SERVICE AGREEMENT FOR LET’S GO BAHAMAS DRIVER
This electronic record does not require any physical or digital signatures.
By continuing usage of the Application, you are consenting to be bound by these T&Cs for use and access of the application
The Service Agreement (“Agreement”) is entered between (“Driver, You”) and Let’s Go Bahamas business, registered as LETSGO-BAHAMAS provisions of The Bahamas Business Licence Act 2010, which owns and operates mobile application LET’S GO BAHAMAS, having its registered address Venito Atlantic Dr. Nassau Bahamas, and regarding subscription to Driver mobile application. This Agreement is an effective acceptance of terms (“effective date”). The Driver and Let’s Go Bahamas is each referred to as a “Party” and jointly as the “Parties”.
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Let’s Go Bahamas. (“Let’s Go Bahamas,” “we,” “us” or “our”) governing your use of the Let’s Go Bahamas application, website, and technology platform (collectively, the “Let’s Go Bahamas Platform”).
By entering into to this Agreement, and/or by using or accessing the Let’s Go Bahamas platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the Let’s Go Bahamas Platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the Let’s Go Bahamas Platform. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Let’s Go Bahamas Platform
The Let’s Go Bahamas Platform provides a marketplace where persons seeking transportation to certain destinations (“Passengers”) are matched with public service drivers to or through those destinations (“Drivers”). These parties are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Let’s Go Bahamas Platform. Multiple vehicle owners should create one account per each car with its dedicated driver.
As a User, you authorize Let’s Go Bahamas to match you with a Passenger 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 Passengers 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 Passenger shall constitute a separate agreement between such persons.
- OBLIGATION OF PARTIES WHEREIN MOBILE INSTRUMENT PROVIDED:
- That, Let’s Go Bahamas shall not provide the Driver any mobile instrument/smartphone. The Driver shall bring his/her own device.
- That Let’s Go Bahamas shall not be liable for payment of any charges with respect to the data usage of mobile instruments of the Driver and phone calls or sms. The same shall be borne by the Driver alone.
- Let’s Go Bahamas may provide the driver with a Point of Sale machine (POS), which remains the property of SunCash.
- REPRESENTATION, WARRANTIES AND OBLIGATIONS
By providing Services as a Driver on the Let’s Go Bahamas Platform, you represent, warrant, and agree that:
- The Driver represents that he/she holds all valid documentation including a valid public service driving license, insurance documentation, etc. and owns or in possession of a vehicle which is in compliance with all the local and applicable rules, laws, regulations, etc. and that the Driver is legally allowed to drive the same and provide transportation services. In case where operating when a public service license is not available, Let’s Go Bahamas will give you up to two months to regularize.
- You own or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and government department of motor vehicle requirements for a vehicle of its kind.
- That the Driver undertakes to ensure that he/she has all valid permits, insurance-related paperwork, etc. in the vehicle at all times. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- The Driver also represents that he/she is in compliance with all laws and that he/she will continue to comply with the same and also agrees to comply with any laws, rules, etc. that may come into force during the term of this Agreement.
- The Driver warrants to Let’s Go Bahamas, that he/she will not cause or permit any activity in the provision of his services under this Agreement which is illegal or which would cause violation of any law.
- The Driver and/or owner also agrees to maintain his/her vehicle, at his/her own cost, so as to ensure that there is minimal to no breakdown of the vehicle and the Driver further agrees to keep the vehicle clean at all times and sanitized after every fare.
- The Driver assures Let’s Go Bahamas that he/she shall be smartly dressed at all times when picking up any User, who requested for services through the Let’s Go Bahamas application.
- You will not engage in reckless behaviors while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Let’s Go Bahamas community or third parties.
- The Driver shall agree and ensure that all the branding, stickers, and advertisement material provided by Let’s Go Bahamas for the vehicle is visible clearly.
- You will only provide Services using the vehicle that has been registered to, and approved by Let’s Go Bahamas, and for which a photograph has been provided to Let’s Go Bahamas, and you will not transport more passengers than can securely be seated in such vehicle.
- You will not attempt to defraud Let’s Go Bahamas or Passengers on the Let’s Go Bahamas Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the service(s) in question.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You will be expected to give at least five trips per day or one hundred trips per month and you may be reviewed against these targets.
- DURATION AND TERMINATION:
- That the present Agreement shall be valid until terminated by either party by giving prior notice to other party.
- By either Party immediately, without notice, upon the other Party’s breach of this Agreement.
