These Terms of Service (“Terms”) apply to your access to and use of the websites (the “Sites”) and mobile application (the “PiggyRide App”) (together the “KidExt Technology”) provided by PiggyRide Services, Inc. (“PiggyRide” or “we”) and the other online products and services provided by PiggyRide in connection therewith (collectively with the PiggyRide technology the “Service”).
Important: please review the arbitration agreement set forth in Section 17 below carefully, as it will require you to resolve disputes with PiggyRide on an individual basis through final and binding arbitration.
BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
If you have any questions about these Terms or our Service, please contact us at email@example.com.
The Service is an application based software service that enables users (“Users”) to arrange and schedule rides for children between the age of five and up (the “Rider”) with a third-party service provider (“Piggy-Driver”).
YOU ACKNOWLEDGE THAT THE SERVICE IS MERELY A TECHNOLOGY PLATFORM; THAT PiggyRide DOES NOT PROVIDE YOU WITH ANY TRANSPORTATION SERVICES, AND THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE SERVICE DOES NOT ESTABLISH PiggyRide AS A TRANSPORTATION CARRIER OR AS A PROVIDER OF TRANSPORTATION SERVICES.
Piggy-Drivers are not employees of Piggy Ride but rather provide the transportation (the “Piggy-Driver Services”) directly to you. Although Piggy Ride conducts certain screening of Piggy-Drivers as described in FAQ section (the “Piggy-Driver Screening”), any agreement regarding the Piggy-Drivers Services is strictly between you and the Piggy-Drivers, and PiggyRide is not responsible or liable for the Piggy-Drivers Services or for the conduct, acts or omissions of any Piggy-Drivers. Unless otherwise agreed by PiggyRide in a separate written agreement with you, the Service is made available solely for your personal, noncommercial use, and you are authorized to access and use the Service (including the PiggyRide Technology) solely for your personal use in connection with obtaining Piggy-Drivers Services.
PiggyRide and the Piggy-Drivers deserve the right to refuse service to any passenger or passenger's legal guardian, at their discretion for cause.
Piggy Ride also facilitates payment between you and the Piggy-Driver who provides the Piggy-Driver Services in accordance with Section 4.2 below.
You must be at least 18 years of age to create an account with PiggyRide. If you are under 18 years of age, you may only access or use our Service under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Service or the Piggy-Driver Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith and for the acts of anyone you authorize to arrange for Piggy-Driver Services through our Service or of any Passenger for whom you book any Piggy-Driver Services. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and responsible to us if you or the other person or entity violates these Terms. You represent and warrant to Piggy Ride that you will only book Piggy-Driver Services for Passengers for whom you have been specifically authorized to do so by the parent or legal guardian of the Passenger and who have agreed to the these Terms.
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
You agree to pay, and you hereby authorize PiggyRide’s third-party payment processor to charge, via one or more credit/debit cards or other third-party payment processing accounts on file in your account (each a “Payment Method”) for all applicable fees and taxes that may accrue in relation to your subscription to use the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. If you have more than one Payment Method on file, you will designate one Payment Method as your primary Payment Method. You are responsible for providing complete and accurate Payment Method and contact information to us. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that Piggy Ride may use any other Payment Method in your account, if available. If you do not have a valid Payment Method listed in your account, you agree to promptly provide Piggy Ride with a valid Payment Method immediately upon request. Any amounts that Piggy Ride is unable to charge to a valid Payment Method will be late payments and will bear interest at the maximum allowable rate until paid. We may suspend or terminate your access to the Service if a payment is 30 days past due.
All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Service, are stated in Indian Rupee and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Piggy Ride’s income or the income of thePiggy-Driver. PiggyRide has no obligation to provide refunds or credits relating to any Piggy-Driver Services, but may do so in PiggyRide’s sole discretion.
