Go4Move Terms and Conditions
Last Updated: 18/10/2022
These Terms and Conditions (together with our Privacy Policies and Cookies Policy) represent a legally binding agreement and shall constitute the sole contract between you and our entities, and set out the terms (“Terms”) on which we, Go For Move Enterprises (“we”, “GO4MOVE” or “go4move.com”), provide our services through our physical or online platforms, including without limitation ① all GO4MOVE vehicles, offices, premises (Local in your territory or International), with any legal form (Permanent or Temporary Establishment) together are the “physical platforms”, and ② all GO4MOVE Mobile Applications through which you access our services, GO4MOVE websites, technologies, our Social Media pages, Promoted Advertisements, Classifieds, Call Centers, or our presence on search engines together are the “online platforms”.
For the purpose of accepting this agreement, we provide you with the below important definitions:
“You/you” is defined as any legal person (or entity), including but not limited to driver, passenger, purchaser, vendor, visitor, developer, consumer, user, government entity, firm, partnership, corporation, organization, or association (including, without limitation, individual members of any unincorporated entity), who accesses or uses any of Go4Move physical or online platforms.
“Group Member” any legal person (or entity) who is a member of settlement group and who has not timely and validly excluded himself, herself, or itself from the Settlement Classes.
“Tax/Taxes” any compulsory contribution to be paid to any government party imposed by the force of the law, which may be added to the cost of some goods, services, and transactions including without limitation income tax, salaries tax, VAT, sales tax, excise duties, stamp duty, services tax, registration duty, operation tax and transaction tax.
“Go4Move Platform” refers to both types of platforms physical and online platforms.
1. Introduction
By accessing our physical or online platforms, using our products, handling a transaction with any of our vehicles, visiting our premises, dealing with any of our partners, shareholders, subsidiaries, representatives, affiliates, officers, programmers, software engineers and directors (whether now or in the future), you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use our services, accordingly we may cease offering or denying your access to our entire platforms or any portion thereof, at any time.
Please be advised: This Agreement contains provisions that govern how claims between you and Go4Move can be brought (refer to section 18 below). These provisions will, with limited exception, require you to submit claims you have against Go4Move to binding and final arbitration on an individual basis, not as a plaintiff or group member in any group, group or representative action or proceeding. As a Driver or Driver applicant, you have an opportunity to opt out of arbitration with respect to certain claims as provided in Section 18.
2. The Go4Move Platform
The Go4Move Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Passengers”) can be matched with transportation options to such destinations. One option for Passengers is to request a trip from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Passengers are collectively referred to herein as “Users,” and the driving services provided by Drivers to Passengers shall be referred to herein as “Rideshare Services.” As a User, you authorize Go4Move to match you with Drivers or Passengers based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Passenger based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Passenger shall constitute a separate agreement between such persons.
In certain markets, drivers and/or Passengers may have the option to use and/or rent different tip of Vehicles (such as but not limited to Cars, Bikes or Scooters) through the Go4Move Platform to travel to their destination. In some markets these Cars, bikes and scooters are owned by Go4Move. In other markets Go4Move operates a rideshare (using a car), bike-share or scooter-share program on behalf of third parties. In either case, your rental and use of cars, bikes and scooters through the Go4Move Platform is subject to additional agreements between you and Go4Move and third parties as applicable to the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE CARS BIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.
3. Modification to the Agreement
Go4Move reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Go4Move reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Go4Move Platform or Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
4. Eligibility
The Go4Move Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Go4Move Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Go4Move Platform, each User shall create a User account. Each person may only create one User account, and Go4Move reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Go4Move programs and use of certain Go4Move products or services may be subject to additional eligibility requirements as determined by Go4Move.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Go4Move account for such minor to use the Go4Move Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Go4Move Platform is limited solely to accessing and using bike-share or scooter-share services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you determine that the bike-share and scooter-share services are suitable for the minor, (c) you ensure that the minor’s use of the Go4Move Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Go4Move App, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, (e) you explain the terms of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this Agreement.
By creating a Go4Move account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Go4Move Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor passenger.
5. Charges
As a Passenger, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges related to Cars, bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Go4Move Price list (published on brochures, flyers or newsletters) plus any tips to the Driver that you elect to pay. Go4Move has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Go4Move Price list (published on brochures, flyers or newsletters) or quoting you a price for a specific trip at the time you make a request. Pricing may vary based on the type of service you request (for example economy or luxury, etc.) as described on your market’s Go4Move Price list (published on brochures, flyers or newsletters). You are responsible for reviewing the applicable Go4Move Price list (published on brochures, flyers or newsletters) or price quote within the Go4Move App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares types:
Fees and Other Charges.
General.
6. Payments
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Appendix (Appendix 1), which shall form part of this Agreement between you and Go4Move.
7. Go4Move Communications
By entering into this Agreement or using the Go4Move Platform, you agree to receive communications from us or communications related to the Go4Move Platform at any of the phone numbers provided to Go4Move by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Go4Move, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Go4Move Platform or Rideshare Services, use of Cars, bikes and scooters through the Go4Move Platform, updates concerning new and existing features on the Go4Move Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Go4Move and industry developments. If you change or deactivate the phone number you provided to Go4Move, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
8. Your Information
Your Information is any information you provide, publish or post to or through the Go4Move Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Go4Move-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Go4Move Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the Go4Move Platform and Rideshare Services is as provided in Go4Move’s Privacy Policy located at our website. 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 Go4Move to use your Information for the purposes described in the Privacy Policy and this Agreement, 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. Go4Move does not assert any ownership over your Information; rather, as between you and Go4Move, 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.
9. Promotions, Referrals, and Loyalty Programs
Go4Move, at its sole discretion, may make available promotions, referral programs (Appendix 2) and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Go4Move. Go4Move reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Go4Move determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Go4Move reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, Go4Move’s referral program (Appendix 2) provides you with incentives to refer your friends and family to become new Users of the Go4Move Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules (Appendix 2).
10. Restricted Activities
With respect to your use of the Go4Move Platform and your participation in the Rideshare Services, you agree that you will not:
11. Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the Go4Move Platform, you represent, warrant, and agree that:
12. Intellectual Property
All intellectual property rights in the Go4Move Platform shall be owned by Go4Move absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Go4Move Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Go4Move. Go4Move shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GO4MOVE and other Go4Move logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Go4Move in worldwide (collectively, the “Go4Move Marks”). If you provide Rideshare Services as a Driver, Go4Move grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Go4Move Marks solely on the Go4Move stickers/decals, Go4Move Amp, and any other Go4Move-branded items provided by Go4Move directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Go4Move’s prior written permission, which it may withhold in its sole discretion. The Go4Move logo (or any Go4Move Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Go4Move Mark in a domain name or Go4Move referral code, or use of a Go4Move Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Go4Move Platform, but may not misidentify yourself as Go4Move, an employee of Go4Move, or a representative of Go4Move.
You acknowledge that Go4Move is the owner and licensor of the Go4Move Marks, including all goodwill associated therewith, and that your use of the Go4Move logo (or any Go4Move Marks) will confer no interest in or ownership of the Go4Move Marks in you but rather inures to the benefit of Go4Move. You agree to use the Go4Move logo strictly in accordance with Go4Move’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Go4Move determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Go4Move Marks or any derivatives of the Go4Move Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Go4Move in writing; (2) use the Go4Move Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Go4Move Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Go4Move’s rights as owner of the Go4Move Marks or the legality and/or enforceability of the Go4Move Marks, including, challenging or opposing Go4Move’s ownership in the Go4Move Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Go4Move Marks, any derivative of the Go4Move Marks, any combination of the Go4Move Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Go4Move Marks; (5) use the Go4Move Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Go4Move Marks (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Go4Move.
Violation of any provision of this License may result in immediate termination of the License, in Go4Move’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Go4Move Marks (in violation of this Agreement or otherwise), you agree that upon their creation Go4Move exclusively owns all right, title and interest in and to such materials, including any modifications to the Go4Move Marks or derivative works based on the Go4Move Marks or Go4Move copyrights. You further agree to assign any interest or right you may have in such materials to Go4Move, and to provide information and execute any documents as reasonably requested by Go4Move to enable Go4Move to formalize such assignment.
13. Disclaimers
The following disclaimers are made on behalf of Go4Move, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Go4Move does not provide transportation services, and Go4Move is not a transportation carrier. Go4Move is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a trip to a Passenger contacted through the Go4Move Platform, and it is up to the Passenger to decide whether or not to accept a trip from any Driver contacted through the Go4Move Platform. We cannot ensure that a Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
The Go4Move Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Go4Move Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. Go4Move reserves the right, for example, to limit or eliminate access to the Go4Move Platform for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Go4Move Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Go4Move Platform will be corrected, or that the Go4Move Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Go4Move Platform or Rideshare Services.