- Breach: Let’s Go Bahamas reserves the right to terminate this contract with immediate effect in case of violation of terms and conditions of the Company.
- Let’s Go Bahamas reserves the right to deactivate you from the platform, should you continuously get poor unjustified ratings from passengers.
- Let’s Go Bahamas may terminate this Agreement or deactivate your User account immediately in the event:
- You no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation;
- You fall below Let’s Go Bahamas’s performance or star rating or cancellation threshold;
- Let’s Go Bahamas believes that such action is necessary to protect the safety of the Let’s Go Bahamas community or third parties; provided.
- For all other breaches of this Agreement, you will be given notice and an opportunity to amend the breach. If the breach is amended to Let’s Go Bahamas’s satisfaction, this Agreement may not be permanently terminated.
- Let’s Go Bahamas may assign this Agreement without prior written notice to the Driver.
- The Driver indemnifies and shall hold harmless, Let’s Go Bahamas, along with any of its employees, representatives, directors, agents, etc., from any action and any results of such action thereof, when such act is committed by the Driver, resulting in any and all losses, damages, liabilities, etc. towards the users or to other third parties, relating to or arising out of your use of the Let’s Go Bahamas Platform and participation in the Services, including:
- Your breach of this Agreement or the documents it incorporates by reference;
- Any allegation that any materials that you submit to us or transmit through the Let’s Go Bahamas Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- Your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
- 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.
The Driver and/or Owner shall not pursue a similar ridesharing platform agreement with any other party unless and until good faith negotiations have terminated between Let’s Go Bahamas and the User.
- SERVICE STANDARDS
- The Driver assures Let’s Go Bahamas that he/she shall perform his/her services with the highest standards.
- The Driver agrees to discuss and review the progress, status of the current assignment, on a regular basis as and when required by the Company.
- That Let’s Go Bahamas shall conduct periodic performance reviews of the Driver.
- GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of The Bahamas. Disputes arising in connection with the Agreement shall be subject to the exclusive jurisdiction of The Bahamas courts.
- Amendments: Any provision of this Agreement may be amended if and only if such amendment is in writing and is signed by both Parties.
- Severability: If any provision of this Agreement is held for any reason to be invalid or unenforceable the remaining provisions of this Agreement will be unimpaired.
- Independent Parties: This Agreement is on a “principal to principal” basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between the Parties.
- Entire Agreement: This Agreement including Exhibits attached to it represents the entire agreement between the Parties and supersedes all prior agreements and understandings (oral and written) with respect to the matters covered by this Agreement
By becoming a User, you represent and warrant that you are at least 25 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.
- DRIVER FARE
- You are entitled to a Driver Fare for each trip that you provide. The “Driver Fare” consists of a base fare amount plus incremental amounts based on the actual time and distance of the trip you provide, as measured by Let’s Go Bahamas. The applicable base fare and time and distance amounts for your market are shown in a rate card (the “Rate Card”) in your Driver dashboard.
- Additional Payments to You. In addition to the Driver Fare, you will receive the following payments, if applicable:
- Any tolls or surcharges we collect for remittance to you,
- Any damage charges we collect on your behalf, and
- Any bonuses or incentives you earn based on your provision of Services.
- Any cancellation fees
- Any tips provided by a passenger to you
- Adjustments and Settlement. Let’s Go Bahamas reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you.
- If it believes that you have attempted to defraud or abuse Passengers, Let’s Go Bahamas or Let’s Go Bahamas’s payment systems, or
- In order to resolve a Passenger complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Let’s Go Bahamas application when the trip was over).
Let’s Go Bahamas’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
- Passenger Charges. For each Trip, Let’s Go Bahamas will charge the Passenger an amount calculated or determined by Let’s Go Bahamas on your behalf (the “Passenger Charges”). Passenger Charges may be determined after the trip is completed based on the time and distance of the trip and the rates (a “Variable Charge”). Alternatively, Passenger Charges may be quoted in advance and fixed at the time of the trip request (a “Quoted Charge”). A Quoted Charge may differ from what the Variable Charge would have been for the same trip (as Variable Charges change depending on a number of dynamic factors). In either case, your payment for services shall be the Driver Fare as described above, plus any additional payments owed to you. Passengers may elect to add an additional tip to you on top of the Passenger Charges. The tip shall be paid entirely to you and shall be considered separate from the Passenger Charges. Unless we indicate to you otherwise, for each trip, the Passenger Charges includes the Driver Fare, applicable tolls, fees retained by us (including the Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable airport fees, or any local fees, surcharges or taxes imposed on the provision of Services that Let’s Go Bahamas is required by law or agreement to collect and remit to third parties.
