These terms of service constitute an agreement (the "Agreement") between you and HiWay ("HiWay", "we", "us", or "our") that governs your use of the HiWay app and the website.
1.1. IMPORTANT: BY USING THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREE WITH THESE TERMS AND CONDITIONS. YOU ALSO AGREE TO THE FOLLOWING STATEMENTS MADE BY YOURSELF. IF YOU DO NOT AGREE OR DO NOT COMPLY WITH THE TERMS OF USE OF THE SERVICE (AS DEFINED BELOW) AND WISH TO STOP USING THE SERVICE, DO NOT CONTINUE USING THIS APPLICATION OR SERVICE. 1.2. The terms of use set forth herein (collectively, the "Terms of Use" or this "Agreement") constitute a legal agreement between you and HiWay and its subsidiaries and affiliates ("HiWay"). In order to use the Service (as defined below), you must accept the Terms of Use set forth below. By using the mobile applications and websites provided to you by HiWay (the "Application" or "App") and by downloading, installing, or using any software provided by HiWay (the "Software"), you hereby acknowledge and expressly agree to be bound by the Terms of Use and any correction or future addition to these Terms of Use that are periodically posted through the Application. By installing HiWay on your mobile device or computer, you unconditionally accept all the rules, conditions, and information published in the same HiWay application and on the website, including, but not limited to, these Terms of Use and the Privacy Policy, as well as the usage rules of the "HiWay" mobile application. 1.3. HiWay reserves the right to modify, vary, and change the Terms of Use or its policies related to the Service at any time it deems appropriate. Such modifications, variations, or changes to the Terms of Use or its policies related to the Service will take effect after posting an updated version on the Application. You agree that it is your responsibility to regularly review the Terms of Use and also the Terms of Use applicable to any country where you use the Service, so continued use of the Service after any of these changes, whether you review them or not, will constitute your consent and acceptance of such changes. Furthermore, you agree that using the Service in an alternative country will be subject to the Terms of Use prevailing in the alternative country, which can be found on the Application. 1.4. HiWay is a technology company that does not directly provide transportation services. HiWay is not a transportation provider. It depends on third-party transportation providers to offer you transportation services, and it is up to you to accept such transportation services. The company's service consists of linking you with such transportation providers, but it neither has nor aims to provide transportation services or any other act that may be interpreted in any way as an act of a transportation provider. The company is not responsible for the acts or omissions of any transportation provider or any transportation service introduced to you.
2.1. By using the Service, you expressly declare and warrant that you have the legal right to accept and agree to the Terms of Use and that you are at least eighteen (18) years of age. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or to those who are barred for any reason from entering into a contractual relationship. By using the Service, you further declare and warrant that you have the right, authority, and capacity to use the Service and to comply with the Terms of Use. Moreover, you confirm that all the information you provide will be true and accurate. Your use of the Service is for your personal and exclusive use. You agree not to allow others to use your identity or user status, and you cannot assign or transfer your user account to any other person or entity. By using the Service, you commit to complying with all applicable laws, whether in your country of origin or in the country, state, and city where you are while using the Service. 2.2. You must use this service solely for your personal and exclusive use. You agree not to allow other people to use your identity or user status, and you should not in any way assign or transfer your user account to any other person or entity. In addition, you agree to use this application in accordance with the usage rules of the "HiWay" mobile application.
THE SERVICE CONTAINS CONTENT (SUCH AS DESIGNS, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS, AND OTHER SIMILAR ITEMS) OWNED OR LICENSED BY HIWAY, WHICH IS PROTECTED BY COPYRIGHTS, TRADEMARKS, PATENTS, TRADE SECRETS, AND OTHER LAWS. HIWAY AND ITS LICENSORS, WHERE APPLICABLE, WILL HOLD ALL RIGHTS, TITLE, AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS RELATED, TO AND FOR THE SOFTWARE OR APPLICATION AND, BY EXTENSION, THE SERVICE AND ALL SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS, OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY ANY RIGHT OF OWNERSHIP OR RELATED TO THE SERVICE, SOFTWARE, OR APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHT THAT HIWAY OR ITS LICENSORS HAVE. HIWAY'S NAME, HIWAY'S LOGO, THE SERVICE, SOFTWARE, OR APPLICATION, AND THE LOGOS OF THE TRANSPORTATION PROVIDERS AND ASSOCIATED PRODUCT NAMES ARE TRADEMARKS OF HIWAY OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. TO AVOID DOUBT, THE TERM SOFTWARE AND APPLICATION IN THIS DOCUMENT SHALL INCLUDE THEIR RESPECTIVE COMPONENTS, PROCESSES, AND DESIGN IN THEIR ENTIRETY.
