responsible for remitting the Cost Contributions (less the Service Fees and any Taxes in respect of the Service Fees, such as VAT), in the manner described in these Terms. In the event that UGOMYWAY does not remit any such amounts as described in these Terms, such Driver will have recourse only against UGOMYWAY.

The Cost Contributions payable will be displayed to a Passenger before the Passenger agrees an Arrangement with a Driver. You as a Passenger agree to pay to UGOMYWAY the Cost Contributions for any Trip undertaken in connection with your UGOMYWAY Account. Once you confirm that payment is due by operating the appropriate controls in the Site or Application, UGOMYWAY will collect the Cost Contribution in accordance with these Terms and the pricing displayed in the Trip Log. Please note that UGOMYWAY cannot control any fees that may be charged to a Passenger by his or her bank related to UGOMYWAY’s collection of the Cost Contribution, and UGOMYWAY disclaims all liability in this regard.

In connection with your use of the Site, Application and Services, you will be asked to provide customary billing information such as name, billing address and credit card information either to UGOMYWAY or its third-party payment processor(s). You agree to pay UGOMYWAY for any confirmed Trips made in connection with your UGOMYWAY Account in accordance with these Terms by electronic funds transfer or any other electronic payment method prescribed on the Site or Application. You hereby authorise the collection of such amounts from your credit card or other account for which you have entered payment details on the Site or Application, either directly by UGOMYWAY or indirectly, via a third-party online payment processor. If you are directed to UGOMYWAY’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Services.

General Financial Terms
All Fees and Cost Contributions made through the Site and Application will be denominated in South African Rands. Except as otherwise provided herein, Service Fees are non-refundable.

Cancellations and No-shows
If either the Driver or Passenger cancels an Arrangement, or in the event of a no-show, they can either agree to update the Trip Log to show that Cost Contribution is still due, or not. UGOMYWAY will not arbitrate or otherwise take part in the resolution of any dispute arising . It is expected that repeated disputes between a Driver and a Passenger will simply lead to those Members being reluctant to make further Arrangements with each other.

Payment Processing Errors
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

As a Passenger, you are responsible for leaving the Vehicle in the condition it was in when you boarded. You acknowledge and agree that, as a Passenger, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Vehicle.

Member Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

violate any local, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;

use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

“stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a UGOMYWAY Member;

offer, as a Driver, Trips in any Vehicle that you do not yourself own or have permission to use in this manner;

offer, as a Driver, Trips in any Vehicle in such a way that terms and conditions of an agreement with a third party are violated;

register for more than one UGOMYWAY Account or register for a UGOMYWAY Account on behalf of an individual other than yourself;

contact a Member for any purpose other than asking a question related to an Arrangement or such Member’s use of the Site, Application and Services;

recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to UGOMYWAY, without our prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

use the Site, Application, Services or Collective Content to find a Member and then complete an Arrangement for a Trip independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to our provision of the Services or for any other reasons;

submit any false or misleading information;

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, UGOMYWAY’s name, any UGOMYWAY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without our express written consent;

access, tamper with, or use non-public areas of the Site, Application or Services, UGOMYWAY’s computer systems, or the technical delivery systems of UGOMYWAY’s providers;

attempt to probe, scan, or test the vulnerability of any UGOMYWAY system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

UGOMYWAY has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms of Service (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of UGOMYWAY , its users, or members of the public . You acknowledge that UGOMYWAY has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. UGOMYWAY reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that UGOMYWAY, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy
See UGOMYWAY’s Privacy Policy for information and notices concerning our collection and use of your personal information.

Ownership
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of UGOMYWAY and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License
Subject to your compliance with these Terms, UGOMYWAY grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. UGOMYWAY reserves all rights in the Application not expressly granted to you by these Terms.

UGOMYWAY Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, UGOMYWAY grants you a limited, non-exclusive, non-transferable license, to (i) access and view any UGOMYWAY Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UGOMYWAY or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to UGOMYWAY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. UGOMYWAY does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to UGOMYWAY the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. UGOMYWAY does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet, computing equipment and electronic communications.

Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that UGOMYWAY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by UGOMYWAY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the UGOMYWAY platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of UGOMYWAY used herein are trademarks or registered trademarks of UGOMYWAY. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at feedback@ugomyway.com or through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of UGOMYWAY and you hereby irrevocably assign to UGOMYWAY and agree to irrevocably assign to UGOMYWAY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At UGOMYWAY ‘s request and expense, you will execute documents and take such further acts as UGOMYWAY may reasonably request to assist UGOMYWAY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy
It is UGOMYWAY’s policy to terminate in appropriate circumstances the UGOMYWAY Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Suspension, Termination and UGOMYWAY Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your UGOMYWAY Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your UGOMYWAY Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your UGOMYWAY Account, your Member Content, or receive assistance from UGOMYWAY Customer Service, (b) any pending or agreed future Arrangements may be terminated, (c) we may communicate to affected Drivers or Passengers that a potential or agreed Arrangement has been cancelled, and (d) you will not be entitled to any compensation for pending or agreed Arrangements that were cancelled as a result of a suspension, deactivation or termination of your UGOMYWAY Account. You may cancel your UGOMYWAY Account at any time via the “Cancel Account” feature of the Services or by sending an email to feedback@ugomyway.com. Please note that if your UGOMYWAY Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT UGOMYWAY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UGOMYWAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UGOMYWAY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UGOMYWAY MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UGOMYWAY OR THROUGH THE SITE, APPLICATION, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DRIVERS OR PASSENGERS. YOU UNDERSTAND THAT UGOMYWAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES NOR TO INSPECT ANY VEHICLE. UGOMYWAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DRIVERS AND PASSENGERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY UGOMYWAY. NOTWITHSTANDING UGOMYWAY ‘S APPOINTMENT AS THE LIMITED COST CONTRIBUTION COLLECTION AGENT OF THE DRIVERS FOR THE PURPOSE OF ACCEPTING COST CONTRIBUTIONS FROM PASSENGERS ON BEHALF OF THE DRIVERS, UGOMYWAY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PASSENGER OR OTHER THIRD PARTY.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR ARRANGEMENT OF ANY TRIPS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF UGOMYWAY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER UGOMYWAY NOR ANY OTHER PARTY INVOLVED IN RAISING AWARENESS, CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR ARRANGEMENT OF ANY TRIP VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UGOMYWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE DRIVERS PURSUANT TO THESE TERMS, IN NO EVENT WILL UGOMYWAY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR ARRANGEMENT OF ANY TRIP VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TRIP OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED ONE THOUSAND RANDS (ZAR1,000). THE LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS OF SERVICE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UGOMYWAY AND YOU.

Indemnification
You agree to release, defend, indemnify, and hold UGOMYWAY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, or (ii) Arrangement of a Trip; (d) the use of a Vehicle by you as either a Driver or a Passenger, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Trip or the Arrangement of a Trip.

Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) these Terms are concluded between you and UGOMYWAY only, and not Apple, and (ii) UGOMYWAY, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between UGOMYWAY and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of UGOMYWAY.
You and UGOMYWAY acknowledge that, as between UGOMYWAY and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and UGOMYWAY acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between UGOMYWAY and Apple, UGOMYWAY, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and UGOMYWAY acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct
If you interact with any Member who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to UGOMYWAY by contacting us with your police station and report number at feedback@ugomyway.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between UGOMYWAY and you regarding the Site; Application; Services; Collective Content; any Arrangements for Trips, or Trips made, via the Site, Application and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between UGOMYWAY and you regarding Arrangements for Trips, Trips, the Site, Application, Services, and Collective Content.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without UGOMYWAY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. UGOMYWAY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by UGOMYWAY (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
The failure of UGOMYWAY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of UGOMYWAY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law
This agreement is governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute that may arise out of this agreement.

PRIVACY POLICY

This Policy notifies you about our collection and use of your personal information, and your rights to obtain and correct the personal information that we store about you. It also tells you how to contact the South African Information Regulator. This Policy applies to all personal information collected or processed by UGOMYWAY, whether collected electronically, telephonically, in person, by post or otherwise; directly from you or via third parties.

By using our Site or Application, you agree to the terms of this Privacy Policy. Agreement is voluntary. However, we regard collection and processing of Personal Information as an essential part of our business, and if you do not wish to be bound by the terms of this Privacy Policy, you may not use the Site nor the Application, and you may not provide personal information to us.

This policy is incorporated by reference in our Terms and Conditions, which include definitions of some of the terms used here. In the event of conflict between this document and the Terms and Conditions, the Terms and Conditions take precedence.

The information that we collect

We will ask you to provide us with information that could reasonably be used to identify you, such as your name, e-mail address, and mobile number (“Personal Information“). We may collect this information through account registration forms, contact us forms, or when you otherwise interact with us. Accordingly, UGOMYWAY operates appropriate and reasonable technical and organisational security safeguards to maintain the integrity and confidentiality of Personal Information.

We use the SnapScan payment service, which means that we do not require credit card details from you.

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that collect certain information whenever you visit or interact with the Site or Application (” Usage Information“). This Usage Information may include the browser that you are using, the URL that referred you to our Site or Application, all of the areas within our Site or Application that you visit, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (” Device Identifier“) for your computer, cellphone or other device used to access the Site or Application (a “Device“). Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information. We may collect also geographical information about you.