We cannot guarantee that each Passenger or Driver is who he or she claims to be. Please use common sense when using the Go4Move Platform and Rideshare Services, including looking at the photos of the Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Go4Move Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
Go4Move is not responsible for the conduct, whether online or offline, of any User of the Go4Move Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Go4Move Platform and participating in the Rideshare Services, you agree to accept such risks and agree that Go4Move is not responsible for the acts or omissions of Users on the Go4Move Platform or participating in the Rideshare Services.
You are responsible for the use of your User account and Go4Move expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Go4Move Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Go4Move Platform or through the Rideshare Services. Please carefully select the type of information that you post on the Go4Move Platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Go4Move or made available through the Go4Move Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Go4Move Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Go4Move Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Go4Move Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Go4Move, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Go4Move Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Go4Move Platform may be accessible to Go4Move and certain Users of the Go4Move Platform.
Go4Move advises you to use the Go4Move Platform with a data plan with unlimited or very high data usage limits, and Go4Move shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Go4Move Platform.
Go4Move shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
14. Regular amendments and updates
Go4Move may amend the Terms and Conditions related to the Services from time to time. Amendments will be effective upon Go4Move’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
15. Indemnity
You will defend, indemnify, and hold Go4Move 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 Go4Move Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Go4Move Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
16. Limitation of Liability
IN NO EVENT WILL GO4MOVELUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “GO4MOVE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE GO4MOVE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE GO4MOVE PLATFORM, RIDESHARE 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. THE GO4MOVE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT GO4MOVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Term and Termination
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Go4Move; 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 10 or breach of Section 11(a) through (i) of this Agreement. In addition, Go4Move may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Go4Move’s star rating or cancellation threshold; (3) Go4Move has the good faith belief that such action is necessary to protect the safety of the Go4Move 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 Go4Move’s reasonable satisfaction prior to Go4Move 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 Go4Move’s satisfaction, this Agreement will not be permanently terminated. Sections 3, 7, 8 (with respect to the license), 12-13, 15-20, and 22 shall survive any termination or expiration of this Agreement.
18. Dispute Resolution and Arbitration Agreement
(a) Arbitration definition.
Arbitration is a procedure in which a dispute is submitted, by agreement of both parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
(b) Agreement to Binding Arbitration Between You and Go4Move.
YOU AND GO4MOVE MUTUALLY AGREE 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 your local Arbitration Law. This Arbitration Agreement survives after the Agreement terminates or your relationship with Go4Move ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; GROUP ARBITRATIONS AND GROUP ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Go4Moveluding our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Go4Move’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
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 GO4MOVE. 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), the Go4Move Platform, the Rideshare Services, rental or use of bikes or scooters through the Go4Move Platform, Go4Move promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Go4Move Platform, your relationship with Go4Move, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Go4Move’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Go4Move, any country, city, county, state 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 consumer protection; claims arising under antitrust laws. 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 GO4MOVE 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.
(c) Prohibition of Group Actions and Non-Individualized Relief.
You understand and agree that you and Go4Move may each bring Claims in arbitration against the other only in an individual capacity and not on a group, collective action, or representative basis (“Group Action Waiver”). You understand and agree that you and Go4Move both are waiving the right to pursue or have a dispute resolved as a plaintiff or group member in any purported group, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against Go4Move.
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 group, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by relevant local Arbitration rules at the time the arbitration is initiated. But in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or group proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Go4Move 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 favor 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 honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Passengers or Drivers, but is bound by rulings in prior arbitrations involving the same Passenger or Driver 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.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant arbitration Rules subject to the following modifications:
(f) Location and Manner of Arbitration.
Unless you and Go4Move agree otherwise, any arbitration hearings between Go4Move and a Passenger, client or customer will take place in the county of your billing address, and any arbitration hearings between Go4Move and a Driver, services supplier or vendor will take place in the county in which the services had been provided.
(g) Exceptions to Arbitration.
Go4move has the sole right of applying the exceptions to exclude any claim, dispute, or judgement from being submitted to arbitration, and accordingly has the sole right to submit any claim, dispute, or judgement before the appropriate court or judicial and executive authorities in the appropriate country, state, or city.
(h) Severability.
Except as otherwise provided in the severability provisions in subsections (a), (b), (c) and (d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Driver Claims in Pending Settlement.
