Global Terms & Conditions for ADLER Mobility, s.r.o.

Welcome to LIFTAGO, a technology platform that brings together service providers with mobile customersprovided by ADLER Mobility, s.r.o. (collectively, “LIFTAGO”, “we”, “us” and “our”), ID No. 29138787, registered at Karlovo náměstí 313/8, Nové Město, 120 00 Praha 2 Czech Republic.

These Global Terms & Conditions (“GTC”) apply when the user (“You”) use(s) and/or visit(s) our websites and/or our Mobile Application and/or our social networking sites such as on Facebook etc. (all collectively, “LIFTAGO’s Websites and Apps”)

For information on the way we collect and use your personal data, please see our Privacy Policy.

Please review these GTC (which include applicable documents referred to herein) which sets out the terms and conditions under which You may use LIFTAGO’s Websites and Apps, whether as a guest (i.e. non-registered user) or a registered user. However most parts and features of LIFTAGO’s Websites and Apps are available only to registered users.

IMPORTANT – READ CAREFULLY: By clicking the “I AGREE” button, You expressly agree to and consent to be bound by the terms of these GTC. If You do not agree to the terms of these GTC, You must not access LIFTAGO’s Websites and Apps.

You must accept these GTC as a condition of visiting or using LIFTAGO’s Websites and Apps as well as associated software.

These GTC may be complemented by the additionally agreed upon country-specific supplementary provisions from us for the respective country in which You access LIFTAGO’s Websites and Apps.

Your use of LIFTAGO’s Websites and Apps or any other of our software licensed through a third-party distributor such as the Apple iTunes Store or Google Play, is also governed by the applicable current end-user license agreement, which is made available through the third-party distributor.

PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS WILL APPLY TO THE TRANSPORTATION SERVICES YOU BOOK, INCLUDING PAYMENT RATES AND CANCELLATION POLICIES THAT ARE SET BY THE TRANSPORTATION PROVIDER.

PLEASE NOTE: The transportation provider is also bound by the applicable regulations in relation to the use of LIFTAGO’s Websites and Apps and by any local laws, tariffs and tariff rules applicable to the relevant kind of transportation. The transportation provider shall accept requests for transport only insofar as permissible in accordance with the applicable provisions.

PLEASE NOTE (FOR ALL EXCEPT TRANSPORTATION PROVIDERS): Except for the costs for using the mobile device (for example connecting costs) the use of LIFTAGO’s Websites and Apps is generally free of any charge unless mandatory statutes (such as taxi tariff regulations) in specific regions require the taxi driver to add a surcharge to the fare for placement through communications facilities (including the internet). The LIFTAGO App may facilitate transportation fee payments between you and the transportation provider.

  1. YOUR USE OF LIFTAGO

LIFTAGO allows mediation of the contracts for the carriage of persons (taxi service) concluded between You and the driver on behalf of the driver. LIFTAGO is not part of the contract concluded between You and the driver and is not responsible for performance of the mediated contract of carriage of persons (taxi service).

You agree:

  • not to use LIFTAGO’s Websites and Apps if (a) You are not of legal age to form a binding contract with us, or (b) You are barred by law from using LIFTAGO’s Websites and Apps or accepting these GTC. Notwithstanding the foregoing, LIFTAGO’s Websites and Apps are not available to children (persons under the age of 18). By using LIFTAGO’s Websites and Apps, You represent and warrant that You are at least 18 years of age. By using LIFTAGO’s Websites and Apps, You represent and warrant that You have the right, authority and capacity to accept these GTC and to abide by its provisions; that this service is proprietary to LIFTAGO and is protected by intellectual property laws and international intellectual property treaties. LIFTAGO grants You a nonexclusive, nontransferable license to access LIFTAGO’s Websites and Apps, content, and any applications. You must not use LIFTAGO’s Websites and Apps, content or application after the expiration or other termination of the license; and promise that all information and details provided by You to us (including on registration) are true, accurate and up-to-date in all respects, and at all times. You can update or correct your details at any time via LIFTAGO’s Websites and Apps; and acknowledge that your use of LIFTAGO’s Websites and Apps grants You no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to our software, LIFTAGO’s Websites and Apps) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive our services in accordance with these GTC;

