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Terms of Service

Please review this Agreement carefully and check for updates regularly. This Agreement limits our liability and also limits your remedies against us and certain third parties. You should read these Service Terms of Use in conjunction with the Avego Service Privacy Policy.

Avego Service Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) applies to use of the Avego ride sharing service (“Avego Service”) and the Avego software used to provide the service (“Avego Software”). This Agreement is a legally binding agreement made between you (“you,” “your”) and Avego Ltd. located at 1 Kinsale Commercial Park, Kinsale, Co. Cork as well as any of its worldwide subsidiaries (“Avego,” “we,” “us” or “our”). Other words used in these Terms of Use are defined below.

You may use the Avego Service through the domain www.wegorideshare.com, through a different domain or sub-domain (including via third party domains) or through mobile phone applications. This Agreement applies to your use of the Avego Service regardless of the method through which it is accessed.

We may amend these Terms of Use at any time and post the amended terms on the www.wegorideshare.com website or such other website through which the Avego Services are accessed. Your continued use of the Avego Service indicates your agreement to be bound by the terms of use in effect at the time of such use.

For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.

This Agreement is effective upon acceptance during registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites.

BY CHECKING THE ACKNOWLEDGEMENT CHECKBOX, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND BY THE TERMS OF THE AVEGO SERVICE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT OR THE AVEGO SERVICE PRIVACY POLICY, WE WILL NOT BE ABLE TO ACCEPT YOUR REGISTRATION AND YOU WILL NOT BE ABLE TO USE THE AVEGO SERVICES.

Definitions

“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use.
“Avego Entities” means Avego and its employees, directors, offers, agents, contractors, subsidiaries and affiliates.
“Avego Partners” means Avego service providers, licensees, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners.
“Driver” means a User who arranges to provide rides to passengers.
“Promotion” means an Avego or a third party’s program or promotional campaign.
“Rider” means a User who obtains rides from Drivers.
“Shared Transport” means any demand-driven vehicle-sharing arrangement, in which travelers share a vehicle either simultaneously (e.g. ride-sharing) or over time (e.g. carsharing or bike sharing), and in the process share the cost of the journey, thereby creating a hybrid between private vehicle use and mass or public transport. Shared Transport systems include carsharing (also called car clubs in the UK), bicycle sharing (also known as PBS or Public Bicycle Systems), carpools and vanpools (also known as ride-sharing or lift-sharing), dynamic ridesharing, slugging, casual carpooling, community buses and vans, demand responsive transit (DRT), paratransit, a range of taxi projects, hitchhiking and its numerous variants.
“Site(s)” means the www.wegorideshare.com website or such other site through which the Avego Services may be accessed.
“Trip” means an arranged trip between a Driver and one or more Riders.
“User” means any registered user of the Avego Services.

Service Summary

The Avego Service enables Users to arrange to use Shared Transport, provides a communications platform and other services related to those shared rides, and facilitates payments between Users.

Personal Responsibility

Use of the Avego Service will introduce you to people registered with the Avego Service for the purposes of Shared Transport or any other service offered by the Avego Service. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Avego Service or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date.

You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Avego Entities or Avego Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Avego Services.

Requirements to Access the Service

Eligibility

By registering for the Avego Service, you certify that the following are all true:

For all Users:

you are at least 18 years of age; and
you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor within the past three (3) years.
For Drivers:

you are at least 18 years of age;
you have a current and valid driver’s license;
you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
you carry liability insurance that covers bodily injury to all occupants of your vehicle;
you have no record of convictions for serious driving offenses;
you are medically fit to act as a Driver;
you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing.

If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Avego Service. Avego reserves the right, in its sole discretion, to refuse or deny access to the Avego Service to any individual for any reason or no reason.

Particular Shared Transport programs may require additional or separate certifications to be made by Riders and Drivers and may require Avego to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting Avego to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing Avego of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.

Technical Requirements

A valid email address and email account is required for using the Avego Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Avego Service.

Drivers must download the Avego mobile phone application to use the Avego Service and must carry their mobile/cell phone with them during Trips in order for the Trips to be registered with the Avego Service. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving.

For using mobile phone applications to access the Avego Service, a mobile device with services from a service provider supported by the Avego Software and a plan which allows you access to Avego’s mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Avego Service through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the Avego Service.

Trip Scheduling

When you accept a Trip, Riders agree to be at the departure location on time and pay the trip fee they accepted for the Trip, and Drivers agree to arrive on time at the departure location and complete the trip they agreed to provide.

Payments, Cancelations and Refunds.

All Riders and Drivers must register a valid credit card in order to use the Avego Service and must ensure to keep credit card details up to date.