Methods that may be used to collect Usage Information include, without limitation, the following: cookies, web beacons and embedded scripts.

We may, from time to time, supplement the information we collect about you through our Site or Application with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

By using our Application and Site, you agree that we may collect and use technical data and related information; including but not limited to: technical information about your device, system, application software and peripherals; that is gathered to facilitate the provision of software updates, product support and other services to you (if any) related to the Application and Site.

The Application and Site may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information“), including without limitation:

  • Your phone number or other unique device identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number.
  • The IP address of your mobile device.
  • The manufacturer and model of your mobile device.
  • Your mobile operating system.
  • The type of mobile Internet browsers you are using.
  • Your geolocation.
  • Information about how you interact with the Application and Site, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Application, how often you use the Application, actions you take in the Application and how you engage with the Application.
  • Information to allow us to personalize the services and content available through the Application.

We may associate your unique mobile Device Identifier or Site and Application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information.

Personal Information may also be collected and shared with third-parties if there is content from the Application that you specifically and knowingly upload to, share with or transmit to an email recipient, online community, website, or to the public, e.g. uploaded photos, posted reviews or comments, or information that you choose to share with others through features which may be provided on our Services. This uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community website, social media or other platform to which you upload, share or transmit the content

If you wish to apply for a job with UGOMYWAY, we will collect Personal Information such as your name, email address, phone number and may collect additional information as permitted or required by relevant laws and regulations, such as resume, gender, and your ethnicity. We use such information to determine your qualifications for the position for which you have applied and to contact you to set up an interview.

How the information is used

We use your Personal Information to operate and improve the Services, and to make UGOMYWAY more efficient. We will use the Personal Information you provide us when registering for an account, to communicate with you, provide the services you request, and manage your account. We may communicate with you by email, telephone, or SMS or text message, or via the Site or Application.

We use your information to monitor which features of the Services are used most; to allow you to view your trip history and payment records, view any promotions we may currently be running, and rate Trips; and to determine ways of improving our Services.

We use the information collected from our Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s).

We will send you service-related announcements on rare occasions when it is necessary to do so.

In addition, we may use your Personal Information or Usage Information that we collect about you:

  1. To provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties.
  2. To process your registration with the Services, which may include attempting to verify that your information is active and valid.
  3. To improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you.
  4. To enable you to participate in a variety of the Services’ features such as online or mobile offers or other promotions.
  5. To contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies.
  6. For internal business purposes.
  7. For inclusion in our data analytics.
  8. For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

We may use information automatically collected by the Application (including the Mobile Device Information) in the following ways:

  • To operate and improve our Applications, Site, services, and tools.
  • To create aggregated and de-identified information to determine which Application features are most popular and useful to users, and for other statistical analyses.
  • To prevent, discover and investigate violations of this Privacy Policy or any applicable terms or conditions of service; and to investigate fraud, disputes or other matters
  • To customize the content or services on the Application for you, or the communications sent to you through the Application.

We use geo-location information for various purposes, including to enable Members to discover other Members with whom they may wish to share a Trip; for Members to agree routes and pick up locations, to send you promotions and offers, and to allow you (if you choose through any features we may provide) to share this information with other people. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing Members with the ability to discover each other and make Arrangements for Trips.

We also provide some of your Personal Information (such as your first name, surname and your photo, if you have chosen to upload your photo to your profile) to Members with whom you make Arrangements to assist them in identifying you.

We may share de-identified information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf. We may provide these vendors with access to user information, including Personal Information, however this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose Personal Information, nor to use it for any other purpose.

While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.

If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, may be transferred to, processed and stored in the United States. Your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through feedback@ugomyway.com We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.

You have the right to opt out of Direct Marketing activity by third parties, and the right to opt out of direct marketing activity by us. If you wish to do either of these things, or to cancel your account, or request that we no longer use your information to provide you with the Services, contact us through feedback@ugomyway.com.

We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons. After a period of time, your data may be de-identified and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the de-identified data will be solely for analytic purposes.

From time to time, we may update this Privacy Policy. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practices.

Our Privacy Policy is intended to comply with the Protection of Personal Information Act of 2013 (the Act), which aims to regulate the processing of personal information in a manner that gives effect to the right to privacy subject to justifiable limitations, and sets out circumstances under which we may be obliged to disclose Personal Information to authorised bodies.

Under the terms of the Act, you have the right to lodge any relevant complaint to the Information Regulator. The Information Regulator has not yet been appointed. However, when the appointment is announced by Government and appropriate contact details are published, we will reproduce the contact details here.