You will not use LIFTAGO’s Websites and Apps for any unlawful purpose in any way, particularly in a way that interrupts, damages, overloads, impairs, or renders LIFTAGO’s Websites and Apps less efficient or bypasses the intended purpose of LIFTAGO’s Websites and Apps. You will neither personally, nor through third parties, bypass or modify the security precautions of LIFTAGO’s Websites and Apps, or transfer files that contain viruses, Trojans, or other harmful programs, or access or attempt to access the accounts of other users or penetrate or attempt to penetrate any security measures; that You will not disseminate any content which is defamatory, obscene, or may have the effect of being threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age,disability, or otherwise;

You will not “stalk” or otherwise harass any person. You will not impersonate any person or entity;

You will also not advertise or promote your own or third-party products or services through LIFTAGO’s Websites and Apps (For all except transportation providers regarding they transportation services offered through LIFTAGO’s Websites and Apps.);

You will not express or imply that any statements You make are endorsed by us; You will not “frame” or “mirror” any part of LIFTAGO’s Websites and Apps without our prior written authorization; to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation, and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by You or other users of LIFTAGO’s Websites and Apps. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If You have a complaint about another user please contact us; that You will comply with all applicable national laws; if You choose, or You are provided with, a user identification code, password or any other information as part of the security procedures, You will treat such information as confidential, and You will not disclose it to any third-party(ies). You are responsible for restricting access to your mobile device or other technology where appropriate. You agree to be responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that take place via your account or password. You agree to (a) notify us immediately of any unauthorized use of your account or any other breach of security, and (b) ensure that You exit your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You are also responsible for ensuring that all persons who access LIFTAGO’s Websites and Apps through your internet connection are aware of these GTC, and that they comply with them. We reserve the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time and without notice, if in our opinion You have failed to comply with any of the provisions of these GTC; and acknowledge that LIFTAGO’s Websites and Apps do not include the required internet use; and therefore You are responsible for making all the necessary arrangements in order to access LIFTAGO’s Websites and Apps. It is at your expense and You are solely responsible for internet access, technical requirements, and the configuration and capability of the device for using LIFTAGO’s Websites and Apps; and acknowledge that we reserve the right to automatically replace the transportation provider selected by the customer for a booking with an alternative transportation provider, if the original transportation provider cannot fulfill the booking;

and acknowledge that the quote displayed to You when You make your booking is the estimated journey price excluding any extras not mentioned in the booking request. All quotes are based on the specific pricing systems of the transportation provider. Given the fast-moving nature of the transportation providers industry, it is sometimes impossible to keep the quote active and available for more than 20 second; and hence, we are not in a position to hold the quotes for any substantial period of time; and acknowledge that we do not guarantee that a transportation provider is available for order at the time of your request; to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these GTC; that any contract for the provision of transportation services (the contract for the carriage of person) is between You and the transportation provider (or “You and the passenger“ if You are the transportation provider), and not us, and we simply provide a platform to introduce transportation providers and passengers.

Booking of transportation services (for passengers)

For placing a booking request You must have accepted these GTC. Once the booking request is submitted, one or more transportation providers will be notified and will be able to bid. We do not guarantee that a transportation provider will bid to any booking requests. If a booking request is bidded for by a transportation provider(s), You will receive this bid(s) with detailed information about the bid.

You agree to make payment in full to any driver introduced to you through LIFTAGO’s Websites and Apps for any services provided by such driver to you (although you may choose to use LIFTAGO’s Websites and Apps to facilitate such payment).

Price displayed for booking comparisons

The estimated quote displayed to You when You make your booking is the journey price including any extras (included in the booking request). All estimated quotes are based on the specific pricing systems of the individual transportation provider.