Regarding your use of HiWay and your participation in the Services, you agree not to: a. impersonate another person or entity fraudulently, b. stalk, threaten, or harass any person, or carry weapons, c. violate any law, statute, ordinance, or regulation, d. interfere with or alter the Services or servers or networks connected to HiWay, e. post Information or interact on the Application or HiWay Services in a manner that is false, inaccurate, misleading (either directly or by omission or failure to update information), defamatory, slanderous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal, f. use HiWay in any way that infringes on the rights of third parties, including, among others: intellectual property rights, copyrights, patents, registered trademarks, trade secrets, or other proprietary rights or rights of publicity or privacy, g. post, email, or transmit any malicious code, file, or program designed to interrupt, harm, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, nor surreptitiously intercept or expropriate a system, data, or personal information, h. forge headers or manipulate identifiers to disguise the origin of any content transmitted through HiWay, i. modify, adapt, translate, reverse engineer, decrypt, decompile, or disassemble any part of the Software or any software used on or for HiWay, j. rent, lease, lend, sell, redistribute, license, or sublicense the HiWay Application and Site or access to any part of HiWay, k. use any robot, spider, site search/retrieval application, or some manual or automatic device or process to retrieve, index, "data mine", reproduce in any way or bypass the navigation structure or presentation of HiWay or its content, l. create liability for us or cause us to be subject to regulation as a carrier or taxi service provider, m. link directly or indirectly to other websites, n. transfer or sell your user account, password, or identification to any other party, or o. allow a third party to engage in the aforementioned restricted activities.
5.1. You must keep all information and data related to HiWat, its services, products, business affairs, marketing and promotion plans, and other operations and associated businesses disclosed to you by or on behalf of HiWay (whether verbally or in writing, and whether before, during, or after the date of this Agreement) or that you have acquired directly or indirectly from HiWay or any of its affiliated companies, or created during the course of this Agreement, confidential. Furthermore, you will ensure that you, your officers, employees, and agents use such confidential information solely for using the Services and, without the prior written consent of HiWay, will not disclose such information to third parties nor use it for any other purpose. You should only disclose such information to the officers, employees, and agents who need it to fulfill their obligations under this Agreement. 5.2. You agree to take all reasonable steps to protect the secret and avoid the disclosure or use of HiWay's Confidential Information in order to prevent it from becoming public knowledge. Notwithstanding the foregoing, you will have no liability to HiWay regarding any Confidential Information that you can prove: was public knowledge at the time it was disclosed by HiWay or became public knowledge through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at that time; is disclosed with HiWay's prior written approval; comes to your knowledge, without restriction, from a source other than HiWay without violating this Agreement and otherwise not constituting a violation of HiWay's rights; or is disclosed in accordance with the order or requirement of a court, administrative agency, or other governmental body, provided you promptly notify such court or requirement to HiWay to allow HiWay to seek a protective order or otherwise prevent or restrict such disclosure.
6.1. You agree and consent to HiWay using and processing your Personal Data for the Purposes and in the manner described below. 6.2. For the purposes of this Agreement, by "Personal Data" it is understood information about you, from which you can be identified, including but not limited to your name, identification card number, address, phone number, credit or debit card data, gender, date of birth, email address, any information about you that you have provided to HiWay in registration forms, application forms, or any other similar forms, or any information about you which has been or may be collected, stored, used, and processed by HiWay from time to time and includes sensitive personal data. The provision of your Personal Data is voluntary. However, if you do not provide HiWay with your Personal Data, your access to the Application might be incomplete, and HiWay might not be able to process your Personal Data for the Purposes mentioned below and might not allow you to use the Service. 6.3. You agree that HiWay may send you push notifications and emails, contact you by phone or text messages (including through an automated telephone dialing system) to any of the phone numbers provided by you or on your behalf related to a HiWay account, even for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. 6.4. The collection and use of Personal Data related to the Services are described in HiWay's Privacy Policy located within the same application.
