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.

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:

• 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.

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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: any toll, duty, taxes, levies or similar fees or charges that are not included in the Fare but are:
  • incurred during a Ride to any third party (including government agencies and regulatory authorities) under any Applicable Laws; and
  • of a type approved by Amber On Time.
• Applicable Laws: all laws applicable in any relevant jurisdiction, including but not limited to statutes, rules, regulations, by-laws, codes, and guidelines.
• Application: the “Amber On Time” software application and programs provided by Amber On Time to You subject to these Customer Terms.
• Booking Confirmation: confirmation sent to You when a Captain is found for Your ride as per clause 5.
• Booking Services: services allowing You to book Rides, as described in clause 4.
• Captain: the licensed driver who provides taxi services and operates the Vehicle.
• Fare: the amount specified in the Application for the Ride.
• Privacy Policy: as available in the Application or Website, and updated from time to time.
• Promo Code: as described in clause 4.9.
• Registration Data: Your personal data such as name, contact information, etc., used for registering and using the Services.
• Ride: the travel provided by a Captain using a Vehicle booked through the Application.
• Services:
  1. the Booking Services;
  2. the provision of the Application (including SMS/offline mode);
  3. the actual Transport Services provided by Captains.
• Total Ride Fee: the total payable fare including all fees, cancellations, and tolls.
• Vehicle: a motor vehicle operated by the Driver for passenger transportation.
• You / Your: refers to the user of the Application and Services.
• Your Content: as per clause 12.4.

Interpretation

• The singular includes the plural and vice versa.
• Expressions like ‘such as’, ‘including’, etc., are not limiting.
• References to:
  • a person include individuals, partnerships, corporations, etc.
  • a Party includes successors and permitted assigns.
  • “USD” or “JMD” means Jamaican currency.
• Time is based on local jurisdiction where You use the service.
• Time periods exclude the day from which they are calculated.
• No adverse interpretation against the drafter applies.

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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.

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3. Registration and Usage

To receive Booking Services and access the Application, You must:

• Be legally competent and provide accurate Registration Data.
• Create and use only one Account.
• Use a supported Device with SMS and push capabilities.
• Use the Application and Services only for lawful personal use.
• Not allow underage persons to use Services unless accompanied by You.
• Not tamper with or damage the network, app, or services.
• Promptly provide requested information and update Registration Data.
• Use a valid internet or telecom connection.

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:

• Improve the system or security,
• Comply with laws, or
• Protect business interests.

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4. Services

Booking Services

When you request a booking ("Booking Services Request") through the Application:

• Ensure GPS and the App are active.
• Your request is sent to Amber On Time Jamaica.
• You’ll be notified of the booking status.
• If a Driver is found, you’ll get a Booking Confirmation.

Amber On Time Jamaica reserves the right to accept or reject any Booking Services Request based on driver availability, accessibility, or other valid reasons.

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5. Booking Confirmation

• Check the details in your Booking Confirmation immediately after receipt.
• If the pick-up location is wrong, you may adjust it (within 500m); otherwise, cancel and rebook.
• You are responsible for delays caused by incorrect input or inaction.
• All destinations and stops must be entered via the Application.
• Drivers may refuse destination changes made during the trip.

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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:

• Debit or credit the account linked to Your Card Details.
• Process transactions initiated by You or via Your Account.
• Use Your Card Details while your Account is active.
• Apply additional terms as may be communicated through the App or SMS.

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:

1. Amber On Time Jamaica may restrict further bookings until dues are paid.
2. Amber On Time or its agents may recover the dues as a collection agent.
3. You will be liable for all recovery costs including legal and agent fees.

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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.

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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.

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9. Behaviour

9.1. While providing the Services, the Driver may request You to refrain from:

• Smoking or using alcohol/tobacco/illicit substances in or near the Vehicle.
• Misbehaving or distracting the Driver.
• Acting unlawfully or in a manner that jeopardizes safety.

9.2. If You breach clause 9.1, Amber On Time may suspend Services or access to Your Account immediately.

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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.

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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.

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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:

1. Reverse engineer, decompile or obtain the source code (except where not prohibited by law);
2. Copy, modify or derive works from any Amber On Time IP;
3. Tamper with or bypass security measures in the Application;
4. Infringe on third-party IP or moral rights using Amber On Time IP;
5. Share Amber On Time IP with third parties via any platform or format;
6. Combine Amber On Time IP with non-Amber technology;
7. Remove proprietary notices from Amber On Time IP;
8. Engage in fraudulent activity through the Application or Website.

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:

• Text, images, videos, opinions, drawings, audio, etc.
• Your Content must not be unlawful or infringe others’ rights.

You must not:

1. Upload or share inappropriate, defamatory, obscene, or illegal content;
2. Upload files violating intellectual property rights without proper consent;
3. Upload malicious files (viruses, corrupted data, etc.);
4. Advertise or promote business offerings without permission;
5. Engage in surveys, chain letters or pyramid schemes;
6. Download files that cannot be legally shared;
7. Falsify or remove attributions and proprietary labels;
8. Mislead others about message origins or send offensive content;
9. Disrupt other users (including Drivers or customers);
10. Collect data from others (e.g. emails) without consent.

12.5. Amber On Time has no obligation to monitor Your Content or access to the App, but may do so to:

• Operate or improve the App and Services;
• Ensure legal compliance or court orders;
• Enforce these Customer Terms;
• Investigate and report violations to authorities;
• Remove or disable access to violating content without prior notice.

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.

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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:

1. breach by You of any Applicable Law;
2. misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of You;
3. 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
4. claim by a Driver or any other third party caused by any of Your acts or omissions.

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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:

1. unaccepted Booking Services Requests;
2. theft or loss of property in connection with the Services;
3. any loss or damage occurring outside the Ride duration;
4. unauthorised use of Your Account;
5. any business-related losses (profits, revenue, opportunity, goodwill);
6. any indirect, incidental, or consequential damages;
7. any loss beyond Amber On Time’s failure to provide Services diligently.

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.

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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”).

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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:

1. You breach applicable laws;
2. fail to provide Registration Data;
3. breach these Terms and do not remedy it within 4 Business Days after notice;
4. or if Amber On Time Jamaica ceases offering services in Jamaica.

16.4. Upon termination:

1. Your access and Account will be disabled;
2. Amber On Time will charge any outstanding dues;
3. Each Party will cease to act in a manner suggesting ongoing association.

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.

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17. Notice

Any notices under these Terms must be in writing and sent:

• To Amber On Time Jamaica via email;
• To You via email or SMS using the contact details provided in Your Account.

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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.

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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.

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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:

1. held and seated in Jamaica; and
2. conducted in English by a single arbitrator agreed between the Parties (or, failing agreement, appointed in accordance with applicable arbitration rules).

20.2. These Customer Terms will be governed by and construed in accordance with the laws of Jamaica.

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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.

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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.