Booking of transportation services (for transportation providers)

Bidding for booking requests

To be able to receive a booking request You must be a transportation provider who has accepted these GTC. If You bid for a booking request and the passenger will accept your bid, we will confirm such passenger’s final acceptance to You. Once You have received the final acceptance of your bid, it is your responsibility to provide the transportation service to the passenger as stated in the confirmation and in accordance with your bid and our GTC. It is your responsibility to verify before bidding for any booking requests that they contain all the details that are deemed legally necessary and sufficient for You to confirm the fare and availability by your bid and to provide your services.

Deducting credits

For each bid accepted by the passenger, credits in the amount of 13% of the ride price maximum will be deducted. Transportation providers can only place a bid if they have sufficient number of credits on their LIFTAGO account. Transportation providers can add credits on LIFTAGO’s Websites and Apps, but the transportation provider acknowledges that the amount of credits per ride may vary depending on the city in which the transportation provider is operating.

In case of cancellation by the passenger or no show, LIFTAGO may refund the deducted credits by adding the credits to the transportation provider‘s LIFTAGO account. The credits may only be refunded at LIFTAGO’s sole discretion.

Use of LIFTAGO’s Websites and Apps does not entitle You to: 

use LIFTAGO’s Websites and Apps in such a way that this use has a negative impact on a third-party(ies) or infringes their rights; impede the normal operation of the network; affect the operation of LIFTAGO’s Websites and Apps in any manner whatsoever; modify or create derivative works based on LIFTAGO’s Websites and Apps or our software; execute a program or automated script (including web spiders, web crawlers, web robots, web ants, web indexers, bots, worms or viruses) or any program that can issue multiple server requests per second or unduly burdening or interfering with the operation and/or performance of LIFTAGO’s Websites and Apps or our software; conduct any collection of use of any product and/or service listings, descriptions and/or prices.

You also agree (for transportation providers):
that You possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for rental to third parties in all jurisdictions in which You use LIFTAGO’s Websites and Apps;

You own, or have the legal right to operate, the vehicle which You intend to use when accepting passengers, and that this vehicle is in good operating condition and meets the industry safety standards for a vehicle of its kind;

You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service;

You will be solely responsible for any and all liability which results or is alleged as a result of the operation of your motor vehicle/passenger vehicle and/or taxi/passenger delivery service, including, but not limited to personal injuries, death and property damages;

You will obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws (including, without limitation, following safety laws in relation to the use of mobile devices when driving);

You will provide us with whatever proof of identity we may reasonably request; since You can be identified via the activated application by nearly participating potential passengers, You shall be obliged to accept available transport requests subject to the legislation applicable to You, provided that the application is activated and your vehicle is free;

You shall update the status of your taxi/passenger delivery service (free or engaged) in the activated application at all times, so that potential passengers can always identify your current status;

and acknowledge that we do not guarantee any minimum number of passengers who will be available and/or willing to use your transportation services at any time. It is of your responsibility to verify before accepting any requests that they contain all the details that are necessary and sufficient to confirm the fare and availability; You acknowledge that there shall be appropriate information posted by You on LIFTAGO’s Websites and Apps for passengers to make a fully-informed decision about your fares, services offerings, policies and procedures. Therefore, You shall disclose there that You attempt to do business with your services offerings and relevant policies, procedures and fees that You will charge. The price structure of your transportation services is defined by You on LIFTAGO’s Websites and Apps and You have complete control over it. It is your responsibility to ensure that your fares listed on LIFTAGO’s Websites and Apps are correct and valid. We accept no responsibility for the consequences if You provide incorrect and/or incomplete fare information.

  1. AVAILABILITY

We are not obliged to provide constant and uninterrupted availability of LIFTAGO’s Websites and Apps. However, we will exercise our best efforts to provide the reasonably possible availability, and to correct failures promptly as reasonably possible.

We reserve the right at any time to modify or discontinue, temporarily or permanently, LIFTAGO’s Websites and Apps (or any part thereof) with or without notice. You agree that we shall not be liable to You or to any third-party(ies) for any modification, suspension, or discontinuance of LIFTAGO’s Websites and Apps.

LIFTAGO’s Websites and Apps are available on a number of different devices, and these GTC shall apply on any such device, both current and future.