7.1. By accepting the Terms of Use when using the Service, you agree to defend, indemnify, and hold harmless HiWay, its officers, directors, members, employees, lawyers, and agents, against all costs, claims, damages, losses, liabilities, and expenses (including attorney's fees and costs) arising from or in connection with: (a) your use of the Service, the Software, or the Application, your dealings with third-party transportation Providers, third-party providers, partners, advertisers, or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not mentioned in this document or (c) your infringement against the rights of any third party, including third-party transportation Providers engaged through the Service, or (d) your use or misuse of the Service, the Software, or the Application.
8.1. HIWAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, THE APPLICATION, OR THE SOFTWARE. HIWAY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION, OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL WORK IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION OR SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION OR SOFTWARE WILL TRACK YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED STRICTLY "AS IS." All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. The company makes no representation, warranty, or guarantee as to the reliability, security, timeliness, quality, suitability, or availability of any services, including but not limited to, third-party transportation services obtained by or from third parties through the use of the service, application, or software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third-party services, including but not limited to, third-party transportation services, lies solely and entirely with you, and you will have no recourse against the company. 8.2. The service, application, or 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 third-party transportation provider being defective, not connected, out of range, turned off, or not functioning. The company is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
9.1 Any claim against HiWay made by you will be limited in any case to the total amount of all amounts actually paid by or owed by you when using the service during the event that leads to such claims. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, SPECIAL, FUTURE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGE, OR FOR LOSS OF ANY TYPE OR KIND (INCLUDING PERSONAL DAMAGES, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). HIWAY OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY YOU MAY INCUR OR THAT MAY BE CAUSED TO YOU OR ANY PERSON FOR WHOM YOU HAVE CONTRACTED THE SERVICE, INCLUDING, AMONG OTHERS, LOSSES, DAMAGES OR INJURIES ARISING FROM OR RELATED IN ANY WAY TO THE SERVICE, THE APPLICATION OR SOFTWARE, INCLUDING, AMONG OTHERS, USE OR INABILITY TO USE THE SERVICE, THE APPLICATION OR SOFTWARE, ANY TRUST PLACED BY YOU ON THE INTEGRITY, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERENCED IN THE SERVICE, THE APPLICATION OR SOFTWARE, EVEN IF THE COMPANY OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The company does not evaluate or monitor, and will not evaluate or monitor, the suitability, legality, ability, movement or location of any third-party provider, including third-party transportation providers, advertisers or sponsors, and you expressly waive and release the company from any liability, claim or damage arising or related in any way to third-party providers, including third-party transport providers, advertisers or sponsors. HiWay will not be part of disputes, dispute negotiations between you and such third-party providers, including third-party transport providers, advertisers and/or sponsors. We cannot play, and will not play, any role in payment management between you and third-party providers, including third-party transportation providers, advertisers or sponsors. The responsibility for the decisions you make regarding the services and products offered through the service, software or application (with all its implications) lies solely with you. You expressly waive and release the company from any liability, claim, cause of action or damages arising from your use of the service, software or application, or related in any way to third parties, including third-party transportation providers, advertisers or sponsors presented to you by the service, software or application. 9.2. The quality of third-party transport services scheduled through the use of the service is the exclusive responsibility of the third-party transportation provider who ultimately provides you with such transport services. You understand, therefore, that by using the service, you may be exposed to potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable transport, and you use the service at your own risk. 9.3. Services may be available or accessible along with the services and content provided by third parties (including advertising) without HiWay having control of this situation. You agree that different Terms of Use and Privacy Policies may apply to your use of such services and content provided by third parties. On your part, HiWay does not endorse these services or this type of content, and in no case will it be responsible for the products or services provided by third parties. Furthermore, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their respective international subsidiaries and affiliates will be third-party beneficiaries of this contract if you access the Services using applications developed for mobile devices with Apple iOS, Android, Microsoft Windows or Blackberry, respectively. These third-party beneficiaries are not considered as Parties to this contract and are not responsible for providing the Services or for supporting them in any way. Your access to the Services using the aforementioned devices is subject to the terms set forth in the Service Terms for current third-party beneficiaries. 9.4. You are responsible for obtaining access to the data network needed to use the Services. Data usage and messaging fees from your mobile network may apply if you access or use the Services from a wireless-connected device, and you will be responsible for paying such fees. You are also responsible for purchasing and updating compatible hardware or devices needed to access or use the Services and Applications, as well as any updates they require. Additionally, HiWay does not guarantee that the Services, or any part of them, will work on other types of hardware or specific devices. Furthermore, the Services may be subject to failures and delays inherent in the use of the Internet and electronic communications.
