These terms of service constitute a legally binding agreement (the “Agreement”) between you and SHUTTLE TECHNOLOGY LIMITED. (“SHUTTLE,” “we,” “us” or “our”) governing your use of the SHUTTLE application, website, and technology platform (collectively, the “SHUTTLE Platform”).
Please be advised: This Agreement contains provisions that govern how claims you and SHUTTLE have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against SHUTTLE to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, 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 below.
By entering into to this Agreement, and/or by using or accessing the SHUTTLE platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the SHUTTLE Platform. If you use the services of SHUTTLE or its affiliates in another country, by using the SHUTTLE Platform in that country you agree to be subject to SHUTTLE’s terms of service for that country.
The SHUTTLE Platform
The SHUTTLE Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the SHUTTLE Platform. Each person may only create one User account, and SHUTTLE reserves the right to shut down any additional accounts. As a User, you authorize SHUTTLE to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event SHUTTLE modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. SHUTTLE reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the SHUTTLE Platform or 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).
The SHUTTLE Platform may only be used by individuals who can form legally binding contracts under applicable law. The SHUTTLE Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on the shuttle page ( www.shuttleng.com). SHUTTLE has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., SHUTTLE Plus, SHUTTLE SUV) as described on the SHUTTLE page. You are responsible for reviewing the applicable SHUTTLE page or price quote within the SHUTTLE 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. There are two types of fares, variable and quoted.
Fees and Other Charges.
By entering into this Agreement or using the Platform, you agree to receive communications from us, 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 SHUTTLE, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the SHUTTLE Platform or Services, updates concerning new and existing features on the SHUTTLE Platform, communications concerning promotions run by us or our third-party partners, and news concerning SHUTTLE and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional calls or texts, you can send an email to firstname.lastname@example.org. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the SHUTTLE Platform or the Services, however opting out of receiving communication from shuttle may impact your use of the SHUTTLE Platform or the Services.
Promotions and Referral Programs
SHUTTLE, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with SHUTTLE. SHUTTLE reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that SHUTTLE 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 terms or this Agreement.
As part of your User account, SHUTTLE may provide you with or allow you to create a “SHUTTLE Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new SHUTTLE Riders (“Referred Riders”) or Drivers (“Referred Drivers”). SHUTTLE Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your SHUTTLE Code. You are prohibited from advertising SHUTTLE Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. SHUTTLE reserves the right to deactivate or invalidate any SHUTTLE Code at any time in SHUTTLE’s discretion.
From time to time, SHUTTLE may offer you with incentives to refer your friends and family to become new Users of the SHUTTLE Platform(the “Referral Program”). These incentives may come in the form of SHUTTLE Credits, and SHUTTLE may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of SHUTTLE Codes and participation in the Referral Program is subject to this Agreement.
With respect to your use of the SHUTTLE Platform and your participation in the Services, you agree that you will not:
All intellectual property rights in the SHUTTLE Platform shall be owned by SHUTTLE 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 SHUTTLE 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 SHUTTLE. SHUTTLE 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.
SHUTTLE and other SHUTTLE logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of SHUTTLE in Nigeria and/or other countries (collectively, the “SHUTTLE Marks”). If you provide Services as a Driver, SHUTTLE 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 SHUTTLE Marks solely in connection with providing the Services through the SHUTTLE Platform (“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 SHUTTLE’s prior written permission, which it may withhold in its sole discretion. The SHUTTLE Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that SHUTTLE is the owner and licensor of the SHUTTLE Marks, including all goodwill associated therewith, and that your use of the SHUTTLE Marks will confer no additional interest in or ownership of the SHUTTLE Marks in you but rather inures to the benefit of SHUTTLE. You agree to use the SHUTTLE Marks strictly in accordance with SHUTTLE’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that SHUTTLE determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the SHUTTLE Marks or any derivatives of the SHUTTLE Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by SHUTTLE in writing; (2) use the SHUTTLE Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the SHUTTLE Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair SHUTTLE’s rights as owner of the SHUTTLE Marks or the legality and/or enforceability of the SHUTTLE Marks, including, challenging or opposing SHUTTLE’s ownership in the SHUTTLE Marks; (4) apply for trademark registration or renewal of trademark registration of any of the SHUTTLE Marks, any derivative of the SHUTTLE Marks, any combination of the SHUTTLE Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the SHUTTLE Marks; (5) use the SHUTTLE Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in SHUTTLE’s sole discretion. If you create any materials bearing the SHUTTLE Marks (in violation of this Agreement or otherwise), you agree that upon their creation SHUTTLE exclusively owns all right, title and interest in and to such materials, including any modifications to the SHUTTLE Marks or derivative works based on the SHUTTLE Marks. You further agree to assign any interest or right you may have in such materials to SHUTTLE, and to provide information and execute any documents as reasonably requested by SHUTTLE to enable SHUTTLE to formalize such assignment.
SHUTTLE respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the SHUTTLE Platform or Services infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of SHUTTLE, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
SHUTTLE does not provide transportation services, and SHUTTLE is not a transportation carrier. SHUTTLE is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the SHUTTLE Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the SHUTTLE Platform. We cannot ensure that a Driver or Rider 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 Services.
The SHUTTLE 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 SHUTTLE Platform and/or the Services, including the ability to provide or receive Services at any given location or time. 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 SHUTTLE Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the SHUTTLE Platform will be corrected, or that the SHUTTLE 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 SHUTTLE Platform or Services.
