Effective from 28 Nov 2024
CUSTOMER TERMS
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. Youracceptance of these Customer Terms will operate as a binding agreement between you, 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: (i) Booking Services to enable You to book Rides on the Application
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:
“Account” means the account created by You on the Application.
“Additional Costs” has the meaning given to that term in clause 6.2.
“Additional Fee” means any toll, duty, taxes, levies or similar fees or charges that are not
included in the Fare but are (a) incurred during a Ride to any third party (including government
agencies and regulatory authorities) under any Applicable Laws in connection with the Ride; and
(b) are of a type approved by Amber On Time.
“Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgements applicable from time to time.
“Application” means the “Amber On Time” software application and programmes provided by Amber On Time to You subject to these Customer Terms.
“Booking Confirmation” means the booking confirmation provided by Amber On Time Jamaica to You when a Captain has been found for Your Booking Services Request in accordance with clause 4.5(ii) and as further specified in clause 5.
“Booking Services” shall mean such services provided by Amber On Time Jamaica which allows You to select and book Rides for Yourself or on someone else’s behalf on the Application and which are more fully described under clause 4 of these Customer Terms.
“Booking Services Request” has the meaning set out in clause 4.1.
“Device” has the meaning set out in clause 3.1(iii).
“Captain” means the individual licensed driver (who may be an Agent) that provides taxis and that operates the Vehicle for the performance of Rides.
“Fare” means the amount specified on the Application payable for the specific Ride provided to You.
“Privacy Policy” means the privacy policy available on the Application or on the Privacy Policy, as amended by Amber On Time from time to time.
“Promo Code” has the meaning set out in clause 4.9.
“Registration Data” means Your name, email address, telephone number and other information (including personal data) and any other eligibility data communicated from time to time, that You provide to Amber On Time for registering on the Application and for availing of the Services. “Ride” means the travel in the vehicle arranged for You using the Booking Services.
“Services” means:
(i) the Booking Services;
(ii) the provision of the Application, which facilitates the Booking Services accessed through
the Application or via an offline mode including SMS, in the jurisdiction where You receive the
Transport Services; and
(iii) the Transport Services.
“Total Ride Fee” means the Fare, any Cancellation Fee and/or any Additional Fee (including peak
prices and/or tolls payable to third parties (if applicable)) specified on the Application.
“Vehicle” means a motor vehicle or a private hire vehicle operated by the Driver, for the
carriage of passengers.
“You / Your” means you, the user of the Application, the Services and the Booking Services.
“Your Content” has the meaning given in clause 12.4.
2.INTERPRETATION
Unless the context requires otherwise, in these Customer Terms:
(i) the singular includes the plural and vice versa;
(ii) the words ‘such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are
not used as, nor are intended to be, interpreted as words of limitation;
(iii) a reference to:
(a) a person includes an individual, partnership, joint venture, trust, corporation or
any other entity or association whether or not it is incorporated or has a separate
legal identity;
(b) a Party includes that Party’s executors, administrators, successors, and
permitted substitutes and assigns, including any person taking by way of novation;
(c) “USD” or “JMD” is to the lawful currency of the Jamaica
(d) anything (including a right, obligation or concept) includes each part of it;
(iv) in determining the time of day, the relevant time of day is the time in the jurisdiction
where
You obtain a Ride from a Driver;
(v) if a period of time is calculated from a particular day, act or event (such as the giving of
a notice), it is to be calculated exclusive of that day, or the day of that act or event; and
(vi) no rule of construction applies to the disadvantage of a Party because that Party was
responsible for the preparation of these Customer Terms or any part of them
3. REGISTRATION AND USAGE
3.1. In order to receive the Booking Services and the Application,
You must:
i) be competent to enter into a contract under Applicable Laws, and You must provide Amber
On Time with accurate, complete, current, valid and true Registration Data;
(ii) open one Account using Your Registration Data, and not use the account of any
other person;
(iii) download the Application onto Your own electronic device, which must have a functioning
mobile number, data network and the ability to read text messages (SMS) and push
notifications from the Application, and meet the minimum device requirements for optimum
functionality of the Application (“Device”). It is Your responsibility to check to ensure that
You
download the correct version of the Application for Your Device;
(iv) use the Application solely in accordance with these Customer Terms and all
Applicable Laws, and not use the Services for any illegal or unlawful purposes;
(v) use the Services for Your sole, personal use, and not transfer, sell, sub-license or
assign them to a third party. In the event that You request the Booking Services for another
individual, You shall be solely liable for any breach of these Customer Terms by such other
individual;
(vi) not allow persons under the age of legal majority to receive the Booking Services unless
they are accompanied by You;
(vii) not do or try to do anything to interfere with or harm the Application, the Booking
Services, the network of Amber On Time or any of its Affiliates in any way whatsoever;
(viii) provide such information and documents which Amber On Time and/or its Affiliates may
reasonably request from time to time, and promptly notify Amber On Time Jamaica and/or its
Affiliates (as applicable) of any change to any of Your Registration Data or other information
provided; and
(ix) use an authorised telephone or internet network to access and use the Application.
