TERMS & CONDITIONS OF SERVICE
These terms & conditions of service constitute a legally binding agreement between you, herein referred to as (User or Guest) and Huptown Inc. also referred to as (“Huptown”). We may intermittently use our service platforms such as Kabhup, XPerience or Hupvan to describe our service terms. This agreement regulates your use of our technology, mobile application, website, cars, vans and additional offerings, all of which shall be collectively referred to as (the “Huptown Platform”). By entering into to this Agreement, you expressly acknowledge that you understand and accept our terms of service and all of the conditions guiding it.
ACCESS AND USE
Access to the Application will be subject in all cases to prior registration by the User by completing a Sign-up form. Huptown reserves the right to freely accept or reject the application for registration by the User. The data entered by the User in the Sign-up form must be accurate, current and true at all times. Huptown is only available to adults over the age of 18. By signing up for an Huptown account, you imply that you are at least 18 years of age as of the time of registration and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Guest, you agree that pricing of Huptown offerings may vary based on the type of service you request (e.g., Kabhup Standard, MPV & Executive including Hupvan & XPerience), as displayed in the application at the time of your request. It is your responsibility to review relevant prices based on your preferred service and time. Fees may include fares, congestion charges, tolls, booking and taxes depending on your city. We reserve the right to modify relevant pricing as deemed necessary from time to time.
1. XPERIENCE FARES
When you make an XPerience booking, you understand and accept that quotes shown at the end of your booking truly represents the full fare of your booking, including your trip to and from your experience destination. You accept that in some cases, quotes shown are booking fees only and may exclude ticket or any entry fees for a listed experience. In such cases, you accept responsibility for purchasing your ticket before the experience date However, in all cases quotes shown at the end of your booking will include the cost of travel to and from your destination. If you wish to amend an XPerience booking, you should request these changes five (5) hours minimum before your scheduled time, otherwise your Experience Provider maybe able to replace your seat, hence, your changes will be treated as cancellation. All XPerience bookings must include travel with Huptown with an Experience Manager (Driver). The payment for XPerience booking will be charged to your card on the date and time of your booking.
2. HUPVAN FARES
When you make a Hupvan booking, you accept that we charge your card at the date and time of your booking Except where it is expressly implied, you understand that quotes shown only represents the cost of moving and excludes the cost of added products such as packaging and materials. Except for bookings made at reasonable time periods, you understand that we may be unable to provide extra movers to support your moving. And except where an extra mover has been requested, it is your responsibility to assist the driver in completing the moving. We aim to complete all Hupvan moving at specifically calculated hours based on our tested methods, hence, for moving that exceeds calculated time periods, you accept that extra charges may be incurred at the end of your booking. To understand the maximum amount of time before extra charges are incurred please refer to section “What extra charges will I pay?” of our help section.
3. FARE QUOTES
All fare quotes may be subject to change until your ride has been confirmed.
4. CANCELLATION CHARGES
a. We do not charge for cancelling a trip if cancelation is made before the stated time of arrival on the pick-up status. A £5 cancellation fee will apply if your driver has arrived at your destination before cancellation occurs. We may also charge up to £1.50 for every 5 minutes wait after your driver has arrived.
a. Cancellation of £15 will apply for booking cancellation within one hour of the scheduled time for moving Stuff. For moving Home or Office, cancellation made in less than 24 hours before scheduled time will incur a total of 25% of the fare.
a. If you’re unable to attend a reserved booking, you must amend the booking a minimum of five (5) hours in advance. For time bound events where no other times and dates are available, you will be unable to cancel or amend details. If you require a refund for an experience that you are not happy with you must provide information of the problem with appropriate evidence. To understand the refund policy please refer to “Disclaimer of Warranties” section of our help section.
a. If your driver reports a case of damage to their vehicle, you understand and accept that if the damage is confirmed to be true, you may be liable to pay up a fee of £300, depending on the damage towards the repair and clean-up of their vehicle.
a. You understand that tips are left entirely at your express discretion, hence, you accept full responsibility for any tip left.
1. PAYMENT PROCESSING
You understand that Huptown does not hold your card or have direct access to your card details and that all payments are processed through third-party processor such as (PayPal and Stripe.). We reserve the right to replace our processor without notice to you.
2. NO REFUNDS
All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Huptown Platform, any disruption to the Huptown Platform or Services, or any other reason whatsoever.
3. PROMOTIONAL CODES
You understand that Huptown Promo Discounts where provided, are only valid for certain time periods, are non-transferable, except where expressly stated or implied and are only valid for a one use per person.
When you add a new payment method, we may seek authorization of your selected payment method to verify your card to ensure the ride cost will be covered and to protect ourselves against unauthorized behaviour. The authorisation is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle.
As a User, you accept that we may regularly send you information about our services, offerings, products, usage and Experiential activities, via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. You can unsubscribe from our promotional email list by using the unsubscribe button at the end of every email or by writing to us.
HOW WE USE YOUR DATA
By registering on Huptown, you accept that we use your Data to create an account that will provide access to our services. Your Data is any information that you provide, publish or post to or through any of our platforms. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
To enable Huptown to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Huptown does not assert any ownership over your Information; rather, as between you and Huptown, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information. You may be able to create or log-in to your Huptown User account through online accounts you may have with third party social networking sites. By connecting to Huptown through any of such accounts, you understand that Huptown may access, store, and make available any information according to the permission settings of your platforms, where your account is held. Your data will be protected in accordance to the UK Data Protection Act 1998.