  1. LIMITS ON OUR LIABILITY

For all (except transportation providers)

We provide You with access to a large number of independent transportation providers in your locality. Transportation services rendered are settled solely between You and the transportation provider, and shall be in accordance with all applicable local laws and regulations. The use of LIFTAGO’s Websites and Apps does not impose a binding agreement between You and us concerning your claim for personal transportation. Any remedies that might evolve from the passed-on request for personal transportation carried out by the transportation provider relates solely to the contractual relationship between the transportation provider and You. We explicitly do not take any liability for any third parties, such as transportation providers. We simply provide only a platform to introduce transportation providers and passengers and cannot be considered in any way as a carrier and/or transportation provider.

We are not responsible for personal safety, health or security of the passenger and/or his or her property during the transport. Should You have any doubts regarding the driver´s driving skills, please ask for transportation termination immediately and let us know.

We are not responsible for the actions or inactions of any transportation providers, neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide LIFTAGO’s Websites and Apps.

Any information, commentary, and other materials displayed on LIFTAGO’s Websites and Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the Internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching You or a transportation provider in a timely manner.

For transportation providers

We provide You with access to a large number of passengers in your locality. Transportation services rendered are settled solely between You and the passenger(s), and shall be in accordance with all applicable local laws and regulations. The use of LIFTAGO’s Websites and Apps does not impose a binding agreement between You and us concerning passenger’s(s’) claim for personal transportation. Any remedies that might evolve from the passed-on request for personal transportation carried out by You relates solely to the contractual relationship between You and the passenger(s). We explicitly do not take any liability for any third parties, such as passenger(s). We simply provide only a platform to introduce transportation providers and passengers and cannot be considered in any way as a carrier or passenger’s(s’) representative or agent.

We are not responsible for the actions or inactions of any passenger(s), neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide LIFTAGO’s Websites and Apps.

Any information, commentary, and other materials displayed on LIFTAGO’s Websites and Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching You or a passenger(s) in a timely manner.

As a transportation provider, it is your responsibility to adhere to any and all transportation related legal regulations. You shall behave considerately and shall not endanger the health and/or property of your passenger and/or any third parties. Failure to adhere to such obligations or repeated complaints of passengers may be grounds for termination of your access to LIFTAGO´s Websites and Apps.

For all

If You are using LIFTAGO’s Websites and Apps in a country where common-law system is also used, You are also bound by all the following in this Section 3 (if common-law system is not also used in the country where You are using LIFTAGO’s Websites and Apps, then You are bound by the following only to the fullest extent permitted by applicable law):

THE LIFTAGO WEBSITE, CONTENT, AND APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. LIFTAGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIFTAGO MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. LIFTAGO SHALL NOT BE LIABLE IN ANY WAY FOR SUMS OWED BY A PASSENGER TO A TRANSPORTATION PROVIDER, OR BY A TRANSPORTATION PROVIDER TO A PASSENGER. LIFTAGO’S TOTAL LIABILITY FOR TORT, CONTRACT, AND OTHER DAMAGES SHALL NOT EXCEED THE SUMS YOU PAID TO LIFTAGO DURING THE 12-MONTH PERIOD PRECEDING THE FIRST ACT OR OCCURRENCE GIVING RISE TO THE DAMAGES. LIFTAGO IS NOT LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER. LIFTAGO IS NOT LIABLE FOR ANY CLAIM OR DEMAND AGAINST YOU BY A TRANSPORTATION PROVIDER OR ANY THIRD-PARTY(IES). YOUR REMEDIES UNDER THIS AGREEMENT OR AT LAW OR IN EQUITY ARE LIMITED TO THOSE SET FORTH IN THIS AGREEMENT. LIFTAGO SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED BY YOUR ACTIONS IN YOUR RELATIONSHIP WITH ANY PASSENGERS OR ANY THIRD-PARTY(IES). LIFTAGO DISCLAIMS ANY WARRANTY AND DOES NOT REPRESENT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS.

