Last Updated: May 1, 2015
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH DRIVERS (DEFINED BELOW) MAY CREATE ROUTES (DEFINED BELOW) FOR CARS (DEFINED BELOW) AND SENDER (DEFINED BELOW) MAY LEARN ABOUT AND BOOK FREE SPACE IN CARS. YOU UNDERSTAND AND AGREE THAT BAGHITCH IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN DRIVERS AND SENDER OF STUFF, NOR IS BAGHITCH A TRANSPORTATION COMPANY, AGENT OR INSURER. BAGHITCH HAS NO CONTROL OVER THE CONDUCT OF DRIVERS, SENDER OF STUFF AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY CARS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms “BagHitch Content” means all Content that BagHitch makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and BagHitch Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Sender of Stuff” means a Member who requests a transportation via the Site, Application or Services, and is not the Driver of the transport. “Driver” means a Member who logs on the site and makes himself available for accepting transportation of stuff/goods, Application and Services. “Route” means a trip that is listed by a Driver as available with free space via the Site, Application, and Services. “Member” means a person who completes BagHitch’s registration process or log in through a third party solution such as Facebook, including, but not limited to Drivers and Sender of stuff, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
BagHitch reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to post routes and/or stuff to be send and as a result create booking of free space in vehicles (“Cars”). You may view Listings as an registered visitor to the Site, Application and Services, you register to create an BagHitch Account (defined below). As stated above, BagHitch makes available a platform or marketplace with related technology for Sender of stuff and Drivers to meet online and arrange for bookings of Free space in Cars. BagHitch is not an owner or operator of means of transportation, nor is it a provider of such things and BagHitch does not own or sell these services. BagHitch’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Driver for the purpose of accepting payments from Sender of stuff on behalf of the Driver.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF FREE SPACE IN CARS. BAGHITCH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CAR. BAGHITCH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CARS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE SENDER OF STUFFS OWN RISK.
In order to access certain features of the Site and Application, and to book a Transportation or create a Listing, you must register to create an account (“BagHitch Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BagHitch Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to BagHitch through the Site, Services or Application; or (ii) allowing BagHitch to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to BagHitch and/or grant BagHitch access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BagHitch to pay any fees or making BagHitch subject to any usage limitations imposed by such third party service providers. By granting BagHitch access to any Third Party Accounts, you understand that BagHitch will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your BagHitch Account and BagHitch Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your BagHitch Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or BagHitch’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. BagHitch makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non- infringement and BagHitch is not responsible for any SNS Content.
We will create your BagHitch Account and your BagHitch Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BagHitch Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BagHitch reserves the right to suspend or terminate your BagHitch Account and your access to the Site, Application and Services if you create more than one (1) BagHitch Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BagHitch Account, whether or not you have authorized such activities or actions. You will immediately notify BagHitch of any unauthorized use of your BagHitch Account.
Listings for Senders and Drivers
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Transportation to be listed, including, but not limited to, the location, quality, value, features, picture, availability of the Transportation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Cars and Stuff must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Free Space in Car via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Sender of stuff requests a booking of your Transportation, the price for such booking may only be altered in dialog with the other party.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Sender of stuff uses, an Transportation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Transportation included in a Listing you post, including, but not limited to, road laws and laws governing transportation and (b) not conflict with the rights of third parties. Please note that BagHitch assumes no responsibility for a Driver’s compliance with any applicable laws, rules and regulations. BagHitch reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BagHitch, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that BagHitch does not act as an insurer or as a contracting agent for you as a Driver. If a Sender requests a booking of your Free Space in a Car any agreement you enter into with such Sender is between you and the Sender of stuff and BagHitch is not a party thereto. Notwithstanding the foregoing, BagHitch serves as the limited authorized agent of the Driver for the purpose of accepting payments from Sender of stuff on behalf of the Driver and is responsible for transmitting such payments to the Driver.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Transportation, including, but not limited to, requiring Members to have a profile picture, e-mail and/or phone number, picture of stuff to be transported, in order to book your Transportation. Any Member wishing to book Free Space in Cars included in Listings with such requirements must meet these requirements.
If you are a Driver, BagHitch makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Transportation. You acknowledge and agree that, as a Driver, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who uses your Transportation at your request or invitation, excluding the Sender of stuff (and the individuals the Sender of stuff invites to the Transportation, if applicable.)
BagHitch recommends that Drivers obtain appropriate insurance for their Cars. Please review any insurance policy that you may have for your Transportation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Sender of stuff (and the individuals the Sender of stuff invites to the Transportation, if applicable) while at your Transportation.
BagHitch Driver Guarantee
Please not that you as a Driver are entiteled to look through any Stuff/Goods that your are about to transport in order to make sure that it is not any article prohibited by law.
BagHitch Send Secure
As a user of Site, Application and Services to post Listings and book space in Cars, all Goods/Stuff is not covered by any insurance provided by BagHitch. Users must use the BagHitch Check Out for all payments connected to use of the Service.