If you are a member of a putative group in a lawsuit against Go4Move involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular group action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Go4Move 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 Go4Move. 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.
19. Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Go4Move’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Go4Move for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Go4Move Platform any User Information obtained from the Go4Move Platform. As a Driver, you understand that some of Passenger Information you receive may be protected and confidential, such as the Health Information. In the event that you know a Passenger, you should not disclose to anyone the identity of the Passenger or the location that you picked up, or dropped off the Passenger. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Go4Move in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Go4Move with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Go4Move or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Go4Move; becomes known to you, without restriction, from a source other than Go4Move without breach of this Agreement by you and otherwise not in violation of Go4Move’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Go4Move to enable Go4Move to seek a protective order or otherwise prevent or restrict such disclosure.
20. Relationship with Go4Move
As a Driver on the Go4Move Platform, you acknowledge and agree that you and Go4Move are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Go4Move expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Go4Move; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Go4Move, and you undertake not to hold yourself out as an employee, agent or authorized representative of Go4Move.
Go4Move does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Go4Move Platform. Go4Move does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Go4Move Platform. You retain the option to accept or to decline or ignore a Passenger’s request for Rideshare Services via the Go4Move Platform, or to cancel an accepted request for Rideshare Services via the Go4Move Platform, subject to Go4Move’s then-current cancellation policies. Go4Move does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Go4Move shall have no right to require you to: (a) display Go4Move’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Go4Move’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Rideshare Services to other companies, and that Go4Move does not, and shall not be deemed to, restrict you from engaging in any such activity.
21. Other Services
In addition to connecting Passengers with Drivers, the Go4Move Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Go4Move Platform to plan and reserve trips on public transportation, take a trip in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Go4Move Platform, you authorize Go4Move to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Go4Move is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Go4Move Platform.
22. General
This Agreement sets forth the entire understanding and agreement between you and Go4Move with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Go4Move Platform or Rideshare Services, please contact us through our formal channels.
Last Updated: 18/10/2022
This Go4Move Driver Appendix is an appendix to Go4Move Terms and Conditions “the Agreement” between you and Go4Move, and it sets forth additional terms and conditions that are applicable to your provision of Rideshare Services through the Go4Move Platform. Capitalized terms herein have the meaning set forth in the Agreement. This appendix replaces and supersedes any prior Driver Appendix that you have previously agreed to.
Driver Fare. You are entitled to a Driver Fare for the Rideshare Services you perform for Passengers, as provided in the Agreement and this Driver Appendix. The “Driver Fare” for a completed trip consists of a base fare or pickup fare amount plus incremental amounts based on the actual time and distance of the trip, as measured by Go4Move. The applicable base fare, pickup fare, and/or time and distance amounts are shown in a statement of account (the “Statement of account”) in your Driver dashboard. If expressly provided in your Statement of account, you may earn incremental amounts based on the actual time and distance between the time you accept a trip request and the time you pick up the Passenger. The Statement of account amounts displayed in your driver dashboard are personal to you. The Statement of account amounts may vary by including but not limited to by factors such as the market where you provide Rideshare Services or pick up a particular trip, the date you applied or became approved as a Driver, the vehicle type you use or your use of an Express Drive or rental vehicle, and the type of service you are providing (for example, economy or luxury, etc.). The rates from the market in which you pick up the Passenger will apply to that trip. Please note that some larger markets (like the San Francisco Bay Area) have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you pick up the Passenger will apply to that trip. In certain situations, the Driver Fare may be predetermined (such as a flat rate trip), or subject to certain minimum or maximum amounts as described to you in your Statement of account. In some situations where a Passenger cancels a trip request that you have accepted, you may earn a cancellation fee. In those cases, you will earn a different Driver rate in the amount of the cancellation payment set forth in your Statement of account. If additional Passengers cancel when you’re already in a trip, such as in a shared trip, you will be paid for the time and distance of your current route and Go4Move will retain any additional cancellation charges incurred by the Passenger. For a shared trip you may pick up several Passengers along a common route. In such situations: (i) the rates from the region of the first pick up will apply to the full route, and (ii) the fare calculation shall only include one base fare amount for the route (however, you may be able to earn additional incremental pickup fares along the same route if expressly stated in the Statement of account). Your Statement of account may not be set or available to you until you are an approved driver, and you agree Go4Move makes no representation or warranties concerning the Statement of account amounts. Your Statement of account amounts are subject to change in Go4Move’s discretion and any changes shall be published on the Statement of account. By continuing to use the Go4Move Platform, you are deemed to accept these changes.