YOU MAY USE CERTAIN THIRD-PARTY SOFTWARE OR EQUIPMENT IN CONJUNCTION WITH LIFTAGO’S WEBSITE, CONTENT, AND APPLICATIONS. YOU WILL USE THIRD-PARTY SOFTWARE, CONTENT, AND EQUIPMENT AT YOUR OWN RISK. LIFTAGO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF THE THIRD-PARTY SOFTWARE OR EQUIPMENT, INCLUDING THE ABILITY TO INTEGRATE SAME WITH THE SOFTWARE. THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF THE THIRD-PARTY SOFTWARE OR EQUIPMENT LIE SOLELY WITH YOU AND THE VENDOR OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.

THE AMOUNTS TO BE PAID TO LIFTAGO UNDER THIS AGREEMENT DO NOT INCLUDE ANY ASSUMPTION OF RISK, AND LIFTAGO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR (i) ECONOMIC, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER CLAIMED UNDER CONTRACT, TORT, BREACH, FAILURE OF WARRANTY OR ANY OTHER LEGAL THEORY OR (ii) LOSS OF OR DAMAGE TO YOUR DATA OR PROGRAMMING.

Additional provisions (for all)

We are not liable for the content, and websites of third parties on LIFTAGO’s Websites and Apps.

LIFTAGO’s Websites and Apps include links to other websites or material, which are beyond our control.

In the event that we temporarily or irrevocably discontinue all or part of our services, this circumstance does not constitute a liability.

You have certain rights under the law. Nothing in these GTC is intended to affect these statutory rights.

Indemnification (for all)

You hereby agree and undertake fully and effectively to indemnify us and keep us indemnified from and against all damages, losses, claims, demands, expenses (including legal and professional expenses), costs and liabilities caused by the transportation provider (by “the passenger“ if You are a transportation provider) undertaking your journey.

You agree to indemnify and hold us harmless from all liabilities, claims, and expenses that arise from the content You submit, post, or transmit via LIFTAGO’s Websites and Apps, or from your use/misuse of LIFTAGO’s Websites and Apps, or the use/misuse by any person for whom You are responsible, or from your violation of these GTC.

  1. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all (registered and unregistered) intellectual property rights in LIFTAGO’s Websites and Apps, and in the material published on it other than any third-party intellectual property rights.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on LIFTAGO’s Websites and Apps are our registered and unregistered Trademarks, other than any third-party intellectual property rights. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

You will not remove any copyright, trademark, or other our proprietary rights notices.

In addition, text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, interactive content, and scripts are our intellectual property, and may not be copied, used or imitated without our consent as presented in the Contract {namely (1) the Independent Marketer Global Application and Agreement, (2) the Global Terms and Conditions, (3) the Policies and Procedures, (4) the Code of Ethics and (5) the Rewards Plan}. The compilation and appearance of all content on LIFTAGO’s Websites and Apps is our exclusive property. Nothing contained on LIFTAGO’s Websites and Apps should be construed as granting, by implication or otherwise, any licence or right to use any of our intellectual property rights or those of any third-party(ies) without our permission.

There could be one or more pending patent applications and/or patents owned by us which apply to LIFTAGO’s Websites and Apps and/or to the features and services accessible via LIFTAGO’s Websites and Apps. Your misuse of the intellectual property displayed on LIFTAGO’s Websites and Apps, or any other content on LIFTAGO’s Websites and Apps, is strictly prohibited.

You may print off copies, and may download extracts, of any page(s) from LIFTAGO’s Websites and Apps for your personal reference, and You may draw the attention of others to materials posted on LIFTAGO’s Websites and Apps.

You must not modify the paper or digital copies of any materials You have printed or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on LIFTAGO’s Websites and Apps and the owners of the intellectual property on LIFTAGO’s Websites and Apps must always be acknowledged. If You print off, copy, or download any part of LIFTAGO’s Websites and Apps in breach of these GTC, You must, at our request, return or destroy any copies of the materials You have made.

You are also advised that we may enforce our intellectual property rights to the fullest extent permitted by law. If we decide not to enforce or exercise our legal rights in respect of a breach of our intellectual property rights at any given time, this does not prevent us from later exercising or enforcing such rights.