N.B: We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the SHUTTLE Platform and Services, including looking at the photos of the Driver or Rider 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 SHUTTLE Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
SHUTTLE is not responsible for the conduct, whether online or offline, of any User of the SHUTTLE Platform or 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 Riders. By using the SHUTTLE Platform and participating in the Services, you agree to accept such risks and agree that SHUTTLE is not responsible for the acts or omissions of Users on the SHUTTLE Platform or participating in the Services.
You are responsible for the use of your User account and SHUTTLE 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 SHUTTLE Platform (including any profile information you provide), send to other Users, or share during the 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 SHUTTLE Platform or through the Services. Please carefully select the type of information that you post on the SHUTTLE Platform or through the 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 SHUTTLE or made available through the SHUTTLE 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 SHUTTLE Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the SHUTTLE 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 SHUTTLE 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 SHUTTLE, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SHUTTLE Platform. Any of your Information, including geolocational data, you upload, provide, or post on the SHUTTLE Platform may be accessible to SHUTTLE and certain Users of the SHUTTLE Platform.
SHUTTLE advises you to use the SHUTTLE Platform with a data plan with unlimited or very high data usage limits, and SHUTTLE shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the SHUTTLE Platform.
This paragraph applies to any version of the SHUTTLE Platform that you acquire from the Android App Store. This Agreement is entered into between you and SHUTTLE. (“Android”) is not a party to this Agreement and shall have no obligations with respect to the SHUTTLE Platform. SHUTTLE, not Android, is solely responsible for the SHUTTLE Platform and the content thereof as set forth hereunder. However, Android and Android’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Android shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Android’s Licensed Application End User License Agreement , for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold SHUTTLE 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 SHUTTLE Platform and participation in the 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, Riders, 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 SHUTTLE 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 Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
In no event will SHUTTLE, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “SHUTTLE” 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 SHUTTLE Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the SHUTTLE Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The SHUTTLE Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that SHUTTLE 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 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.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to SHUTTLE; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement.. 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 SHUTTLE’s satisfaction, this Agreement will not be permanently terminated.
Dispute Resolution and Arbitration Agreement
(a) Agreement to Binding Arbitration Between You and SHUTTLE.
You and SHUTTLE 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 the Federal Arbitration Act and survives after the Agreement terminates or your relationship with SHUTTLE ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and SHUTTLE, including 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 SHUTTLE’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 SHUTTLE. 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 SHUTTLE Platform, the Services, any other goods or services made available through the SHUTTLE Platform, your relationship with SHUTTLE, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on SHUTTLE’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by SHUTTLE, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
By agreeing to arbitration, you understand that you and SHUTTLE 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.
(b) Prohibition of Class Actions and Non-Individualized Relief.
You understand and agree that you and SHUTTLE may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and SHUTTLE both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding. Notwithstanding the foregoing, this subsection (b) shall not apply to representative private attorneys general act claims brought against SHUTTLE, which are addressed separately in Section 17(c).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. 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.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement , disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by a chartered member of Nigeria Institute of Chartered Arbitrator pursuant to the Arbitration and conciliation Act of 1990 that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement.
As part of the arbitration, both you and SHUTTLE 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 Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider 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. As set forth in the Arbitration and Conciliation Act of 1990
(f) Location and Manner of Arbitration. As set forth in the Arbitration and Conciliation Act of 1990
(i) Driver Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against SHUTTLE 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 class 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) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.
As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in SHUTTLE’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with SHUTTLE. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying SHUTTLE in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to email@example.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
Shuttle Technologies Limited
Cases have been filed against SHUTTLE and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against SHUTTLE alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with SHUTTLE under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against SHUTTLE in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and SHUTTLE 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 SHUTTLE. 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.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to SHUTTLE’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 SHUTTLE 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. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of SHUTTLE in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to SHUTTLE with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by SHUTTLE 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 SHUTTLE; becomes known to you, without restriction, from a source other than SHUTTLE without breach of this Agreement by you and otherwise not in violation of SHUTTLE’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 SHUTTLE to enable SHUTTLE to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with SHUTTLE
As a Driver on the SHUTTLE Platform, you acknowledge and agree that you and SHUTTLE are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and SHUTTLE expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and SHUTTLE; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind SHUTTLE, and you undertake not to hold yourself out as an employee, agent or authorized representative of SHUTTLE.
SHUTTLE 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 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 SHUTTLE Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the SHUTTLE Platform, or to cancel an accepted request for Services via the SHUTTLE Platform, subject to SHUTTLE’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, SHUTTLE shall have no right to require you to: (a) display SHUTTLE’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying SHUTTLE’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
In addition to connecting Riders with Drivers, the SHUTTLE Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the SHUTTLE Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation platforms and request rides from local drivers (collectively, the “Other Services”). You understand and 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 SHUTTLE Platform, you authorize SHUTTLE to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that SHUTTLE 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 SHUTTLE Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the Federal Rebuplic of Nigeria without regard to choice of law principles. This choice of law provision is only intended to specify the use of Nigerian law to interpret this Agreement and is not intended to create any other substantive right to non- Nigerian to assert claims under Nigerian law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by SHUTTLE, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to SHUTTLE shall be given by certified mail, postage prepaid and return receipt requested to SHUTTLE TECHNOLOGIES LIMITED, 33 OLD ANWAI ROAD ASABA DELTA STATE. Any notices to you shall be provided to you through the SHUTTLE Platform or given to you via the email address or physical you provide to SHUTTLE during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and SHUTTLE 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 SHUTTLE Platform or Services, please contact our Customer Support Team through our website or call 07034628307.