BagHitch does not endorse any Members, Cars or Senders. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the BagHitch Driver Guarantee Terms and Conditions (“BagHitch Driver Guarantee”), which is an agreement between BagHitch and Drivers, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see BagHitch’s Driver Guarantee Terms and Conditions at www.BagHitch.com/terms for information about the BagHitch Driver Guarantee.)
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BagHitch with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Driver against BagHitch regarding the remittance of payments received from a Sender by BagHitch on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Listing of Routes and Stuff on BagHitch is free. Drivers and Sender of stuff agree upon cost of transportation. When Sender and Driver is connected through the Service, using the BagHitch check out for payment is mandatory and acceptence of that a transaction fee is charged. If no monetary payment is made BagHitch has the right but not the obligation to charge the sender 40 SEK. In all other circumstances the transaction fee is deducted from the payment made to Drivers. BagHitch has the right but not the obligation to charge a minimum of 40 SEK per transaction.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an BagHitch Sender or Driver;
offer, as a Driver, any Cars that you do not yourself own or have permission to use;
offer, as a Driver, any Transportation that may not be used for transportation;
register for more than one BagHitch Account or register for an BagHitch Account on behalf of an individual other than yourself;
contact a Driver for any purpose other than asking a question related to a booking, such Driver’s Cars or Listings;
contact a Sender for any purpose other than asking a question related to a Listing or such Sender use of the Site, Application and Services;
when acting as a Sender of stuff or otherwise, recruit or otherwise solicit any Driver or other Member to join third party services or websites that are competitive to BagHitch, without BagHitch’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
as a Driver, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, BagHitch’s name, any BagHitch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BagHitch’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, BagHitch’s computer systems, or the technical delivery systems of BagHitch’s providers;
attempt to probe, scan, or test the vulnerability of any BagHitch system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BagHitch or any of BagHitch’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
BagHitch will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BagHitch may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BagHitch has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BagHitch reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that BagHitch, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Transporter AB and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, BagHitch grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on mobile devices or computers that you own or control and run such copy of the Application solely for your own personal use. BagHitch reserves all rights in the Application not expressly granted to you by these Terms.
BagHitch Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, BagHitch grants you a limited, non-exclusive, non-transferable license, to (i) access and view any BagHitch Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BagHitch or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to BagHitch a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. BagHitch does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to BagHitch the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BagHitch’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that BagHitch is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BagHitch of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, pictopgrams, trade names and any other proprietary designations of BagHitch used herein are trademarks or registered trademarks of Transporter AB. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. You may submit Feedback by emailing us at [email protected] or through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of BagHitch and you hereby irrevocably assign to BagHitch and agree to irrevocably assign to BagHitch all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At BagHitch’s request and expense, you will execute documents and take such further acts as BagHitch may reasonably request to assist BagHitch to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
BagHitch respects copyright law and expects its users to do the same. It is BagHitch’s policy to terminate in appropriate circumstances the BagHitch Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and BagHitch Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your BagHitch Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event BagHitch terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your BagHitch Account you will remain liable for all amounts due hereunder. You may cancel your BagHitch Account at any time via the “Cancel Account” feature of the Services or by sending an email to [email protected] Please note that if your BagHitch Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BAGHITCH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SENDERS AND DRIVERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENTARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BAGHITCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BAGHITCH MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRANSPORTATION OR QUALITY OF TRANSPORTATION, OR THE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BAGHITCH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CARS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BAGHITCH OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DRIVERS OR SENDERS. YOU UNDERSTAND THAT BAGHITCH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CARS. BAGHITCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SENDER OF STUFF AND DRIVERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BAGHITCH. NOTWITHSTANDING BAGHITCH’S APPOINTMENT AS THE LIMITED AGENT OF THE DRIVERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM SENDER OF STUFF ON BEHALF OF THE DRIVERS, BAGHITCH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SENDER OF STUFF OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY CARS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BAGHITCH WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BAGHITCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY TRANSPORTATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAGHITCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BAGHITCH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF TRANSPORTATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TRANSPORTATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A SENDER OF STUFF IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DRIVER, THE AMOUNTS PAID BY BAGHITCH TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (€100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BAGHITCH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold BagHitch and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Transportation, (iii) creation of a Listing or (iv) the use, condition or rental of an Transportation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Transportation.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by Swedish law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported. You also will not use the Site, Application and Services for any purpose prohibited by law, including the development, design, manufacture, transportation or production of missiles, or nuclear, chemical or biological weapons. BagHitch may not permit Listings, for Senders or Driver routes, associated with certain countries due to embargo restrictions.
If you are the sender of stuff or Driver, anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to BagHitch by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between BagHitch and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Cars made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BagHitch and you regarding bookings or listings of Cars, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without BagHitch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BagHitch may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BagHitch (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Sweden.
You and BagHitch agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and BagHitch are each waiving the right to a trial in any purported class action or representative proceeding. Further, unless both you and BagHitch otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Changes. Notwithstanding the provisions of the “Modification” section above, if BagHitch changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of BagHitch’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will handle any Dispute between you and BagHitch in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of BagHitch to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BagHitch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms please contact BagHitch at [email protected]