Terms Of Service
Contractual Relationship
These Terms of Use ("Terms") govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms, establishing a contractual relationship between you and Simplego. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Simplego may immediately terminate these Terms or any Services regarding you or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason.
Supplemental terms may apply to specific Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the relevant Services. Supplemental terms are in addition to and will be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms will prevail over these Terms in the event of a conflict regarding the relevant Services.
Simplego may revise the Terms related to the Services from time to time. Modifications will be effective upon Simplego's posting of such updated Terms at this location or the modified policies or supplemental terms on the relevant Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as modified.
Simplego may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may involve an accident, between you and a Third Party Provider, and such information or data is necessary to resolve the complaint, dispute, or conflict.
License
Subject to your compliance with these Terms, Simplego grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (I) access and use the Applications on your personal device solely for your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Simplego and Simplego's licensors.
Restrictions
You may not: (I) remove any copyright, trademark, or other proprietary notice from any portion of the Services; (ii) reproduce, modify, create derivative works based upon, distribute, license, lease, transfer, sell, resell, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Simplego; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any portion of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership
The Services and all rights therein are and will remain Simplego's property or the property of Simplego's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (I) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Simplego's company names, logos, product and service names, trademarks, or services marks or those of Simplego's licensors.
Your Use of the Services
User Accounts
To use most parts of the Services, you must register for and maintain an active personal user Services ("Account"). You must be at least 18 years old, or the age of legal majority in your jurisdiction (if different from 18), to obtain an Account. Account registration requires you to submit to Simplego certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Simplego's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise permitted by Simplego in writing, you may only have one Account.
User Requirements & Conduct
The Service is not available for use by individuals under the age of 18. You may not authorize third parties to use your Account, and you may not allow individuals under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transportation of illegal or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Promotional Codes
Simplego may, in Simplego's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services or a Third Party Provider's services, subject to any additional terms that Simplego establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted on a public forum or otherwise), unless expressly permitted by Simplego; (iii) may be disabled by Simplego at any time for any reason without liability to Simplego; (iv) may only be used pursuant to the specific terms that Simplego establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Simplego reserves the right to withhold or deduct credits or other features or benefits obtained through Promo Codes by you or any other user if Simplego determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Simplego may, in Simplego's sole discretion, allow you from time to time to submit, upload, publish, or otherwise make available to Simplego through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Simplego, you grant Simplego a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Simplego's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (I) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Simplego the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor Simplego's use of the User Content as permitted in these Terms will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Simplego in its sole discretion, whether or not such material may be protected by law. Simplego may, but shall not be obligated to, review, monitor, or remove User Content, at Simplego's sole discretion and at any time and for any reason, without notice to you.
Network Access & 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, and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Simplego 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.
Payment
You understand that the use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Simplego will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Simplego. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Simplego will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately, and payment will be facilitated by Simplego using the preferred payment method designated in your Account, after which Simplego will send you an invoice by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Simplego may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Simplego, Simplego reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the Services at any time in Simplego's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during periods of high demand. Simplego will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Simplego may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except for cab transportation services requested through the Application, Simplego does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Simplego (on Simplego's website, in the Application, or in Simplego marketing materials) that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Simplego provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a tip to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Tips are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
General
You may not assign or transfer these Terms in whole or in part without Simplego's prior written approval. You give your consent to Simplego for it to assign or transfer these Terms in whole or in part, including to: (I) a subsidiary or affiliate; (ii) an acquirer of Simplego's equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Simplego, or any Third Party Provider as a result of the contract between you and Simplego or use of the Services.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties will replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties concerning its subject matter and supersede and replace all prior or contemporaneous agreements or attempts regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."