Additional Payments to You. In addition to the Driver Fare, you will receive the following payments, if applicable: (i) any tips provided by a Passenger to you, (ii) any tolls or surcharges we collect for remittance to you, (iii) any damage charges we collect on your behalf, and (iv) any bonuses or incentives you earn based on your provision of Rideshare Services.
Payments, Adjustments and Settlement. Go4Move will collect payments owed to you by Passengers and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Go4Move satisfies the payer’s obligation to you. Go4Move reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (i) if we believe that you have attempted to defraud or abuse Passengers, Go4Move, or Go4Move’s payment systems, (ii) in order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Rideshare Services in the Go4Move application when the trip was over), or (iii) if you end a trip at a location that is different than the destination submitted through the Go4Move App. Go4Move’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
Passenger Charges. Go4Move will charge the Passenger an amount calculated or determined by Go4Move on your behalf for the Rideshare Services you perform for Passengers (the “Passenger Charges”). Passenger Charges may be determined after the trip is completed based on the time and distance of the trip and the rates on the Go4Move Price list (published on brochures, flyers or newsletters) (a “Variable Charge”). Alternatively, Passenger Charges may be quoted in advance and fixed at the time of the trip request (a “Quoted Charge”). A Quoted Charge may differ from what the Variable Charge would have been for the same trip (as Variable Charges change depending on a number of dynamic factors). Passengers may elect to add an additional tip to you on top of the Passenger Charges. The tip shall be paid entirely to you and shall be considered separate from the Passenger Charges. Unless we indicate to you otherwise, the Passenger Charges includes the Driver Fare, applicable tolls, fees retained by us (including the Service Fee and Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable airport fees, or any state or local fees, surcharges or taxes imposed on the provision of Rideshare Services or Go4Move’s provision of the Go4Move Platform that Go4Move is required by law or agreement to collect and remit to third parties.
Go4Move Fees. In exchange for facilitating the Rideshare Services that you provide to Passengers, you agree to pay Go4Move (and permit Go4Move to retain) a fee based on each transaction in which you provide Rideshare Services (“the Go4Move Fees”), comprised of a service fee (“Service Fee”) and platform fee (“Platform Fee”). The Service Fee shall be a set amount for each trip as set forth in your Statement of account or Price list (published on brochures, flyers or newsletters) at the time of the trip. The Platform Fee shall be a variable amount equaling the Passenger Charges minus: (i) the Driver Fare, (ii) any tolls or surcharges we collect for remittance to you, (iii) the Service Fee, (iv) any Third Party Fees that Go4Move collects, and (v) any bonuses or incentives you earn based on your provision of Rideshare Services. In the event of a trip where the combination of (i)-(iv) above is greater than the Passenger Charges, no Platform Fee will be charged to you for that trip. In such cases, any excess amounts that you receive will be an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Go4Move) based on the location of the pick-up or drop-off of the trip. For your convenience, Go4Move may collect the Service Fee and applicable event fees from Passengers on your behalf to offset your payment of such fees to Go4Move. The Go4Move fees may be communicated to you weekly on an aggregated basis. In addition, Go4Move may charge you other fees on a one-time, recurring or periodic basis. The amount of such fees may vary by market or other factors and shall be communicated to you in advance of incurring the fee.
No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Go4Move and its Affiliates may seek to generate additional demand for your Rideshare Services from new and existing Passengers. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Driver Appendix.
These Go4Move Referral Program Rules (“Program Rules”) govern your participation in the Go4Move Referral Program. The Program Rules are in addition to any agreements between you and Go4Moveluding the Go4Move Terms and Conditions, as applicable (collectively, the “Go4Move Terms”). The Go4Move Terms are incorporated by reference and shall apply to your participation in the Go4Move Referral Program, including, if necessary, to resolve any disputes between you and Go4Move related to or arising out of the Referral Program.
1. Program Overview
The Go4Move Referral Program (“Referral Program”) is offered by Go4Move. and its affiliates (together referred to as “Go4Move”) and provides Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the Go4Move community as new Passengers or Drivers. These Program Rules apply to both Referrers and referred Users (“Referred Users” or “Referred” Passengers and Drivers, respectively), so please read carefully to understand your respective rights and obligations.