Third-party copyright and trademarks

Third-party names, logos and icons identifying third-party products and services referenced herein are the trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are the copyrights and/or trademarks of their respective owners.

  1. SOFTWARE
    You agree and acknowledge that all software provided by us and used by You remains at all times our property and is considered as confidential information. Our software provided to You must not be copied, modified, reverse-engineered, decompiled or distributed; not to grant a license or sublicense, download (other than page caching), copy, sell, resell, transfer, assign, distribute, commercially exploit or make available to any third-part(ies) LIFTAGO’s Websites and Apps or our software in any manner whatsoever; and acknowledge that the estimated meter in the LIFTAGO App shows a fare estimate only; the actual price requested by the transportation provider may differ. It is your obligation as an passenger to check the fare and services price of the relevant transportation provider in advance.
  2. ACCOUNT TERMINATION

We may suspend, restrict or terminate your access to LIFTAGO’s Websites and Apps and/or close any account You have with us anytime solely at our discretion and without notice. In case of a repeated breach of these GTC, LIFTAGO may block your use of the LIFTAGO´s Websites and Apps using Your mobile device or other technology for an indefinite period of time. This shall not limit our right to take any other action against You that we consider appropriate to defend our rights or those of any other person.

You are under no obligation to use LIFTAGO’s Websites and Apps and may simply choose to stop using it at any time and without notice. The same shall apply to closing your account.

Your withdrawal of consent will not affect the legal validity or enforceability of these GTC provided to, and electronically signed by, You prior to the effective date of your withdrawal.

  1. SURVIVAL

Those rights and obligations which are by their nature, intended to survive termination of these GTC shall survive such termination, including, without limitation, the provisions governing, confidentiality, limitations of liability, indemnification, choice of law and choice of forum and non-competition.

  1. GENERAL

We may wish to transfer our rights or obligations or sub-contract our obligations under these GTC to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service You receive under these GTC. As set out in Section 6, You may terminate your agreement with us at any time. These GTC are personal to You. You may not transfer your rights or obligations under these GTC to anyone else.
If You breach these GTC and we take no immediate action against You, we will still be entitled to use our rights and remedies later and/or in any other situation in which You breach these GTC.

In the event that a provision within these GTC becomes invalid, unenforceable, or contains a loophole, this shall not impact the validity of the remaining provisions. The invalid provision, unenforceable provision, or loophole shall be replaced with a provision as close as possible to the intent of these GTC. If there is no such provision, then the provision which became invalid, unenforceable or contains a loophole shall be reformed only to the extent necessary to make it enforceable, valid, or without a loophole and these GTC shall remain in full force and effect.

 

 

 

Nothing in these GTC will constitute a partnership, agency relationship, contract of employment or any affiliation or association between You and us.

 

You agree that if You receive any information containing personal information of other users of LIFTAGO’s Websites and Apps, You will not use such information except for your personal use of LIFTAGO’s Websites and Apps (or in the administration of your business if You are a transportation provider or a Marketer), and that upon termination of this GTC, You will immediately delete all such information from your files, except as otherwise required by law.

 

 

 

These GTC are executed in the Czech language which is its original version. Where LIFTAGO prepares and provides any translation for the Czech language version (into English for instance, as in this case) for a particular country, such translation is for informative purpose only and in case of discrepancies between the language versions the Czech version of the GTC prevails.

 

 

 

Additional provisions

 

 

 

These GTC are entered into between You and LIFTAGO. Apple, Inc. (“Apple”) is not a party to these GTC and shall have no obligations with respect to LIFTAGO’s Websites and Apps. LIFTAGO, not Apple, is solely responsible for LIFTAGO’s Websites and Apps and the content thereof as set forth in these GTC. However, Apple and Apple’s subsidiaries are third-party beneficiaries of these GTC. Upon your acceptance of these GTC, Apple shall have the right (and will be deemed to have accepted the right) to enforce these GTC against You as a third-party beneficiary thereof. These GTC incorporate by reference the Licensed Application End User License Agreement (http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) published by Apple, for the purpose of which, You are “the end user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these GTC, the terms of these GTC shall prevail.