10.1. HiWay may allow users to post their own content from time to time ("User Provided Content") which can be accessed by other Service users. HiWay is not obliged to monitor User Provided Content or the use of the Service, nor to retain the content of any user posted in the User Provided Content sections of the Service. You should not provide defamatory, slanderous, hateful, violent, obscene, pornographic, illegal, or in any way offensive content, as determined by HiWay at its sole discretion, even if such material or User Provided Content might be protected by law. 10.2. HiWay will not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you grant HiWay a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any User Provided Content that you submit, post or display on or through it. This license is for the sole purpose of allowing HiWay to display, publicly perform, distribute, and promote the User Provided Content and the website. 10.3. HiWay reserves the right, at its sole and absolute discretion, to modify or remove any information stored or posted on the website. 10.4. HiWay assumes no responsibility for the User Provided Content. Users are prohibited from disclosing any personal data that is not their own. Users may not disclose any sensitive data. The disclosure of confidential data may render the User civilly liable, and in some cases, may be subject to criminal penalties under applicable law.
This Agreement, its rights and the rights of HiWay under this Agreement will be governed by and construed in accordance with the laws of England and Wales. Each of the Parties irrevocably agrees that the London International Arbitration Court (LCIA Court) will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
HiWay may send notifications via a general notice in the App, by email to the email address listed in HiWay's records, or by written communication sent by certified mail or prepaid mail to your address as listed in HiWay's records. Such notification is considered delivered 48 hours after being sent by email or postal mail (if sent by certified or prepaid mail) or 1 hour after sending (if sent by email). You can notify HiWay (such notification is considered delivered when HiWay receives it) by a letter sent by courier or certified mail to HiWay using the contact details provided in the App.
The agreement, as constituted by the Terms of Use, modified from time to time, may not be assigned by you without HiWay's prior written approval but may be assigned without your consent by HiWay. Any alleged assignment by you that violates this section will be null.
14.1. The waiver of any term of the Agreement will not be considered a further or continuous waiver of such term or any other term, and the failure to enforce any right or provision under the Agreement will not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds that any provision or portion of this Agreement is unenforceable, then that provision or part will be interpreted, to the extent possible, to reflect the original provision, and the rest of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The titles of the sections of the Agreement are used for convenience only and have no legal or contractual meaning. No provision of the Agreement will be interpreted against the owners of this site but will be interpreted neutrally and fairly as the terms that a fully informed party voluntarily set forth. The terms of the Agreement, which by their nature should survive the termination of the Agreement, will survive such termination. The references of the headers herein are for convenience only, do not constitute a part of these Terms, and are not deemed to limit or affect any of the provisions hereof. You acknowledge and agree that there exists no joint venture, partnership, employment, or agency relationship between you and us as a result of these Terms or use of the Site, the App, or the Services. Also, you acknowledge that by making User Submissions or other Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Us other than pursuant to these Terms. 14.2. We may notify you via email, postings on the Site, or other reasonable means. You must notify us in writing via email or as expressly indicated.
15.1. By voluntarily accepting this Agreement, you agree that, in its entirety, as provided by applicable legislation, a claim or arbitration proceeding related to this Agreement will be conducted exclusively on a case-by-case basis and that disputes arising from collective claims or representative actions on behalf of third parties will not be considered. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force on issues or claims related to any dispute with individuals other than the declared parties in that arbitration proceeding. This means the following: 1. You agree that you cannot file a claim as a plaintiff or participant in a class action, consolidated action, or representative action. 2. The parties agree that an arbitrator or court will not consolidate the claims of more than one person into a single lawsuit and will not conduct arbitration proceedings or actions of a consolidated, collective, or representative nature (unless all parties agree to modify this provision). 3. The parties agree that the decision or determination of an arbitrator or a court, in the case of a claim from a single person, can only affect the person who filed this claim, but not others, and cannot be used to resolve other disputes with other claimants. If you have any doubts about the quality of the Service, please contact us via email: companyhiway@gmail.com.