You understand and agree that by using the Huptown Platform, participation in any of the following contravenes our terms of service
a. Impersonation of any person or entity;
b. Stalking, threatening, or harassment of any person, or bearing of weapons;
c. Violation of any laws, statute, rules, permit or regulation;
d. Interference with or disruption of any of the services or offering of Huptown or the servers, systems or networks connected to our platforms;
e. Infringement of the rights of, or discrimination against or harassment of anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause any third party to engage in any of such activities.
f. Posting of any information or interact on the Huptown Platform or Services in a manner which that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
g. Use of Huptown in any way to infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
h. Transmission of any malicious information, codes, files or programs in any way to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to the Huptown Platform.
i. Manipulation of identifiers or headers in order to disguise the origin of any information transmitted through the Huptown Platform;
j. “frame” or “mirror” any part of the Huptown Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
k. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Huptown Platform or any software used on or for the Huptown Platform;
l. Rent, lease, lend, sell, redistribute, license or sublicense the Huptown Platform or access to any portion of the Huptown Intellectual Property in any way or form that might be implied to infringe our rights.
m. Use of robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, mine, or in any way reproduce or circumvent the navigational structure or presentation of the Huptown Platform or its contents;
n. Link directly or indirectly to any other web sites without our expressly written permission.
o. Transfer or sell your User account, password and/or identification to any other party.
You are an Experience Provider and/or XPerience Customer who reserves such right to their intellectual resources, by using any of the Huptown Platform, you accept that all intellectual property rights over the contents and / or any other elements inserted in the Application and / or Website (including, without limitation, trademarks, logos, trade names, texts, videos, images, graphics, designs, sounds, databases, software, flow charts, audio and video), belong to Huptown.
Huptown authorises the User to use, view, print, download and store the contents and / or elements inserted in the Application and / or Website exclusively for personal, private and non-profit use, refraining from performing any act on them of de-compilation, reverse engineering, modification, disclosure or supply.
Any other use, whether expressly or implied, or exploitation of any content and / or other elements inserted in the Application and / or Website other than those expressly provided herein will be subject to the prior authorisation of Huptown.
1. DISCLAIMER OF WARRANTIES
You understand that use of our services is at your own risk and Huptown cannot guarantee that the services will be uninterrupted or error-free. The services, all Huptown content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “as is” basis and without warranty of any kind. Huptown expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Huptown does not warrant that your use of the services will be uninterrupted or error-free, that Huptown will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Huptown shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. Although we provide mobility services & experiences. We provide these services as a technology platform by aggregating and coordinating independent providers. Therefore, as deemed fit, any of our providers may refuse or decline their service(s) to anyone. Most of our providers (such as our drivers and experience providers) are companies and self-employed entities, they are not the direct employees or subsidiaries of Huptown, we cannot guarantee the quality, speed, safety, convenience and reliability of their services.
You will defend, indemnify, and hold Huptown including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Huptown Platform and participation in the Services, including:
a. your breach of this Agreement or the documents it incorporates by reference;
b. your violation of any law or the rights of a third party, including, without limitation, Experience Providers, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
c. any allegation that any materials that you submit to us or transmit through the Huptown Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
d. your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver;
e. and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
In no event will Huptown, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Huptown” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Huptown platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Huptown platform, the services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. Huptown may be used by you to order cars, goods, or other services with third party providers, but you agree that Huptown has no responsibility or liability to you related to any of our services provided by a third-party other than as expressly set forth in their terms.
TERMS AND TERMINATION
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Huptown; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Huptown may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Huptown’s star rating or cancellation threshold; (3) Huptown has the good faith belief that such action is necessary to protect the safety of the Huptown community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Huptown’s reasonable satisfaction prior to Huptown permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Huptown’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
1. Agreement to Binding Arbitration Between You and Huptown.
a. YOU UNDERSTAND AND ACCEPT THAT YOU AND HUPTOWN HAVE ENTERED INTO MUTUAL AGREEMENT TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Huptown ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Huptown, including our subsidiaries, parent companies, affiliates and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HUPTOWN.
These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), Huptown, the Services, any other goods or services made available through the Huptown Platform, your relationship with Huptown, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Huptown, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Equal Opportunities Act and all of its provisions , Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labour Standards Act, Employment Acts, Employee Retirement Income Security Act (except for individual claims for employee benefits under any planned program sponsored by Huptown and covered by appropriate statutes and laws, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HUPTOWN ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
2. Prohibition of Class Actions and Non-Individualised Relief.
a. You understand and agree that you and Huptown may each bring claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“class action waiver”). You understand and agree that you and Huptown both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against Huptown, which are addressed separately in section 17(c).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
3. Rules Governing the Arbitration.
a. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the London Court of International Arbitration on the International Chamber of Commerce. As part of the arbitration, both you and Huptown will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Experience Providers, Users or Drivers, but is bound by rulings in prior arbitrations involving the same to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
4. Optional Pre-Arbitration Negotiation Process
a. Before initiating any arbitration or proceeding, you and Huptown may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Huptown. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.