You will be charged a fee by your Piggy-Driver for any and all rides and other services completed by your Piggy-Drivers (“Piggy-Driver Services Fees”). Piggy-Driver Services Fees vary based on the particular Piggy-Driver Services in question and may include tolls, surcharges and other fees (such as waiting fees, cancellation fees, service fees for changes to rides after the cutoff time, booking rides after the cutoff time and split payment fees where applicable), as described in the confirmation email you will receive upon booking a ride. When scheduling Piggy-Driver Services through the Piggy Ride App, you will be quoted an estimate of the applicable Piggy-Driver Services Fees before you confirm your reservation. Your actual Piggy-Driver Services Fees charged by your Piggy-Driver for any given Piggy-Driver Services may vary from these estimates based on (a) the amount of time it takes to perform your Piggy-Driver Services (e.g., including the Piggy-Driver’s waiting time if you, other passengers or your account passengers, as applicable, delay your pick-up or departure time, or due to traffic delays), (b) the distance travelled during your Piggy-Driver Services (e.g., if a detour is required to avoid adverse road conditions), and (c) the amount of any tolls, surcharges, and other fees which you are responsible for paying. Your Piggy-Driver Services Fees may also vary if you change your pick-up time after confirming your Piggy-Driver Services reservation, or if your Piggy-Driver is late for your scheduled pick-up time. Service Fees may also include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or other fees for split payments.
You understand that use of the Service to arrange for Piggy-Driver Services may result in charges to you for the Piggy-Driver Services you receive from a Piggy-Driver. After you have received Piggy-Driver Services obtained through your use of the Service, PiggyRide will facilitate your payment of the applicable fees on behalf of the Piggy-Driver. Payment of the fees in such manner will be considered the same as payment made directly by you to the Piggy-Driver. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable.
All Piggy-Driver Services Fees are due immediately and payment will be facilitated by Piggy Ride using the Payment Method designated in your account, after which Piggy Ride will send you a receipt by email.
As between you and Piggy Ride, Piggy Ride reserves the right to establish, remove and revise fees for the Service or for any or all services obtained through the use of the Service, including on behalf of Piggy-Drivers with respect to the Piggy-Driver Services Fees, at any time in Piggy Ride’s sole discretion. Piggy Ride 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 obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Service or the fees applied to you. You may elect to cancel your request for Piggy Driver Services from a Piggy-Driver at any time prior to such PiggyRide’s arrival, in which case you may be charged a cancellation fee as described in the confirmation email you will receive upon booking a ride.
The Piggy-Driver Services Fees are intended to fully compensate the Piggy-Drivers for the Piggy-Drivers Services provided. Piggy Ride does not designate any portion of your payment as a tip or gratuity to the Piggy-Drivers. Any representation by Piggy Ride (on PiggyRide’s website, in the PiggyRide App, or in PiggyRide’s marketing materials) to the effect 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 Piggy Ride provides any additional amounts, beyond those described above, to the Piggy Drivers. You understand and agree that, while you are free to provide additional payment as a gratuity to any Piggy-Drivers who provides you with Piggy-Driver Services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Piggy-Driver Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Piggy-Driver.
You may elect for a Passenger under your account to share a ride with Passengers of other Users who have an account with PiggyRide (a “Carpool”). Each Passenger’s parent or legal guardian must have an active account with PiggyRide and must authorize the party arranging the Carpool to book a ride on their behalf. Carpools may also be booked by an enterprise, such as a school, that each parent or legal guardian of a Passenger in the Carpool has authorized to book rides on their behalf. PiggyRide will decide the best route and pickup/drop off sequence for the Carpool. PiggyRIde will show the minimum to maximum approximate pricing range based on the number of Passengers invited to join the Carpool. The final price per Passenger will be based on the actual Passengers participating in the ride.
You will be responsible for the cost of repair for damage to, or necessary cleaning of, Piggy-Driver’s vehicles and other property resulting from use of the Piggy-Driver Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Piggy-Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by PiggyRide in PiggyRide’s reasonable discretion, PiggyRide reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Piggy-Driver using your payment method designated in your Account. Such amounts will be transferred by Piggy Ride to the applicable Piggy-Driver and are non-refundable.
The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use the Service, you expressly agree that Piggy Ride and Piggy-Drivers may contact you via text message, phone or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by texting STOP to cancel and you may text HELP for customer support information. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Piggy Ride. You grant Piggy RIde a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post.