3.2. When using the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider. These charges are Your responsibility.
3.3. You are solely responsible for maintaining the confidentiality of Your Registration Data and
Application login credentials.
Because Your Registration Data and Application login credentials are how Amber On Time verify
that You are using the Application,
You will be liable for all actions, inactions, activities and transactions, and any other use or
misuse of the Application, that occurs through Your Account (whether initiated by You or any
third party).
3.4. If the Device is lost or stolen, You must notify Amber On Time immediately.
3.5. You must also notify Amber On Time immediately if You cannot access Your Account, You know of or suspect any unauthorised access or use of Your Registration Data, login credentials or Account, or the security of Your Account has been compromised in any way.
3.6. Amber On Time may immediately suspend the Services and/or Your use of the Application
(including Your Account) if it has a reason to believe that:
(i) the Registration Data or any other information provided by You is false or outdated;
(ii) the security of Your Account has been compromised in any way; or
(iii) You have not complied with any of the requirements in this clause 3.
3.7. Amber On Time may block, suspend, alter or update the Application, the Booking Services at
any time via the Application:
(i) to make improvements to the Application
and/or the Services (including the security of the Application and/or the Services);
(ii) as required by Applicable Law; or
(iii) to protect a legitimate business interest. If this is not acceptable to You, You
may always terminate these Customer Terms in accordance with clause 16.2.
4. SERVICES
Booking Services
4.1. The Application allows You to send a request to book a Vehicle for a Ride (a “Booking
Services
Request”). You may book a Vehicle using the Application if one is available near You / Your
location.
Once You have made a Booking Services Request:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is
active), and the Application is active;
(ii) the Application will send Your Booking Services Request to Amber On Time Jamaica;
(iii) Amber On Time Jamaica will notify You that Your Booking Services Request is being
processed; and
(iv) Amber On Time Jamaica will use its reasonable endeavours to find a Driver for Your Booking
Services Request and where Amber On Time Jamaica successfully finds a Driver to perform Your
Ride, Amber On Time Jamaica will notify You that Your Booking Services Request has been
accepted.
4.2. The Booking Services provided through the Application shall include:
(i) Accepting or rejecting Booking Services Requests;
(ii) Identifying Drivers to provide Rides;
(iii) Keeping records of the Booking Services Requests;
(iv) Remotely monitoring trips booked using the Application;
(v) Receiving and dealing with feedback, questions and complaints relating to bookings
accepted by Amber On Time Jamaica; and
(vi) Providing customer support for grievances; in each case in accordance with any relevant
provision of Applicable Laws. Pursuant to, and for the purposes of Applicable Laws, Amber On
Time Jamaica accepts Booking Services Requests at its registered address and/or operating
centres and
is subject to all statutory and regulatory obligations and liabilities with respect to that
activity.