- Let’s Go Bahamas Fees. In exchange for your use of the Let’s Go Bahamas Platform and the services provided by Let’s Go Bahamas to you, you agree to pay Let’s Go Bahamas (and permit Let’s Go Bahamas to retain) a service fee (“Service Fee”) and platform fee (“Platform Fee”) based on each trip you provide. The Service Fee shall be a set amount for each trip as set forth on the applicable Rate Card (if available) or at the time of the trip.
- The Platform Fee shall be a variable amount for each trip and shall equal the Passenger Charges for the trip minus:
- The Driver Fare,
- Any tolls or surcharges we collect for remittance to you,
- The Service Fee,
- Any Third Party Fees that Let’s Go Bahamas collects,
- Any bonuses or incentives you earn based on your provision of Services, and
- Any cancellation fee due to you
In the event of a trip where the combination of above is greater than the Passenger Charges, no Platform Fee will be charged to you for that ride. In such cases, any excess amounts that you receive will be shown as an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Let’s Go Bahamas) based on the location of the pick-up or drop-off of the trip, and any split passenger payment fee (if applicable). For your convenience, Let’s Go Bahamas may collect the Service Fee, event fees, or any split payment fees as applicable from Passengers on your behalf to offset your payment of such fees to Let’s Go Bahamas.
- PAYMENT AND PROCESSING.
- As a Driver, you will receive payment for your provision of Services.
- SunCash provides Let’s Go Bahamas Payment processing services. By using the Let’s Go Bahamas Platform to receive payment proceeds, you agree to be bound by these Terms, which may be modified from time to time. As a condition of Let’s Go Bahamas enabling payment-processing services through SunCash, you authorize Let’s Go Bahamas to obtain all necessary access and perform all necessary activity on your SunCash Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Let’s Go Bahamas. You further agree to provide accurate and complete information about you and your business and authorize Let’s Go Bahamas to share it and transaction information with SunCash for the purposes of facilitating of the payment processing services provided.
- Let’s Go Bahamas reserves the right to switch payment-processing vendors in its discretion.
- PROMOTIONS AND COUPONS.
- Let’s Go Bahamas may, at its discretion, offer promotional or other Coupons to Passengers, however, such discounts shall not impact the Driver Fare or any other payments owed to you. You agree that Let’s Go Bahamas may sell passes or subscriptions (each, a “Trip Pass”) on your behalf to generate additional leads for your Services. Trip Passes entitle Passengers to receive discounted or capped fares for qualifying trips (subject to certain limitations, terms, and conditions).
- When a Passenger uses a Trip Pass to receive a qualifying trip, Let’s Go Bahamas will use the Trip Pass payment in satisfaction of the trip total Charges subject to the terms and conditions of the Trip Pass.
- Your payment for Services arranged with a Trip Pass will be determined based on the Driver Fare for the trip as provided in this Driver agreement.
- In the event that Trip Pass collections from a Passenger exceed qualifying trip Charges (if any), you agree that as between you and Let’s Go Bahamas, and to the extent permitted by law, Let’s Go Bahamas may retain such excess amounts in consideration for Let’s Go Bahamas’s sales and marketing of Trip Passes.
- No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Let’s Go Bahamas and its Affiliates may seek to generate additional demand for your Services from new and existing Passengers. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Driver Addendum.
- LET’S GO BAHAMAS COMMUNICATIONS.
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 Let’s Go Bahamas, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Let’s Go Bahamas Platform or Services, updates concerning new and existing features on the Let’s Go Bahamas Platform, communications concerning promotions run by us or our third-party partners, and news concerning Let’s Go Bahamas and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
- YOUR INFORMATION.
- Your Information is any information you provide, publish or post to or through the Let’s Go Bahamas Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Let’s Go Bahamas-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Let’s Go Bahamas Platform and participate in the Services.
- RESTRICTED ACTIVITIES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, national or provincial regulations, rules, laws, or local practices;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- For sexual harassment of any form
- To submit false or misleading information;
- Interfere with or disrupt the Let’s Go Bahamas Platform or the servers or networks connected to the Let’s Go Bahamas Platform;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related application, website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related application, website, other websites, or the Internet.
