By clicking on the “Accept and Proceed” button, you acknowledge that you have read these customer terms (“Customer Terms”) and agree to be bound by them.
Please ensure that you have read all of these Customer Terms before you start using the Application, as you will be bound by these Customer Terms when you click “Accept”.
If you do not agree with any of these Customer Terms, you must immediately cease accessing and using the application and the services being provided under these Customer Terms.
Your acceptance of these Customer Terms will operate as a binding agreement between you and Amber On Time Jamaica in respect of your use of the Application, the Booking Services and Services (each as defined below), and you remain bound by these Customer Terms as long as you continue to use the Application, the Booking Services and/or the Services.
Background
The Application contains booking functionality which enables You to book Rides Services from Amber On Time Jamaica. Amber On Time Jamaica provides:
These Customer Terms apply to Your access to, and use of, the Application (whether through a mobile phone or other electronic device), the Website, the Services and all information, recommendations and other products and services provided to You on or through the Application.
The Parties Agree as Follows
1. Definitions and Interpretation
Unless the context requires otherwise, capitalised terms in these Customer Terms have the following meaning:
Interpretation
2. Two-Factor Authentication (2FA) with One-Time Passcode (OTP)
By using our services, you consent to the implementation of a one-time Two-Factor Authentication (2FA), which may involve receiving a one-time passcode via SMS, email, or app to verify your identity and protect your account.
3. Registration and Usage
To receive Booking Services and access the Application, You must:
Standard charges (e.g., mobile data) may apply and are Your responsibility.
You are solely responsible for your login credentials and any activity in your Account.
If your Device is lost or your Account compromised, you must notify Amber On Time immediately.
We may suspend Services for reasons including false data, security risk, or breach of these terms.
We may modify or suspend the App or Services to:
4. Services
Booking Services
When you request a booking ("Booking Services Request") through the Application:
Amber On Time Jamaica reserves the right to accept or reject any Booking Services Request based on driver availability, accessibility, or other valid reasons.
5. Booking Confirmation
6. Payment
Total Ride Fee
6.1. You understand that You will be charged the Total Ride Fee and You must pay the Total Ride Fee and any tax that may be applicable. Amber On Time collects the Total Ride Fee on behalf and as agent of Amber On Time Jamaica.
Additional Costs
6.2. Subject to clause 10, Amber On Time Jamaica reserves the right to charge You any reasonable costs required to clean or repair the Vehicle that are attributable to You during a Ride (“Additional Costs”), and You shall be responsible for the cost of such repair or cleaning. Amber On Time will collect payment for such costs on behalf and as agent of Amber On Time Jamaica.
Amber On Time Jamaica shall only charge You the Additional Costs in the event that a Driver reports the need for repair or cleaning, and such request has been verified by Amber On Time Jamaica in its reasonable discretion. Amber On Time reserves the right to facilitate payment for verified Additional Costs using Your designated payment method.
6.3. Payment of the Total Ride Fee and any Additional Costs shall be considered the same as payment made directly by You to Amber On Time Jamaica. These payments will be facilitated by a payment gateway or processing service (“Payment Processor”) appointed by Amber On Time.
6.4. You will be required to provide your credit/debit card details (“Card Details”) to the Payment Processor. You authorize the Payment Processor to:
6.5. Amber On Time Jamaica shall issue invoices to You for the Services and any applicable Additional Costs.
6.6. Subject to clause 7.2, payments made by You are final and non-refundable unless otherwise determined by Amber On Time Jamaica. Refunds, where applicable, will be processed by Amber On Time on behalf of Amber On Time Jamaica in line with Applicable Law.
6.7. (Intentionally left blank)
6.8. Payment issues not caused by the Application must be resolved between You and the Payment Processor.
6.9. Use of Promo Codes may affect charges. Such changes will only apply if Promo Codes are specifically assigned to You.
6.10. If You fail to pay any amount due:
7. Cancellation and Early Termination of a Ride
7.1. You may cancel a Ride request at any time. However, a Cancellation Fee may apply as per the cancellation policy.
7.2. Amber On Time Jamaica may cancel a Ride after a Booking Confirmation but before pickup due to conditions like weather, traffic, or road issues. You will be informed via the App and efforts will be made to find another Driver. No Cancellation Fee applies in this case.
7.3. The App will inform You of any applicable Cancellation Fee at the time of cancellation. Fees will be processed in accordance with clause 6.
7.4. Amber On Time Jamaica may terminate a Ride after it starts if an accident, breakdown, or safety issue arises. In such cases, You will be notified, and Amber On Time Jamaica will try to assign another Driver.
8. Tax
8.1. Terms used in this section that are not otherwise defined shall carry meanings from Tax Law.
8.2. All amounts payable for Services are subject to applicable tax, unless otherwise stated.
8.3. Amber On Time Jamaica shall issue tax invoices for Services and Additional Costs as per clause 6.2.
9. Behaviour
9.1. While providing the Services, the Driver may request You to refrain from:
9.2. If You breach clause 9.1, Amber On Time may suspend Services or access to Your Account immediately.
10. Feedback, Issues and Complaints
10.1. You may rate a Ride after its conclusion, and You must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Drivers or the Services.