 

 

 

Nothing in these GTC is intended to limit our liability beyond what is permitted by applicable law.

 

 

 

  1. CHANGES TO OUR GTC

We may amend these GTC from time to time. These changes are effective immediately upon posting and/or electronic delivery. Your continued access or use of LIFTAGO’s Websites and Apps, after we make changes is deemed to be your acceptance of those changes. If we make any material changes in these GTC we will notify You by e-mail (sent to the e-mail address specified in your account) or by means of a notice on LIFTAGO’s Websites and Apps prior to the change becoming effective.

 

  1. PAYMENT
    The LIFTAGO´s Websites and Apps allow for storing your payment card details (secure card vaulting) with the payment services provider (Braintree, division of PayPal (Europe) Sàrl & Cie, SCA, a limited liability partnership R.C.S. Luxembourg B 118 349 se sídlem 22-24 Boulevard Royal, L-2449, Luxembourg) and Československá obchodní banka, a. s., IČ: 00001350, se sídlem Praha 5, Radlická 333/150, PSČ 15057, in order to provide an easier way to pay for Your rides. LIFTAGO reservers the right to change the payment services provider; however, we will at all times use exclusively PCI DSS (Payment Card Industry Data Security Standard) Level 1 certified payment services providers. LIFTAGO does NOT store or process any of your payment card details.

Payments (for passengers)

If you choose to pay for a taxi ride through LIFTAGO’s Websites and Apps then such payment will be taken automatically at the end of the journey using the payment card details you provided to us. You agree that we may undertake authorisation checks on that card when you first join as well as when you order a taxi ride through LIFTAGO’s Websites and Apps.

Once you have taken a taxi ride you won’t be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non-refundable. If you have any complaint in relation to the taxi service provided then that dispute must be taken up with the driver directly.

As a passenger, you are entitled to pay for transport / taxi services also using the LIFTAGO Credits ( “LIFTAGO Credits”) as these are defined in the Conditions for the acquisition and use LIFTAGO credits (“Terms”), subject to the conditions of the Terms and alse these GTC. Full Terms is available here. The manifestation of consent with these GTC you also agree on the Terms.

Unless specified in the Terms otherwise, the LIFTAGO credits means a sum of money expressed in a particular currency within user account on LIFTAGO’s Websites and / or Apps for which can be via LIFTAGO’s Websites and / or Apps paid for transport / taxi services. LIFTAGO credits are electronic funds not representing any advance payment for transport/taxi services or any other goods or services.

 

Payments (for transportation providers)

Prices of the credits and rides are set out on our website. Unless specified otherwise, we do not provide any security measures with respect to card payments nor any other guarantees regarding the ride purchases. Transaction and conversion fees are borne by us as a merchant. We do not provide payment protection or guarantees in relation to purchasing transactions. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorized.

We have the right to suspend the processing of any transaction at our sole discretion.
You agree to cooperate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.
We may delay or withhold credits that we provide to you in exchange of your payment in case of pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.

You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these GTC and use of LIFTAGO and you agree to cooperate fully with any such audit.

If the passenger will pay for your services through LIFTAGO’s Websites and Apps, you agree that LIFTAGO will deposit such payment to its accounts and will release it after transaction fee deduction in 14 days periods. LIFATGO reserves the right to prolong the payout period if needed.

Credit Card Chargebacks

Under no circumstance will any driver chargeback any payment card purchase. Any driver who does so will immediately lose all payment card ordering privileges until the charges are replaced with certified funds.

 

Promotional codes (for passengers)

LIFTAGO may, in LIFTAGO’s sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related from time to time to any of the LIFTAGO services and/or to services provided by a third party, subject to any additional terms that LIFTAGO establishes on a per promotional code basis (“Promotional Codes”).