2. Referrer Eligibility
To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of your country; (b) be the age of majority in your territory of residence; and (c) maintain a Go4Move account in good standing. Referrers may be Drivers or Passengers. A single person may use the Go4Move Platform in several ways (for example, as a Passenger and Driver). However, if you violate the Program Rules, the Go4Move Terms of Service or any other applicable terms, Go4Move may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you are a Passenger and Driver and you engage in prohibited referral activity under your Driver account, Go4Move may terminate your ability to participate in the Referral Program under all of your Go4Move accounts.
3. Go4Move Codes
Under the Referral Program, Go4Move may provide you with a unique alphanumeric code (“Go4Move Code”) to distribute to eligible individuals to become new Passengers or Drivers. Go4Move owns all rights in and to any Go4Move Code, and may reclaim, deactivate, invalidate or terminate your Go4Move Code at any time at its discretion.
4. How to Refer Users
a. Referred Passengers.
Through the Go4Move passenger app, you may be able to refer eligible individuals to become new Passengers on the Go4Move Platform. In order to be eligible for a Referral Reward (defined below) for a new Passenger, the person must (i) have never previously created a Go4Move account; (ii) be at least the age of majority in their territory of residence, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred Passenger.”
b. Referred Drivers.
You may be able to refer eligible individuals to become new Drivers on the Go4Move Platform. In order to receive a Referral Reward for a new Driver, the individual must (i) have (1) never previously been a Driver or started an application to become a Driver, or, (2) if previously been a Driver, have completed their last trip before November 1, 2016, or the date specified in the Referral Criteria (a “Returning Driver”); (ii) meet all eligibility requirements and be approved to drive on the Go4Move Platform, and (iii) satisfy the applicable Reward Criteria. Previously approved Drivers, who have been deactivated by Go4Move are not considered a new Driver for the purposes of this promotion. Go4Move driver eligibility and approval is determined at the sole discretion of Go4Move and is not guaranteed. The duration of the review process may vary. If these conditions are met, the person shall be considered your “Referred Driver.”
c. Invitations through the Go4Move Platform.
You may be able to invite your family and friends to become new Users directly through the Go4Move Platform by entering or providing Go4Move with your invitee’s contact information (all information collected by Go4Move under the Referral Program shall be governed by Go4Move’s Privacy Policy). Inviting an individual through the Go4Move Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by Go4Move. The Invitation may contain a promotional offer of Go4Move credit to a new Passenger or a bonus to a new Driver. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the Go4Move Platform). If your invitee follows the links in your Invitation and creates a Go4Move account using the information provided, your Go4Move Code will be automatically applied on the new Passenger’s account or the new Driver’s application, as applicable. Note: Go4Move does not accept Passenger referrals through the Driver application. If you wish to refer Passengers, please use the Passenger application.
d. Other Invitations.
You may also be able to invite eligible individuals to become new Users by distributing your Go4Move Code directly and instructing them to manually input your Go4Move Code into the Go4Move App. A Passenger will not be able to apply your Go4Move Code if (i) they’ve already applied another User’s Go4Move Code or a different promotion code, (ii) they’ve already received Go4Move credit from Go4Move or another source on their User account prior to entry of your Go4Move Code, or (iii) they take a Go4Move trip prior to entering your Go4Move Code in their Account. A Driver will not be able to apply your Go4Move Code if they start their application without entering your Code or with entering another User’s Code. If a User does not enter your Go4Move Code you will not receive attribution for the referral and they will not be considered your Referred Passenger or Referred Driver. Go4Move reserves the right to supply new Users with Go4Move credit or sign-on bonuses at its discretion.
5. Referral Rewards
a. General.
You may be eligible to earn a referral incentive (“Referral Reward”) for each Referred Passenger and Referred Driver that you refer to the Go4Move Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in your country of residence, and cannot be earned for cross-border referrals. As discussed above, in order to qualify as your Referred Passenger or Referred Driver, the new User must satisfy the applicable reward criteria (“Reward Criteria”) as communicated to the Referred User by Go4Move. The Reward Criteria are set by Go4Move in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. Go4Move, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Users or prospective Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with Go4Move.
If the new User that you refer satisfies the Reward Criteria, the type of Referral Reward you are eligible to receive may depend on (i) which Go4Move User account you used to refer the new user (in general, Drivers can earn cash for Referred Users paid out in their weekly earnings, whereas Passengers receive Go4Move credits in their Go4Move account — the amount of the Referral Reward may also vary depending on which User account you use), (ii) the Go4Move region associated with your Go4Move account (which may be the last location you have logged into the Go4Move application), (iii) the Go4Move region associated with the Referred User when they apply your Go4Move Code, (iv) the Go4Move region where the Referred User gave or took their first trip; or (v) other factors as determined and communicated by Go4Move.Both the Referrers and the Referred Users may be presented in the Go4Move App with the amounts of the Referral Rewards they may receive if all the Referral Criteria and other conditions described herein are met. These amounts are calculated based on certain assumptions, such as, without limitation, the Referrer’s or the the Referred User’s location at the time they give or take their first trip or download the Go4Move app, and may not be accurate based on the actual behavior of the Referred Users. Such amounts, therefore, are only estimates and may differ based on a number of factors. Go4Move will make a good faith calculation of such amounts based on the location of the Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Bonuses at the time when such Referral Bonuses are applied to their User Accounts and/or paid out.
b. Earning Referral Rewards for Referred Passengers.
New Passengers you refer may receive Go4Move credit upon creating their new Go4Move account (“Referral Credit”). Referral Credit is only valid for use on the Go4Move Platform and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new Passenger. New Passengers should check the Promos tab within their Go4Move app to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred Passenger must take their first Go4Move trip before the Referral Credit expires, but in no event later than thirty (30) days from the creation of their Go4Move account. All terms and conditions for the distribution and use of Referral Credit are determined by Go4Move in its sole discretion.
c. Maximum Referral Rewards for Referred Passengers.
The maximum amount of Referral Rewards that Go4Move will pay for Referred Passengers is $200 per week (either in cash, Go4Move credit, vouchers, or a combination of the two). This maximum Referral Reward amount shall apply across all of your Go4Move accounts (Passenger (including your Business Passenger account) or Driver). You may not create multiple Go4Move accounts to circumvent the Referral Reward maximum, and Go4Move may withhold or deny any amounts above the maximum Referral Reward. Go4Move reserves the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits.
d. Earning Referral Rewards for Referred Drivers.
When you refer a new Driver to the Go4Move Platform you may be eligible for a Referral Reward if the Driver is approved, satisfies the Reward Criteria, and is not waitlisted to become a Driver. The applicable Reward Criteria varies by time, market, and promotion. Details about the applicable Reward Criteria for the Referred Driver (if any) can be found in the Go4Move Driver App. As a standing rule, and unless modified by a specific offer’s Reward Criteria, the new Driver applicant must complete their Driver application, become approved to drive on the Go4Move Platform, and give their first trip within 30 days of applying their Go4Move Code to their account in order to be eligible to complete the Reward Criteria. If your referred Driver is a Returning Driver, the Driver must become approved to drive on the Go4Move Platform and give their first trip within 30 days of applying your Go4Move Code to their account in order to be eligible to complete the Reward Criteria. In addition, the Reward Criteria for new Drivers always includes providing a certain number of trips on the Go4Move Platform within a certain number of days of becoming approved to drive (the specifics shall be confirmed upon application).
e. Maximum Referral Rewards for Referred Drivers.
Go4Move reserves the right to set a maximum amount of Referral Rewards you can earn per week (or any other time increment) for referring new Drivers to the Go4Move Platform. It is your responsibility to review the Program Rules for the current maximum limits. In addition to the foregoing, if you have received Referral Rewards for twelve (12) or more referred drivers within one (1) calendar year starting midnight January 1, Go4Move, at Go4Move’s sole discretion, may automatically terminate your eligibility to participate in this Go4Move Referral Program. Participation in all programs is subject to Go4Move’s sole discretion and Go4Move does not guarantee participation.
f. Resolving Disputes over Referrals.
Only one person can earn a Referral Reward for a single Referred Passenger or Referred Driver. In the event that multiple persons claim credit for a particular referral, Go4Move has full discretion to determine which person earned such referral according to Go4Move’s systems.
g. Reservation of rights.
Go4Move reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that Go4Move determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and Go4Move.
6. Restrictions
In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that:
If you violate any of these restrictions Go4Move may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.
7. Other Terms
The following terms shall also apply to your participation in the Referral Program.
You are not eligible to assign or transfer these Terms and Conditions and it’s Appendixes in whole or in part without Go4Move’s prior written approval. You give your approval to Go4Move for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Go4Move’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Go4Move or any Third-Party Provider as a result of these Terms and Conditions between you and Go4Move or use of the Services.