10.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services should be notified to Amber On Time Jamaica via e-mail, through the Application or by contacting its call centre.
10.3. You must report any issue with the Application or Services as soon as possible after the issue occurs, so that Amber On Time may address it promptly.
10.4. Amber On Time Jamaica will endeavour to respond within 2 (two) Business Days of the issue being reported. Issues may be prioritised depending on seriousness. While Amber On Time Jamaica is under a legal duty to provide services in conformity with the contract, not all issues may be resolvable.
10.5. If You forget or lose any luggage or property in a Vehicle during a Ride, You should contact the Driver directly through the Application or contact Amber On Time Jamaica within 24 (twenty-four) hours. Amber On Time Jamaica will try to locate the items and notify You regarding collection. Delivery will not be provided unless otherwise agreed by Amber On Time Jamaica. Amber On Time is not liable for any loss or damage to personal effects or luggage.
11. Privacy
11.1. Amber On Time collects, stores, processes and transfers personal information (including sensitive personal and location information) in compliance with its Privacy Policy and all applicable data protection laws and regulations.
12. Intellectual Property Rights
12.1. The Application and all associated intellectual property rights (“Amber On Time IP”) remain the property of Amber On Time or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants You any rights in or related to Amber On Time IP.
12.2. You must not:
12.3. Subject to compliance with these terms, You are granted a limited, non-exclusive, non-transferable licence to use and access the Application on Your own Device for personal use and payment processing.
12.4. You are responsible for all content posted or transmitted through the Application or Your Device (“Your Content”), including:
You must not:
12.5. Amber On Time has no obligation to monitor Your Content or access to the App, but may do so to:
12.6. Except for registration or required usage data (“Permitted Information”), You must not send confidential or proprietary data. Except where stated in the Privacy Policy, any other content You provide will not be treated as confidential.
13. Indemnity
13.1. To the maximum extent permitted by law, You will indemnify and hold harmless Amber On Time Jamaica, Amber On Time and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“Indemnified Parties”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including reasonable legal fees) incurred by the Indemnified Parties arising out of or in connection with any:
14. Liability
14.1. Nothing in these Customer Terms excludes or limits Amber On Time’s liability for death or personal injury arising from negligence, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Applicable Law. Nothing in these Customer Terms affects Your statutory rights.
14.2. Subject to clause 14.1, and to the extent permitted by law, Amber On Time shall not be liable for:
14.3. The Services are provided "as is" and "as available", and Amber On Time does not guarantee their availability or suitability. Delays or failures caused by events beyond control are not the responsibility of Amber On Time.
14.4. These limitations apply regardless of how liability arises.
14.5. Subject to clause 14.1, Amber On Time’s total liability will not exceed twice the value of the Total Ride Fee in respect of a Ride.
14.6. Nothing in this clause excludes liabilities which may not be lawfully limited.
15. Force Majeure
15.1. A delay or failure by a Party to perform obligations under these terms will not constitute a breach to the extent that the failure is due to causes beyond that Party’s control, including but not limited to government acts, pandemics, natural disasters, war, or riots (“Force Majeure”).
16. Termination
16.1. These Customer Terms remain in effect until terminated.
16.2. You may terminate by closing Your Account or uninstalling the Application.
16.3. Amber On Time may terminate with immediate effect if:
16.4. Upon termination:
16.5. The following clauses will survive termination: 11 (Privacy), 12 (IP Rights), 14 (Liability), 17 (Notice), 21 (Amendments), and any others by nature.
16.6. Termination will not affect any rights accrued prior to termination.
17. Notice
Any notices under these Terms must be in writing and sent:
18. Entire Agreement
18.1. These Customer Terms represent the entire agreement between the Parties and supersede all prior communications related to its subject matter.
18.2. No Party has relied on any statement not included in these Terms, except in cases of fraud.
19. Relationship of the Parties
Nothing in these Customer Terms is intended to constitute a fiduciary relationship or an agency, joint venture, partnership, employment or trust between You, Amber On Time Jamaica and/or Amber On Time as a result of use of the Services.
20. Governing Law and Dispute Resolution
20.1. Any dispute arising out of or in connection with these Customer Terms (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration. The arbitration shall be:
20.2. These Customer Terms will be governed by and construed in accordance with the laws of Jamaica.
21. Amendments to These Customer Terms
21.1. Amber On Time may amend these Customer Terms and shall keep You updated regarding such amendments.
21.2. You will be required to confirm Your acceptance of the amendments referred to in clause 21.1. However, if You do not agree to any such amendments, You may terminate these Customer Terms in accordance with clause 16.2 at any time prior to such amendments coming into effect.
22. Miscellaneous
22.1. Assignment
You may not assign or transfer any of Your rights, interests or obligations under these Customer Terms to any third party without the prior written consent of Amber On Time and/or Amber On Time Jamaica. Amber On Time may assign its rights and interests under these Customer Terms to any person whosoever. We will let You know if we plan to do this.
22.2. Waiver
Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.
22.3. Severability
Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
22.4. Rights Cumulative
Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.
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