4.3. Amber On Time Jamaica will only accept Your Booking Services Request once a Driver has been found to provide Your Ride. The acceptance of Your Booking Services Request is subject to the availability of a Driver around Your location at the time of Your request, inaccessibility of Your location, or a traffic accident or breakdown of the Vehicle for some other reason (and Amber On Time may accept or reject the request for a Ride contained in Your Booking Services Request in its sole and absolute discretion).
5. BOOKING CONFIRMATION
5.1. Where Your Booking Services Request has been accepted by Amber On Time Jamaica and Amber On Time Jamaica has sent You a Booking Confirmation, You must check the booking details on the Booking Confirmation, including the pick-up time and location. In any event, You may be able to change Your pick-up location by re-entering the correct location if the new location is less than 500 meters away from the previously entered location. In any other case, if the pick-up time or location is wrong, You will have to cancel Your booking in accordance with clause 7.1 and submit another Booking Services Request with the correct time and location details.
5.2. You are responsible for any delay that may be caused due to Your failure to check the Booking Confirmation or failure to contact Amber On Time Jamaica immediately to correct the booking details.
5.3. You must enter all requested waypoints and Your destination within the Application, including any changes that You want to make to these whilst in the trip. The Driver will not take You to any destination or waypoint that You have not entered within the Application. In case You change your destination during an ongoing trip, the Driver may at his discretion refuse to continue the trip to the new destination.
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 repair or cleaning request
has been verified by Amber On Time Jamaica in Amber On Time Jamaica’s reasonable discretion.
Amber On Time reserves the right to facilitate payment for any such verified Additional Costs
using Your payment method designated in Your Account on behalf of and as agent for Amber On Time
Jamaica.
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 for the provision of the Services and such payments will be facilitated by a payment gateway and/or payment processing services provider appointed by Amber On Time (the “Payment Processor”). The Payment Processor may be Amber On Time , one of its related bodies corporate, an unrelated third party or any party subcontracted by Amber On Time for this purpose.
6.4. You will be required to provide relevant payment details including credit/debit card details
(“Card Details”) to the Payment Processor in order for Amber On Time to process payment of the
Total Ride Fee and any Additional Costs, and You hereby authorise the Payment Processor to do
so.
i) permits the Payment Processor to debit or credit the bank account or debit/credit card
account associated with Your payment details;
(ii) permits the Payment Processor to use Your Card Details for the processing of
transactions initiated by You or via Your Account;
(iii) will remain in effect as long as You maintain an Account (and if You delete Your Card
Details or Account, Amber On Time and the Payment Processor will not be able to process any
further transactions initiated by You); and
(iv) is subject to any other terms and conditions of the Payment Processor specified through
the Application, SMS or other methods from time to time.
6.5. Amber On Time Jamaica shall issue invoices to You for the Transport Services provided to You and any Additional Costs payable pursuant to clause 6.2.
6.6 Subject to clause 7.2, the Total Ride Fee paid by You is final and non-refundable, unless otherwise determined by Amber On Time Jamaica. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You by Amber On Time on behalf of Amber On Time Jamaica in accordance with and subject to Applicable Law. You may contact Amber On Time and/or its Affiliates for any issues arising therefrom.
6.7 Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
6.8. You agree that use of certain Promo Codes may result in different charges for the same services and shall not have a bearing on charges applied to You unless the Promo Codes have been specifically made available to You.
6.10. In the event of a default or failure to pay the Total Ride Fee for any reason by You:
(i) Amber On Time Jamaica may restrict You from making a Booking Services Request through the
Application until the outstanding Total Ride Fee in respect of the previous Ride(s) has been
paid by You;
(ii) You agree and acknowledge that Amber On Time Jamaica may, or Amber On Time (or third party
service providers on its behalf) may,as agent of Amber On Time Jamaica, recover any outstanding
money payable by You for Ride(s) in respect of which
the relevant Total Ride Fee has not been paid; and
(iii) You will be responsible, and must pay, for all costs incurred by Amber On Time Jamaica and
Amber On Time (including costs for which Amber On Time may be contingently liable) in any
attempt to collect any monies owed by You to Amber On Time Jamaica under these Customer Terms
including
debt collection agent costs, repossession costs, location search costs, process server costs and
attorney costs on a attorney/client basis.
7. CANCELLATION AND EARLY TERMINATION OF A RIDE
7.1. You may cancel Your request for a Ride from a Driver at any time, however, subject to clause
7.2, You may be charged a Cancellation Fee according to our cancellation policy
7.3. Amber On Time Jamaica may cancel a Ride after a Booking Confirmation has been provided to You, but before a Ride has commenced. This will only happen if a Driver requests the cancellation of that Ride before collecting You at the requested pick-up location due to adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents which are outside of the Driver’s reasonable control (both when such conditions prohibit a Driver from performing a Ride, and/or impact the Driver’s ability to perform the Ride within a reasonable time). Amber On Time Jamaica shall promptly inform You of such cancellation using the Application and use its reasonable endeavours to find an alternative Driver for Your Booking Services Request. You are able to cancel Your request for a Ride at any time in accordance with clause 7.1. You will not be charged a Cancellation Fee where Your Ride has been cancelled by Amber On Time Jamaica in accordance with this clause
7.4. You will be notified of Your liability for any Cancellation Fee through the Application at the time You attempt to cancel Your Booking Services Request, and any Cancellation Fee payable by You will be processed by Amber On Time , as agent of Amber On Time Jamaica, in accordance with clause 6.
7.5 Amber On Time Jamaica may only terminate a Ride once it has commenced if a motor vehicle accident, a breakdown involving the Vehicle or a safety concern takes place during a Ride. Amber On Time Jamaica may inform you of this cancellation via the Application or via its staff or agents. In the event of such termination, Amber On Time Jamaica will use its reasonable endeavours to find an alternative Driver for Your Booking Services Request.
8. Tax
8.1. Words and expressions used herein which are not defined in the Customer Terms but which have a defined meaning in Tax Law, have the same meaning as in the Tax Law.
8.2. Unless otherwise specified, all amounts payable by You for the Services will be subject to applicable tax in accordance with the Law, as amended from time to time.
8.3. Amber On Time Jamaica shall issue such tax invoices to You for the Services and any Additional Costs payable pursuant to clause 6.2.
9. BEHAVIOUR
9.1. While providing the Services, the Driver may require You to not smoke or consume any alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract the Driver, act in accordance with Applicable Laws, or otherwise act in any way which a Driver (acting reasonably) considers will risk the safety of You, the Driver or any other person in the Vehicle or on the roads.
9.2. If You breach clause 9.1, Amber On Time may immediately suspend the Services and/or Your use of the Application (including Your Account).
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 or communicated to Amber On Time Jamaica through the Application or by contacting its call centre.
10.3. You must report any issue You have with the Application or Services to Amber On Time Jamaica as soon as possible of the relevant issue occurring, so that Amber On Time may address such issue promptly.
10.4. Amber On Time Jamaica will endeavour to respond to You within 2 (two) Business Days after You report an issue. Amber On Time Jamaica notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritised over others. Amber On Time Jamaica is under a legal duty to provide the Services in conformity with this contract but may not be able to resolve all issues.
10.5. If You forget or lose any luggage or property in a Vehicle during a Ride, you should either contact the Driver directly through the Application, or contact Amber On Time Jamaica as soon as possible (and in any event within 24 (twenty-four) hours), and Amber On Time Jamaica will try to locate the items. If Your luggage or property is found, Amber On Time Jamaica will contact You and advise You of how You will be able to collect Your luggage or property. Unless otherwise agreed (in Amber On Time Jamaica’s sole and absolute discretion), Amber On Time Jamaica will not deliver any luggage or property items to You. In no event will Amber On Time be liable for any loss or damage to Your personal effects and luggage.
11. PRIVACY
11.1. Amber On Time collects, stores, processes and transfers personal information (including sensitive personal , location information) in compliance with the Privacy Policy and any applicable statutes and regulations relating to the protection of personal data.
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 the Amber On Time IP, and all rights not expressly granted to You are reserved by Amber On Time .
12.2. You must not:
(i) reverse engineer, decompile or otherwise endeavour to obtain the source code in the
Application (save to the extent that You cannot be prohibited from so doing under applicable
law);
(ii) copy, reproduce, modify, create derivative works or attempt to derive the composition or
underlying information, structure or ideas of, any Amber On Time IP;
(iii) breach, disable, tamper with, or develop or use (or attempt) any workaround for any
security measure provided in the Application;
(iv) use any Amber On Time IP in a way that infringes or misappropriates a third party’s
intellectual
property rights or moral rights;
(v) distribute, disclose or allow use of any Amber On Time IP by any third party in any format,
through
any time-sharing service, service bureau, network or by any other means;
(vi) merge or combine any Amber On Time IP with any other technology not provided by Amber On
Time;
(vii) remove any proprietary notice language on any copies of any Amber On Time IP; or
(vii) resort to any fraudulent activity on the Application or Website.
12.3. Subject to Your compliance with these Customer Terms, Amber On Time Jamaica grants You a limited, non-exclusive, personal, non-transferable licence during the term of these Customer Terms to use and access the Application on any Device that You own or control and to run the Application with your use of the Services solely for Your own personal use (including for the processing of Your payments).
12.4. You are solely responsible for any notes, messages, e-mails, billboard postings, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other materials or
information
posted or transmitted through the Application or Device by or on Your behalf (“Your Content”).
You must ensure that Your Content is not unlawful and does not infringe any third party’s rights
(including intellectual property rights), and You must not:
(i) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous,
invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or
otherwise unlawful material or information, or any material relating to or encouraging money
laundering or gambling;
(ii) upload files that contain software or other material protected by intellectual property
laws
(or by rights of privacy or publicity) unless You own or control the rights thereto or have
received all necessary consents;
(iii) upload files that contain viruses, corrupt files, or any other similar software or
programs
that may damage the operation of another computer or electronic device;
(iv) except as expressly permitted by Amber On Time, advertise or offer to sell or buy any goods
or services for any business purpose;
(v) conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi) download any file posted by another user that You know, or reasonably should know,
cannot be legally distributed in such manner;
(vii) falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
(viii) deceive or mislead the
addressee about the origin of a message or communicate any information which is grossly
offensive or menacing in nature;
(ix) restrict or inhibit any other user (including Drivers and
other customers) from using and enjoying the Application; or
(x) harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
12.5. Amber On Time has no obligation or policy to monitor Your access to or use of the Application, or Your Content, but You hereby provide Your consent for Amber On Time to do so, to the extent permitted by Applicable Law, for the purpose of providing and operating the Application and enabling Amber On Time Jamaica to provide the Services, or to improve the Application or the Services from time to time, or, to ensure Your compliance with these Customer Terms, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other government body. Amber On Time may, however, investigate and prosecute (and refer to law enforcement agencies) any actual or suspected breach of clause 12.4 by You to the fullest extent permitted by Applicable Law. Amber On Time may at any time and without prior notice remove or disable access to any of Your Content which Amber On Time considers (acting reasonably) to be in violation of these Customer Terms.
12.6. Except for the Registration Data or any other data submitted by You during the use of the Service (“Permitted Information”), You should not send any confidential or proprietary information to Amber On Time (whether on the Application or otherwise). Except for the Permitted Information, and subject to Amber On Time handling Your personal information in accordance with the Privacy Policy, any of Your Content will not be considered confidential or proprietary.
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:
(i) breach by You of any Applicable Law;
(ii) misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You;
(iii) personal injury (including sickness and death) or property damage caused or contributed
to by You in connection with any Ride (including in connection with any motor vehicle
accident involving the Vehicles); or
(iv) claim by a Driver or any other third party caused by any of Your acts or omissions.