Fees Paid by Drivers. There is no fee for Drivers for using the Avego Service;
Fees Paid by Riders. When you accept a Scheduled Trip as a Rider, you agree to pay a fee to the Driver for providing the ride. Avego’s fee includes a fixed charge per trip and a variable per mile fee, of which 85% is credited to the Driver’s account and 15% of which is retained by Avego to cover its licensing, hosting, support and communication costs. These fees are solely in relation to the fees for using the Avego Service and are subject to change at any time. In certain forms of Shared Transport (such as taxis or vanpools), a separate rider or driver fee may also apply, for which Avego has no responsibility whatsoever.
Payment. If payment is due to you by Avego, Avego will credit your registered credit card with the applicable amount.
The Avego Service is for personal, non-commercial use, and you may not use it to operate a business of providing transportation to Riders.
Riders and Drivers must register payment details with Avego in order to use the Avego Service. For Riders, this will include authorization to debit your credit card for the cost of the Trips taken. Drivers may redeem payment for Trips from Avego via the Site.

Refunds/Cancellations

All fees paid by Riders are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever.

Promotions & Rewards

We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credits or coupons we make available to you are not redeemable for cash and will be forfeited upon termination of this Agreement, regardless of the reason for termination.
Rewards: Avego Corporation reserves the right, without prior notice, to discontinue or change the program at any time. Avego Corporation reserves the right to change these terms and conditions at any time. All questions or disputes regarding eligibility for this program, the eligibility of rewards, the availability of rewards or credits, the terms and conditions of the program will be resolved by Avego Corporation at its sole discretion.

Payment Terms

Many services which are part of the Avego Service are offered free, however some services may have an associated fee for usage. Where fees are applicable you will be informed in advance. For any software or services you purchase from us, you agree to pay us at the time you order. All fees are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever.

We may change the fees for the Avego Services as we deem necessary.

User Ratings; Feedback

Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Avego does not necessarily actively monitor feedback and ratings left by Users. Avego retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.

User Disputes

We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Avego Service. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.

Acceptable Use

We reserve the final right to judge acceptable use of the Avego Service. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Avego Service or any activity we believe is not compliant with our Terms of Use and Avego Service Privacy Policy.

You must not:

damage, disable, overburden, or impair the Avego Service (or any network connected to the Avego Service);
resell or redistribute the Avego Service, Avego Software or any part of it;
use any unauthorized means to modify, reroute, or gain access to the Avego Service;
harm or disrupt another User’s computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming;
Mislead other Users by providing inaccurate information.
use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Avego Service.
You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Avego Service in any way to:

Harass, defame, intimidate or threaten another User, person or organization;
Interfere with another User’s rights to privacy;
Distribute chain letters, surveys or contests;
Post any material that is defamatory, obscene or indecent;
Post any trademarks, logos or copyrighted material without the authorization of the owner;
Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
Advertise or sell any goods or services.

Account and Passwords

You must keep your accounts and passwords confidential and not authorize any third party to access or use the Avego Service on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.

Site Content; Third Party Sites

There may be content on the Sites which describes generally how the Avego Services operate. The Terms of Use, Avego Service Privacy Policy and Additional Terms prevail if there is any conflict between any content on the Sites and these documents.

You may be able to access third-party websites or services via the Sites or Avego Service; you acknowledge that we are not responsible for such websites or services or content that may be available there.

Intellectual Property

The Avego Service and Avego Software are the property of Avego Limited, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Avego Service and Avego Software are proprietary to Avego. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Avego Service or Avego Software; all rights not expressly granted are reserved by Avego. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Avego Service or Avego Software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.

If you provide or communicate any suggestions for improvements to the Avego Site, the Avego Service or the Avego Software (collectively, “Feedback”), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.

Service Availability; Exclusion of Warranties

We will use all reasonable efforts to provide the Avego Service in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Avego Entities or Avego Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions.

THE AVEGO SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, AVEGO ENTITIES, AVEGO PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AVEGO SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. AVEGO DOES NOT WARRANT THAT THE OPERATION OF THE AVEGO SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Avego’s entire liability and your exclusive remedy for errors or unavailability of the Avego Service will be, at Avego’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Avego Service.

Modifications To Services

Avego reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Avego Services, in its sole discretion. You agree that Avego Entities or Avego Partners will not be liable to you for any modification, suspension or discontinuance of the Avego Services.

Term and Termination.

This Agreement begins on the date you complete your registration for the Avego Service and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at support@wegorideshare.com. We may terminate this Agreement or suspend your User account and/or access to the Avego Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Avego Service and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.

Liability Limit

You agree to release Avego Entities and Avego Partners from all claims, demands and damages (actual, threatened; consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Service.

If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

In no event shall Avego Entities or Avego Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages. Avego Entities’ or Avego Partners’ total liability to you in connection with any use of the Avego Service or any dispute arising out of this Agreement will not, for any reason, exceed (a) the aggregate amount any fees that you have actually paid to Avego or (b) $100, whichever is greater

Indemnification

You agree to indemnify and hold Avego Entities and Avego Partners harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Avego Service.

General

Notices: All notices shall be made in writing to Avego Ltd., 1 Kinsale Commercial Park, Kinsale, Co. Cork, Ireland.

Law: This agreement shall be governed in all respects by the laws of Ireland.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement.