- INTRODUCTION AND GENERAL PROVISIONS
1.1.1. PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE SERVICES.
1.2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE. BY REGISTERING AND USING THE SERVICES CONTINUOUSLY, THE USER WILL BE DECLARING TO HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS. IN THE EVENT THE USER DOES NOT AGREE WITH THE TERMS AT ANY TIME, THE APPLICATION SHALL CEASE TO BE USED IMMEDIATELY AND UNINSTALLED FROM THE USER’S DEVICE.
1.2.1. Additional Terms may apply to certain Services, such as conditions for events, regulations, activities or promotions in particular, and such Additional Terms will be disclosed in connection with the respective Services (“Additional Terms“). The Additional Terms are supplemental to, and are deemed an integral part of these Terms for the effects of the respective Services. The Additional Terms will prevail over these Terms in cases of a conflict only in relation to specific issues thereunder.
1.3. Communication with User. User authorizes 99 to send administrative notifications to the Application (“push“) by email, SMS, through publications in its website or any other means of communication available (“Communication Media“) with informative and promotional content related to the Services.
1.4. Change in the Terms. 99 reserves the right to make changes and updates in the Terms at any time, with no prior notice required. In the event of changes in the Terms that restrict the Users’ rights, 99 will notify such change, at its discretion, through the Communication Media. However, such discretion does not rule out the User’s responsibility to check the Terms from time to time. In the event the User does not agree with the changes in the Terms, such User shall cancel his/her account, cease any and all use of the Services and uninstall the Application from his/her device. The fact that User continues to access or use the Services after this posting represents his/her consent to be bound by the changed Terms.
- USER’S DATA AND PRIVACY
3.1. For purposes of using most of the Services, the User must register himself/herself and keep a personal Service User account (“Account“). User must have legal capacity, be at least 18 years old to create his/her profile, except where he/she is emancipated or has obtained full legal capacity under the terms of the civil legislation in force. Parents and guardians are responsible for assessing the suitability of the use of mobile devices and the Services by those under 18. The User intending to use the Service shall mandatorily fill in the required registration fields and will be liable for the truth of the information provided, undertaking to keep the data valid, updated and correct. The User’s profile is exclusive and non transferable. In the event the User’s data is not confirmed, User’s access to the Services may be blocked, at the exclusive discretion of 99.
3.1.1. The Account information is of exclusive responsibility of the person who inserted it. In the event the information entails damage or losses of any nature, applicable remedies may be sought by 99, to safekeep its interests and the integrity of all other Application Users.
4.1. Services provided by 99. The Services consist of the availability of a technological application which allows a duly registered User to locate and contact providers of different types of passenger transportation (e.g., taxi drivers or private drivers) (“Partner Driver(s)“). The Service cannot be used for any purposes other than those expressly authorized by these Terms.
4.1.1. The use of Services by Users is generally free. 99 will previously inform the User of functionalities and conducts that may entail collections and/or payments by the User in a specific manner, through the Communication Media and/or updates of the Terms. 99 reserves the right to start charging for the Services or part thereof at any time. In such event, the User will be previously informed and will have the opportunity to consent with such charges for the Services or cease the use of the Services thereof.
4.2. Change or Discontinuance of the Service. 99 reserves the right to change or discontinue the Service at any time, temporarily or permanently, with or without notice. User agrees that 99 will not be held liable nor will it have any additional obligation, whether implicit or explicit, towards User or third parties in view of any change, suspension or discontinuance of the Service.
4.3. TRANSPORTATION SERVICES PROVIDED BY PARTNER DRIVERS. USER UNDERSTANDS AND REPRESENTS THAT 99 DOES NOT PROVIDE NOR ENSURES THE PROVISION OF ANY PASSENGER TRANSPORTATION SERVICES. 99 DOES NOT HAVE A VEHICLE FLEET AND EXCLUSIVELY PROVIDES AN INTERMEDIATION SERVICE INTENDED TO FACILITATE THE ENGAGEMENT OF PASSENGER TRANSPORTATION SERVICES WITH A PARTNER DRIVER REGISTERED IN OUR APPLICATION.
4.4. LIABILITY FOR THE TRANSPORTATION SERVICES THE ENGAGEMENT OF THE PASSENGER TRANSPORTATION SERVICES IS MADE DIRECTLY BETWEEN USERS AND PARTNER DRIVERS, INDEPENDENT THIRD PARTIES THAT DO NOT HAVE ANY TYPE OF EMPLOYMENT, CORPORATE OR SUBORDINATION RELATIONSHIP WITH 99, NOR WITH ANY OF ITS AFFILIATES AND CONTROLLING COMPANY. 99 IS NOT LIABLE FOR ANY LOSSES, DAMAGES OR DAMAGE RESULTING FROM OR RELATED TO THE PASSENGER TRANSPORTATION SERVICES, AS PROVIDED FOR IN SECTION 8.2. BELOW.
4.5. Damages and losses caused to Partner Drivers. The User will be liable for any damage or losses that he/she may cause to the passenger transportation service provider and agrees to indemnify and hold 99 harmless from and against any claims, losses, or damage directly or indirectly related to acts or facts caused by the User to the passenger transportation service provider.
4.5.1. The User is the only party responsible for the content of the luggage transported during the trip, with express prohibition to transport firearms, ammunitions; hazardous materials, explosives, flammables or fuels; drugs and narcotics; and any other materials whose transportation is forbidden by law or that violates good and moral conducts, and User shall be liable for any violation of the laws in effect at any level.
4.6. 99 makes available to the User the option of evaluating and making comments on the quality of the transportation service provided by Partner Drivers. Nonetheless, the publication of comments which 99, at its exclusive discretion, deems disparaging, libelous, violent, obscene, pornographic, racist, homophobic, illegal or otherwise offensive are forbidden and the respective Users should be subject to suspension of the use of the Application and Services, pursuant to Section 10.
4.6.1. The contents published by the User is under the User’s sole and exclusive civil and criminal liability, for all legal effects, including in relation to the comments and opinions on a certain content.
4.7. Access to the Network and Equipment. The User understands and agrees that the use of the Service demands the purchase of mobile phone devices and the engagement of telecommunication services, and the use of the Service may entail charges by such internet telecommunication service providers, for example. The User is the sole responsible for engaging and bearing any and every costs and charges related to the purchase of his/her mobile phone device and engagement of his/her telecommunication services. 99 is not responsible for the availability, quality and maintenance of such telecommunication services and the User understands that the telecommunication service conditions may affect the Service experience. 99 will not be liable for any issue related to the Service resulting directly or indirectly from inconsistencies or failures in the mobile phone devices and/or telecommunication services.
5. PROMOTIONAL CODES
5.1. 99 may, at its exclusive discretion, create promotional codes that may be redeemed as credit to the Account or other characteristics or benefits related to the Services and/or services by 99 partners, subject to any additional conditions that 99 determines for each promotional code (“Promotional Codes“).
5.1.1. The User agrees that the Promotional Codes: (i) must be used in a lawful manner for the intended purposes and targeted public; (ii) may not be duplicated, in any manner, sold, transferred or made available to the public in general (whether by posting to the public or any other method), except where expressly allowed by 99; (iii) may be disabled by 99 at any time for lawful reasons, with no resulting liability to 99; (iv) may only be used according to the specific conditions that 99 determines for these Promotional Codes; (v) are not valid as cash; and (vi) may expire before their use. 99 reserves the right to withhold or deduct credits or other functionalities or advantages obtained through the use of Promotional Codes by User himself/herself or third parties, in the event 99 concludes or believes that the use or redemption of the Promotional Code was made with error, fraud, illegality or violation of the conditions under the respective Promotional Code, specific regulations and the Terms, at the sole discretion of 99.
6.1. Subject to the fulfillment of these Terms, 99 grants to the User a free, limited, non-exclusive, personal, nontransferable and revocable license solely and exclusively to access and use the Service for personal, non-commercial purposes, through any compatible device.
- PAYMENT OF THE INDIVIDUAL TRANSPORTATION SERVICE
7.1. Price. User understands that the transportation services he/she receives from a Partner Driver, engaged through the Services, may be charged (“Price(s)“). The payment of the Price is made directly by the User, through one of the available payment methods that could be accepted by Partner Drivers: (i) cash; (ii) through his/her own debit or credit card machine; and/or (iii) through the Application itself. 99 is not responsible for any other payment method, except through the Application itself. Direct payment methods, namely cash and Partner Drivers’ debit or credit card machines are made available by the Partner Driver himself/herself and used for the account and risk of User.
7.1.1. Price Calculation method. When requesting the service through the Application, the User will receive the Price corresponding to the correspondent itinerary. The Price is comprised by: (i) base amount/minimum; plus (ii) a variable portion based in distance and time of the itinerary. Furthermore, in certain conditions in which the demand can significantly increase, an additional dynamic adjustment might be applicable (“Dynamic Adjustment”). The purpose of the Dynamic Adjustment is to balance offer and demand in order to stimulate that more drivers connect themselves to the Application and accept rides’ requests. The Dynamic Adjustment is part of the Price and its application will be clear. The User understands and agrees that by requesting a ride, that he/she accepts the indicated Price, agreeing to fully pay such Price.
7.1.2. Price variation after accepting the ride. The Price might increase if you alter the destination during the ride, if you make extra stops along the itinerary or if the trip takes more time than the expected, due to actions of the User, or any events that are not in control of the Driver and/or 99, including for reasons of force majeure and acts of God (e.g. events in the city that alter the traffic, heavy storms and natural accidents, etc.) (“Hypothesis of Price Variation”). In the Hypothesis of Price Variation, in the end of the ride, an additional amount would be added to the Price (“Additional Price”).
7.1.3. 99 reserves the right to define, remove and/or review the Price related to all transportation services intermediated through the use of Services at any time, at the exclusive discretion of 99. Moreover, you acknowledge and agree that the applicable Price in certain geographical areas may include charges, fees, taxes and/or governmental contributions due on your behalf, including tolls or airport charges, according to the route followed by the Partner Driver, the place of origin and/or destination of the trip.
7.1.4. 99 will exert reasonable efforts to inform the User of the Prices that may be applied, and the User will be responsible for the payment of the Prices entered in his/her Account. 99 may, at any time, provide certain User(s) with promotional prices and discounts that may result in amounts different from those charged by the same or similar transportation services obtained through the use of the Services, and the User agrees that such promotional prices and discounts, except when also offered to him/her, will not have any influence on the normally charged Prices.
7.2. Cancellation Fee. The User may opt to cancel his request for the Transportation Services at any time before the arrival of the Partner Driver to the pick up point indicated in the Application, case in which a cancellation fee might apply (“Cancellation Fee”). The Cancellation Fee intention is to reimburse the Partner Driver for its travel time and wait.
7.3. Payment Methods. The payment through the Application will be made, at the User’s discretion, whether through an account in a payment method partner company (“Payment Company“), or through a credit card duly registered in the Application (“Credit Card Company“). 99 has no responsibility for such access and registration by the Partner Company or the Credit Company. On completion of the payment process, the User authorizes 99 to debit the full amount of the Price in the available Payment Method.
7.3.1. In the event User elects to make the payment through a credit card, the User shall provide his/her data on the Application, which will be sent to the Credit Card Company. For the User’s safety, on registration of a new credit card by the User, 99 will make a trial collection of five Reais (BRL 5.00), which will be reversed soon afterwards. This trial collection will not be charged to the invoice and is intended only to check the validity of the registered credit card.
7.3.2. In case the fare Price cannot be debited to the Payment Company’s available Payment Method for any reason whatsoever, 99 will generate a collection document and may use any and every judicial or extrajudicial remedy, seeking to receive the amount due.
7.4. Tips. 99 may offer a functionality to the User, through which he/she will be able to give a tip to the Partner Driver, as means of incentive to a fast, courteous, and efficient service. This tip is not mandatory.
7.5. Split Fare. 99 may provide a functionality for splitting the Fare among Users. The Fare will be divided equally between accepting Users. 99 may charge an additional fee for the use of this functionality, according to info displayed on the app.
- DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
8.1. DISCLAIMER. THE USER EXPRESSLY AGREES AND IS AWARE THAT: (i) THE USE OF THE SERVICE IS UNDER FULL RESPONSIBILITY OF THE USER. THE SERVICE IS SUPPLIED TO THE USER AS AVAILABLE. 99 DOES NOT OFFER ANY GUARANTEES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS; AND (ii) 99 CANNOT GUARANTEE THAT: (A) THE SERVICE AVAILABLE WILL MEET THE USER’S NEEDS; (B) THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED, TIMELY MANNER; (C) THE QUALITY OF ANY OTHER OFFERS, INFORMATION OR OTHER MATERIAL ACCESSED, OBTAINED, MADE AVAILABLE OR PROVIDED TO THE USER IN CONNECTION WITH THE SERVICE WILL MEET THE USER’S EXPECTATIONS; (D) THAT IMPROVEMENTS OR INNOVATIONS WILL BE IMPLEMENTED; AND (E) THE TRANSPORTATION SERVICES REQUESTED THROUGH THE USE OF THE SERVICES WILL BE RELIABLE, PUNCTUAL, AND APPROPRIATE.
8.1.1. THE USER EXPRESSLY AGREES AND IS AWARE THAT 99 WILL HAVE NO LIABILITY, WHETHER FOR BREACH OF CONTRACT OR IN TORT, FOR ANY PROPERTY OR PAIN AND SUFFERING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT OR INFORMATION, OR OTHER INTANGIBLE LOSSES AS A RESULT OF: (A) USE OR INCAPACITY TO USE THE SERVICE; (B) SECURITY BREACHES AND UNAUTHORIZED ACCESS TO THE USER’S TRANSMISSIONS OR INFORMATION, AS WELL AS CHANGES THEREOF; (C) INSTRUCTIONS OR CONDUCTS OF THIRD PARTIES IN RELATION TO THE SERVICE; AND (D) FOR EVENTS OF FORCE MAJEURE, ACTS PERFORMED BY THE USER HIMSELF/HERSELF AND ACTS PERFORMED BY OR UNDER THE RESPONSIBILITY OF THIRD PARTIES.
8.2. LIMITATION OF LIABILITY FOR THE TRANSPORTATION SERVICES. USER ACKNOWLEDGES AND AGREES THAT THE PARTNER DRIVERS ARE INDEPENDENT WORKERS, EXCLUSIVELY RESPONSIBLE FOR THE TRANSPORTATION SERVICES PROVISION. 99 WILL TAKE ALL ACTIONS POSSIBLE WITHIN ITS REACH FOR THE USER TO HAVE THE BEST EXPERIENCE POSSIBLE ALSO WITH THE TRANSPORTATION SERVICES PROVIDED BY THE PARTNER DRIVERS; HOWEVER, 99 EXPRESSLY EXEMPTS ITSELF FROM GIVING ANY GUARANTEE AND IS NOT LIABLE FOR: (I) ANY PARTNER DRIVER, INCLUDING ANY TECHNICAL OR PERSONAL ATTRIBUTE OF SUCH DRIVER; (II) THE CONTINUED EVALUATION AND INSPECTION OF SUCH PARTNER DRIVERS AND THEIR RESPECTIVE VEHICLES; AND (III) ANY ACTS, FACTS, LOSSES, DAMAGES DIRECTLY OR INDIRECTLY RELATED TO THE PASSENGER TRANSPORTATION SERVICES PROVIDED BY PARTNER DRIVERS, INCLUDING, WITHOUT LIMITATION: (A) THE ITINERARY FOLLOWED BY THE PARTNER DRIVER; (B) TIME OF USER’S ARRIVAL AT THE FINAL DESTINATION; (C) THE PROPER COMPLETION OF THE TRIP BY THE DRIVER AT THE PLATFORM; AND (D) THE CUSTODY OF ITEMS THAT USER FORGOT IN DRIVER’S VEHICLE.
8.2.1. The User is aware that the Partner Driver’s data disclosed by 99, including but not limited to, his/her full name, model and license plates of the vehicle, were supplied by the Partner Driver himself/herself.
8.3.1. FOR ACCIDENTS. THE USER AGREES THAT ANY PAYMENT MADE BASED ON A PASSENGER PERSONAL ACCIDENT INSURANCE (APP) KEPT BY 99 OR A THIRD PARTY SERVICE PROVIDER WILL REDUCE ANY INDEMNIFICATION THAT MAY BE DUE AS A RESULT OF THAT SAME ACCIDENT. 99 MAY DEDUCT ANY PAYMENTS MADE UNDER THE INSURANCE FROM THE INDEMNIFICATION THAT 99 MAY BE REQUIRED TO PAY ON ANY GROUNDS.
8.3.2. BY USER TO 99. The User agrees to indemnify 99 and its controlling company, subsidiaries, affiliates, officers and employees, partners and clients bearing its trademarks or those of its controlling company for, and hold them harmless from, any losses and damages claimed against them, including court costs and attorney’s fees in view of: (i) any fact or tort performed by User; (ii) use of the Services, transportation services obtained by the use of the Services; (ii) violation of these Terms; or (iv) violation of third parties’ rights, including Partner Drivers.
- INTELLECTUAL PROPERTY
9.1. The trademarks, names, logos, domain names and all other identifiers, as well as any and every content, drawing, art or layout published in the Application and the Service itself are of exclusive property of 99.
9.2. Any acts or contributions towards decompilation, reverse engineering, change of features, expansion, mixing or merger into any other Application or Service programs or systems are forbidden. Any and every method to reproduce the Application or Service in full or in part, permanently, temporarily or provisionally, free of charges or at a cost, under any method, manner or account is expressly forbidden.
- CANCELLATION OF ACCESS TO THE APPLICATION
10.1. The User agrees that 99, at its discretion, may cancel the use of the Service, including but not limited to: (i) failure to comply with and/or violation of, these Terms; (ii) as a result of a court decision or legal requirement by an applicable governmental authority; (iii) upon request by the User himself; (iv) discontinuance or change of Service (or any part thereof); (v) Act of God, force majeure and/or security issues; (vi) the inactivity of the account for a reasonable period of time; (vii) alleged performance of any fraudulent or illegal activity by User, at the discretion of 99; (viii) improper use of the Application, at the discretion of 99; and/or (ix) default by the User on any obligations, amounts, payments due as a result of the Services, where applicable.
10.2. THE USER AGREES THAT THE EXPIRY OF HIS ACCESS TO THE SERVICE FOR ANY REASON AS MENTIONED IN THESE TERMS, MAY TAKE PLACE WITHOUT AN ADVANCE NOTICE AND ALL EXISTING INFORMATION AND DATA MAY BE PERMANENTLY DELETED.
11.1. These terms represent the entire agreement between the User and 99, and will govern the use of the Service by the User and supersedes any previous agreement.
11.2. Governing Law. These Terms and the relationship between the User and 99 will be governed by the laws of the Federative Republic of Brazil. The courts of the Judicial District of the Capital city of the State of São Paulo are elected as the only courts with authority to settle any litigations and/or claims that may involve the parties in relation to the use of, and access to, its site and Application. The User and 99 agree to be subject to the sole and exclusive authority of the courts located in Brazil.
11.3. Notices. All notices, summons, official letters or any other official manner of notifying 99 shall be sent to its head office address, detailed in the preamble of these Terms.
11.4. Waiver of Rights. In the event 99 fails to exercise or perform any other right or provision of these Terms, such failure will not represent a waiver to such right or provision, nor will it represent novation. In the event any provision of the Terms is deemed invalid by a competent court, the parties agree nonetheless that the remainder of the Terms shall be construed in such manner as to reflect the original purpose, and the remaining provisions of the Terms shall remain in full force and effect.
11.5. Assignment of Rights. The User cannot assign nor transfer these Terms in part or in full without the prior written approval by 99. The User grants its approval for 99 to assign and transfer these Terms in part or in full, including: (i) its controlling company, subsidiary or affiliate; (ii) a purchaser of the equity interest, business or assets of 99; or (iii) to a successor as a result of any corporate transaction. There is no joint venture, partnership, employment or representation relationship between User, 99 or any Partner Drivers as a result of the agreement between you and 99 or in view of the use of the Services.
11.6. Severability. In the event any provision of these Terms is deemed illegal, invalid or unenforceable, whether in full or in part, by any legislation, such provision or part thereof shall be, to that extent, deemed inexistent for all effects of these Terms, however, the legality, validity and enforceability of all other provisions in these Terms will not be affected thereby. In such event, the parties will replace the illegal, invalid or unenforceable provision or part thereof, by another provision that is legal, valid and enforceable which, to the maximum extent possible, has a similar effect as that of the provision deemed illegal, invalid or unenforceable as to the contents and purposes of these Terms. These Terms represent the entire agreement and understanding between the parties on this matter and supersede and prevail over all other previous understandings and covenants on the matter. In these Terms, the words “including” and “includes” mean “including, without limitation.”