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, to the extent permitted by applicable law, Amber On Time shall not
be liable to You in any manner whether such liability arises in contract (by way of indemnity or
otherwise), in tort, including negligence, for misrepresentation, breach of statutory duty,
restitution or otherwise, for:
(i) any request for a Ride contained in a Booking Services Request, which has not been
accepted by Amber On Time Jamaica;
(ii) any theft or loss of Your or any other person’s property in connection with the Services or
any Booking Services Request accepted by Amber On Time Jamaica;
(iii) any loss, damage, costs, expenses or liability suffered by You or anyone other than You
in connection with Your use of the Application or outside the Ride;
(iv) any loss, damage, costs, expenses or liability suffered by You or anyone other than You
at any point other than the duration of the Ride;
(v) any loss that You may incur as a result of someone else using Your Account, either with
or without Your knowledge;
(vi) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment
in relation to You, Your employer or any other person (whether or not such loss could be
reasonably expected to flow from our negligence or breach of these Customer Terms);
(vii) any loss of goodwill by You, Your employer or any other person;
(viii) any indirect, incidental, special exemplary, punitive or consequential loss, costs,
expenses or liability or loss of data suffered by You, Your employer or any other person; or
(ix) any other losses, costs, expenses or liability that You suffer in connection with the
Services, save to the extent that Amber On Time fails to perform its obligations to You to the
standard of a diligent and professional provider of the relevant Services.
14.3. The Services and the Application are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by Applicable Laws, Amber On Time does not make any promises, whether express or implied, with respect to the Services, or the content or functionality of the Application. Amber On Time shall not be liable for delay or failure in performance resulting from causes beyond Amber On Time’s reasonable control.
14.4. The limitations and exclusions of liability in this clause 14 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or on any other basis.
14.5. Subject to clause 14.1, Amber On Time Jamaica’s and Amber On Time combined total aggregate liability to You for
all losses, costs, expenses or liabilities You suffer in connection with these Customer Terms or
as a result of using the Services (including in respect of a Ride) shall not exceed:
(i) subject to clause 14.5(ii), twice the value of the Total Ride Fee for all claims made by You
in respect of a Ride.
14.6. Nothing in this clause shall exclude Amber On Time’s liability, that by law, may not be limited or excluded.
15. FORCE MAJEURE
15.1. Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, outbreak of a pandemic or epidemic, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that party (“Force Majeure”).
16. TERMINATION
16.1. These Customer Terms shall continue until such time as they are terminated in accordance with this clause 16.
16.2. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application.
16.3. Amber On Time may terminate these Customer Terms with immediate effect upon notice to You
if:
(i) You fail to comply with any Applicable Law;
(ii) You cease to satisfactorily provide Registration Data;
(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer
Terms that are not capable of remedy or (if capable of remedy) is not remedied within 4 (four)
Business Days after Amber On Time notifies You of the breach, or
(iv) Amber On Time Jamaica ceases to offer Services in the Jamaica.
16.4. Upon termination of these Customer Terms for any reason:
(i) Your rights to use the Application will cease immediately, Your registration and Your
Account will cease to apply, and Amber On Time may block Your access to the Application;
(ii) Amber On Time, acting on behalf of Amber On Time Jamaica, will charge You all amounts due
and owing at the date of termination in accordance with clause 6; and
(iii) the Parties must cease acting in a manner that would imply a continuing relationship
between the Parties.
16.5. Clauses 11 (Privacy), 12 (Intellectual Property Rights), 14 (Liability), 17 (Notice), and
21
(Amendments to These Customer Terms) will survive termination of these Customer Terms together
with any other terms which by their nature do so.
16.6. Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
17. NOTICE
Any notices, requests and other communications required or permitted under these Customer Terms
must be in writing and sent to the recipient Party as follows (as amended to time by the
recipient Party by notice to the other Party):
(i) to Amber On Time Jamaica by email
(ii) to You by email or text message (SMS) to the email address or mobile number (as
applicable) specified in the Account.
18. ENTIRE AGREEMENT
18.1. These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.
18.2. No Party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this clause 18.2 shall not apply to any fraudulent misrepresentation.
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:
(a) held and seated in Jamaica;
and
(b) conducted in English by a single arbitrator agreed between the Parties (or, failing
agreement,
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, these 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.
