1. Your relationship with Tip Whip
By using the Tip Whip website (www.tipwhip.com) or any Tip Whip mobile application that may be offered in the future (“App”), by telephoning Tip Whip, or by entering a vehicle used by a Tip Whip Driver, you agree to be bound by these Terms.
These Terms create a contractual relationship between you and Tip Whip. These Terms do not create any commercial or legal relationship of any type between you and any Tip Whip Driver, Rider or Passenger.
Tip Whip (“we,” “our,” “us”) may update these Terms from time to time. Any such amendments will take effect as soon as Tip Whip posts them on its website or any App. By continuing to use Tip Whip after an update, you agree to be bound by the updated Terms.
2. How you use the Service
Tip Whip is a tip-based ride-sharing service by students and for students. It allows students who want a short ride by automobile from one location to another (“Riders”) to find students who are interested in driving them (“Drivers”). As a Rider, you can contact Tip Whip to request a ride, and Tip Whip will try to match you with a Driver who can pick you up and take you where you need to go. Right now, you can contact Tip Whip by telephone, and we hope to offer Apps in the future. These Terms refer to this service as the “Service.”
Here’s how the Service works. You contact Tip Whip and request to be picked up at the location that you provide, and to be dropped off at another location not far away. Tip Whip is for short drives, not road trips, so make it a trip less than three miles. Tip Whip will dispatch one of its on-call Drivers to pick you up and drop you off. Tip Whip will choose a Driver for you based on availability, and there may not be a Driver available quickly (or at all). Tip Whip and Tip Whip Drivers have the right to refuse the Service to you or to any Passengers for any reason at any time.
If you don’t want to enter the Driver’s vehicle for any reason, you don’t have to. If you do, then just hop in and enjoy the ride. When you reach your destination, it’s nice to tip the Driver, because he or she is driving you for tips. But you don’t have to tip, and there’s no minimum amount if you do tip.
You may bring one or more friends into the vehicle with you (“Passengers”), even if they are not students, if your Driver agrees to take them. If you request to bring a Passenger and your Driver agrees, then you agree to be personally responsible and financially liable for the Passenger’s conduct and to make sure the Passenger complies with these Terms to the same extent that you agree to.
If a Driver or another Rider or Passenger ever does anything that you don’t like in connection with the Service, please tell Tip Whip immediately. We want this to be a great Service that people enjoy using. If anybody sexually harasses you, tell us. If anybody’s a jerk, tell us. If a Driver pressures you for a tip, which they have agreed with us not to do, tell us.
You agree that Tip Whip is not a transportation service provider.
To use the Service, you must be at least eighteen years of age, you must be a student enrolled in a post-secondary educational institution, and you must satisfy any other eligibility criteria that Tip Whip may adopt at any time. Any other use of the Service is unauthorized. If you use the Service in any unauthorized manner, then you agree to compensate Tip Whip for its attorneys’ fees and any legal costs that may result from Tip Whip’s initiation of any related legal action against you.
3. Your authorizations to Tip Whip
In order to match Riders with Drivers, Tip Whip may collect some information about you. This may include your name, your phone number, and other information that Tip Whip may request through the website, by phone or through an App. You agree that Tip Whip may collect this information and share it with Drivers for the limited purpose of helping them identify you at pickup locations or communicate with you about your ride, and may share it with third-party services to verify that you are a student at a college or a university.
4. The Rider’s Pledge
Remember, your Driver is a student just like you. Be nice to them and act responsibly. Here’s what we mean. When you’re in a Driver’s vehicle, you agree:
- Don’t harass a Driver or another Rider or Passenger. Don’t harass them verbally, physically, sexually or otherwise.
- Always wear your seat belt while the vehicle is moving. If your seat belt doesn’t work, tell your Driver before the vehicle begins moving. If there is not a working seat belt, don’t ride.
- If you receive a Driver’s phone number or other contact information in the course of using the Service, don’t use it for any reason except in connection with the Service. In particular, don’t use it to call them and ask them for a date or to hang out, and don’t give the contact information to anybody else.
- Don’t do anything illegal.
- Don’t bring any illegal drugs or other illegal substances into the vehicle. Don’t bring any alcohol into the vehicle, whether it is in an open or closed container.
- Don’t do anything that might cause an accident. For example, don’t distract the Driver.
- If you are in contact with law enforcement officials or emergency medical personnel, follow their directions.
- Don’t use any type of tobacco product in the vehicle, and don’t smoke within twenty feet of it.
- Feel free to suggest the quickest route from your pickup location to the dropoff location if you know it, but if your Driver has a preferred route, let the Driver choose the route.
- The Driver is the boss of his or her vehicle. If they ask you to do something, you agree to do so, whether that is to keep the noise level down, not to smoke, or otherwise, so long as they’re not asking you to do anything illegal or that would conflict with these Terms. The Driver also has the right to ask you to leave the vehicle at any time and for any reason. If they ask you to leave the vehicle, you agree to do so.
- If you cause any damage to your Driver’s vehicle or cause the vehicle to require professional cleaning or detailing, you’ll pay the Driver’s reasonable costs of repair or cleaning.
- Don’t ask anybody else to violate any of these rules. If you bring any Passengers on the ride with you, make sure they follow them too.
Either you or Tip Whip may immediately terminate these Terms at any time and for any reason, ending your use of the Service.
6. Disclaimers, waiver of liability and indemnity
TIP WHIP OFFERS THE SERVICE “AS IS.” TIP WHIP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, EXCEPT THOSE EXPRESSLY CONTAINED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TIP WHIP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE CONCERNING THE RELIABILITY, TIMELINESS, QUALITY OR AVAILABILITY OF THE SERVICE.
YOU AGREE THAT YOU ALONE BEAR THE ENTIRE RISK OF USING THE SERVICE, TO THE EXTENT PERMITTED UNDER THE LAW.
WAIVER OF LIABILITY
TIP WHIP WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES OF ANY TYPE (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES), PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO ANY USE OF THE SERVICE.
You will indemnify and hold Tip Whip and its officers, directors, employees, independent contractors (including Tip Whip Drivers) and agents, and other Tip Whip Riders and/or Passengers, harmless from any claims or expenses (including attorneys’ fees) arising in connection with the Service.
- No transfer or assignment
The Service is for you alone. You agree not to assign or transfer your rights under these Terms to any other person, for financial gain or otherwise.
- Entire Agreement
These Terms are the final, complete, and exclusive understanding between the parties. They replace and supersede all previous oral or written communications or agreements between the parties with respect to the subject matter of these Terms. These Terms may not be modified or amended except in a writing signed by an authorized representative of Tip Whip or by an updated Terms of Service posted on the Tip Whip website or on an App.
- Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Maine. The federal and state courts in Maine will have jurisdiction over any claim brought under these Terms or in connection with the Service, and the parties hereby consent to the personal jurisdiction of such courts.
If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision will be severed from the Terms, without effect to any other provisions of the Terms.
- Resolving disputes
If you have any dispute with Tip Whip, you agree to contact us in writing before filing a lawsuit and to try in good faith to resolve the dispute. If you are not satisfied with that process, then the parties will arbitrate the dispute before an arbitrator that you and Tip Whip agree to in writing in the State of Maine. If the parties cannot agree on the choice of an arbitrator, each party will appoint one individual representative and the two party representatives will, between themselves, chose an arbitrator.
The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that, or any other, provision of these Terms.