In case you have stored your payment card via the LIFTAGO Website or App with our payment services provider, you can choose to enter a promotional code. The decision to use promotional codes is yours. A promotional code can only be used to cover an ordered and carried out transport operation paid by a payment card in the amount of the promotional code value. You are not entitled to any compensation in case the total transportation fee is lower than the value of the promotional code.

You agree that Promotional 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 to a public form or otherwise), unless expressly permitted by LIFTAGO; (iii) may be disabled by LIFTAGO at any time for any reason without liability to LIFTAGO; (iv) may only be used pursuant to the specific terms that LIFTAGO stablishes for such Promotional Codes; (v) have no cash alternative; (vi) may expire prior to your use; and (vii) may not be used for any other purposes than for the purpose of transportation fee payment to the LIFTAGO drivers using the LIFTAGO App. LIFTAGO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user in the event that LIFTAGO determines or believes that the use or redemption of the Promotional Code was in error, fraudulent, illegal, or was attempted multiple times by the same user, or was in violation of the applicable Promotional Code terms or these Terms.

 

  1. DISCLAIMER
    You acknowledge and agree that will not be treated as or represent yourself as an employee for purposes of any and all of applicable law, especially employment law and tax law.
    You acknowledge and agree that the only way when Liftago reward or compensate anybody for spreading the word about Liftago, or its services, is to participate in the Share with Friends program.

You agree that if You receive any information containing personal information of any other person through or in connection with Liftago’s Websites and Apps, You will not use such personal information except in accordance with our Privacy Policy and upon termination of these GTC You will immediately delete all such personal information from your files, except as otherwise required by law.

 

  1. Share With a Friend (for passengers)

Our “Share With a Friend” program is available to you. If you send an invitation to the LIFTAGO App to your friend, your friend shall following the new account creation, receive a promotional code of a value applicable at the time of opening the account, designated the payment for the first ride. Once this first ride is performed, you will be sent a reward in the form of a promotional code of a value applicable at the time when your friend took the first ride. The reward promotional code can be used only for payments for rides, carried out by your account.

You are not entitled to withdraw, nor have you any other rights to the cash equivalent of the allocated or otherwise obtained promotional codes value and the decision to use promotional codes is yours. The value of the promotional codes cannot and will not be paid up in cash or otherwise, nor can it be used for any other purposes than for the purpose of transportation fee payment to the LIFTAGO drivers using the LIFTAGO App

In the event that we reasonably suspect that you are in any way trying to misuse the Share With a Friend Program, in particular by repeated establishing and chaining accounts, we reserve the right to suspend any such accounts and any unspent promotional codes and deactivate the value of the promotional codes possibly already used for the payment for the drives and/or set it off against any damage possibly caused to our company. All other damages resulting from such conduct will be claimed.

  1. ARBITRATION AND GOVERNING LAW (For Marketers and transportation providers)

The relationships constituted on the basis of these GTC shall be governed by the Czech law.

All disputes between the parties arising from these GTC or in connection these GTC shall be preferably settled by mutual agreement and without unnecessary delays. If the party is a consumer, than such a party may address the Czech Business Inspection (department of ADR) with a proposal for off-court dispute settlement. The template for the proposal, the proceeding progress description and other information concerning off-court dispute settlement can be found on the web site of the Czech Business Inspection on www.coi.cz.

If the party to the dispute is a consumer and if there is no solution under the preceding paragraph, such a party may at any time file a legal action to the competent court.

If the party to the dispute is not a consumer all disputes arising from these Terms and Conditions or in connection with them shall be finally settled by the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic pursuant to its rules by one arbiter appointed by the president of the Arbitration Court.

  1. INTEGRATION CLAUSE
    These GTC represent the full and final agreement of the parties and supersedes any other agreements, oral or written, on the same subject. (Excluding the Contract, or any part of it, if applicable.)
  1. CONTACT US

If You need further assistance or would like to make a comment or contact us regarding any matter, please use the following contact details:

ADLER Mobility, s.r.o.
Karlovo náměstí 313/8,
Nové Město,
120 00 Praha 2
Czech Republic
service@liftago.com
www.liftago.com

 

Last Updated: 16. 10. 2017