You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Piggy-Driver Services, and you are solely responsible for your conduct while accessing or using our Service or the Piggy-Driver Services. Without limiting the foregoing, you will not:
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Piggy Ride Content”) are owned by or licensed to Piggy Ride and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Piggy Ride and our licensors reserve all rights in and to our Service and the Piggy Ride Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service and PiggyRide Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or Piggy Ride Content; (b) copy, reproduce, distribute, publicly perform or publicly display Piggy Ride Content, except as expressly permitted by us or our licensors; (c) modify the PiggyRide Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or Piggy Ride Content; and (d) use our Service or Piggy Ride Content other than for their intended purposes. Any use of our Service or Piggy Ride Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Piggy Ride or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of Piggy Ride. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PiggyRide may at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on our Service infringes any copyright that you own or control, you may notify Piggy Driver’s Designated Agent as follows:
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Piggy Ride and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“Piggy Ride Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our Service or the Piggy-Drivers Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Piggy-Drivers Services, including any bodily injury or property damage you cause. You agree to promptly notify Piggy Ride Parties of any third party Claims, cooperate with Piggy RIde Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the PiggyRide Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PiggyRide or the other PiggyRide Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the Piggy Drivers Services or for the conduct of any Piggy Drivers.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PIGGYRIDE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PIGGY RIDE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, PIGGYRIDE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND PIGGYRIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE PIGGY-DRIVERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICE. ANY DECISION BY A MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A PIGGY_DRIVER IS A DECISION MADE IN SUCH MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER’S SOLE DISCRETION. PIGGYRIDE OFFERS INFORMATION AND TECHNOLOGY TO CONNECT PIGGY-DRIVER AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR CHILDCARE SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER OR CHILDCARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES, CHILDCARE SERVICES, OR OTHER SERVICES PROVIDED TO ANY MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY PIGGY-DRIVER USING THE SERVICE.
ALTHOUGH PIGGYRIDE CONDUCTS CERTAIN PIGGY-DRIVER SCREENINGS AS DESCRIBED AT https://, AND ALTHOUGH ONLY PIGGY-DRIVERS WHO SUCCESSFULLY COMPLETE THE PIGGY-DRIVERS SCREENING PROCESS, AS DETERMINED IN PIGGYRIDE’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE PIGGY-DRIVER SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, PIGGY RIDE CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE PIGGY-DRIVER SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY PIGGY-DRIVER, THE PIGGY-DRIVER SERVICES PROVIDED BY ANY PIGGY-DRIVER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY PIGGY-DRIVER SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A PIGGY-DRIVER WILL MEET YOUR NEEDS AND EXPECTATIONS. PIGGYRIDE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A PIGGY-DRIVER. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING A PIGGY-DRIVER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF PIGGY-DRIVER ARRANGED OR SCHEDULED USING THE SERVICE IS AT YOUR OWN RISK AND JUDGMENT. PIGGY RIDE WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH PIGGY-DRIVER OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY PIGGY-DRIVER SCREENINGS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PIGGY RIDE AND THE OTHER PIGGYRIDE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF PIGGYRIDE OR THE OTHER PIGGYRIDE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF PIGGYRIDE AND THE OTHER PIGGYRIDE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE OR THE PIGGY-DRIVER SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of PiggyRide or the other PiggyRide Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
By accessing or using our Service, you consent to the processing, transfer and storage of information about you in and to India and other countries, where you may not have the same rights and protections as you do under local law.
PiggyRide will provide limited liability insurance covering you and passengers during rides that are part of the Piggy-Driver Services. However, Piggy-Drivers are otherwise responsible for insurance for the vehicles they use to provide the Piggy-Driver Services.
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of India, without regard to conflict of law rules or principles (whether of India or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts of law of Karnataka, India.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
By creating a Piggy Ride account, you also consent to receive electronic communications from Piggy Ride (e.g., via email or by posting notices on our Service). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Service. We also reserve the right to modify, suspend or discontinue the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).