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- “Frame” or “mirror” any part of the Let’s Go Bahamas Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- Modify, adapt, translate or any portion of the Let’s Go Bahamas Platform or any software used on or for the Let’s Go Bahamas Platform;
- Rent, lease, lend, sell, redistribute, license or sublicense the Let’s Go Bahamas Platform or access to any portion of the Let’s Go Bahamas Platform;
- Transfer or sell your User account, password and/or identification to any other party
We reserve the right to terminate your use of the Service or any related application or website for violating any of the prohibited uses.
- INTELLECTUAL PROPERTY
- All intellectual property rights in the Let’s Go Bahamas Platform shall be owned by Let’s Go Bahamas 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 Let’s Go Bahamas 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 Let’s Go Bahamas. Let’s Go Bahamas 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.
- LET’S GO BAHAMAS and other Let’s Go Bahamas logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks of Let’s Go Bahamas in The Bahamas and/or other countries (collectively, the “Let’s Go Bahamas Marks”). (“License”). The Let’s Go Bahamas Marks may not be used in any manner that is likely to cause confusion.
- You acknowledge that Let’s Go Bahamas is the owner and licensor of the Let’s Go Bahamas Marks, including all goodwill associated therewith, and that your use of the Let’s Go Bahamas Marks will confer no additional interest in or ownership of the Let’s Go Bahamas Marks in you but rather to the benefit of Let’s Go Bahamas.
The following disclaimers are made on behalf of Let’s Go Bahamas, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
- Let’s Go Bahamas does not provide transportation services, and Let’s Go Bahamas is not a transportation carrier. Let’s Go Bahamas is not a common carrier or public carrier. It is up to the Passenger to decide whether or not to accept a trip from any Driver contacted through the Let’s Go Bahamas Platform. We cannot ensure that a Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk.
- The services delivered to you through the platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Let’s Go Bahamas, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- 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 Let’s Go Bahamas Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
- Let’s Go Bahamas is not responsible for the conduct, whether online or offline, of any User of the Let’s Go Bahamas Platform or Services. You are solely responsible for your interactions with other Users. We do not insure, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Let’s Go Bahamas Platform and participating in the Services, you agree to accept such risks and agree that Let’s Go Bahamas is not responsible for the acts or omissions of Users on the Let’s Go Bahamas Platform or participating in the Services.
- You are responsible for the use of your User account and Let’s Go Bahamas expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized use or you suspect any other breach of security, you agree to notify us immediately.
- We are not responsible for the use of any personal information that you disclose to other Users on the Let’s Go Bahamas Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
- Location data provided by the Let’s Go Bahamas Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed. Neither Let’s Go Bahamas, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Let’s Go Bahamas Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Let’s Go Bahamas Platform may be accessible to Let’s Go Bahamas and certain Users of the Let’s Go Bahamas Platform.
- Let’s Go Bahamas advises you to use the Let’s Go Bahamas Platform with a data plan with unlimited or very high data usage limits, and Let’s Go Bahamas shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Let’s Go Bahamas Platform.
- LIMITATION OF LIABILITY
In no event will Let’s Go Bahamas, including our respective officers, directors, employees, agents, or shareholders (collectively “Let’s Go Bahamas” 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 Let’s Go Bahamas platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Let’s Go Bahamas 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 Let’s Go Bahamas platform may be used by you to request and schedule transportation, goods, or other services with third-party providers, but you agree that Let’s Go Bahamas 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.
- You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Let’s Go Bahamas’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 Let’s Go Bahamas for your own use or for any purpose other than as agreed 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 Let’s Go Bahamas in order to prevent it from falling into the public domain.
- RELATIONSHIP WITH LET’S GO BAHAMAS
As a Driver on the Let’s Go Bahamas Platform, you acknowledge and agree that you and Let’s Go Bahamas are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Let’s Go Bahamas expressly agree that:
- This is not an employment agreement and does not create an employment relationship between you and Let’s Go Bahamas; and
- No joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Let’s Go Bahamas, and you undertake not to hold yourself out as an employee, agent or authorized representative of Let’s Go Bahamas.
Let’s Go Bahamas 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 utilise the Let’s Go Bahamas Platform. You retain the option to accept or to decline or ignore a Passenger’s request for Services via the Let’s Go Bahamas Platform, or to cancel an accepted request for Services via the Let’s Go Bahamas Platform, subject to Let’s Go Bahamas’s then-current cancellation policies.
- OTHER TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- We may also, in the future, offer new services and/or features through the platform (including, the release of new tools and resources) at no additional fee. Such new features and/or services shall also be subject to these Terms of Service.