Applies in the United States and its territories. These terms and conditions User Terms apply to your visit to and your use of our website at www.asterride.com, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application. PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE via www.asterride.com.
Asterride, LLC (or “Asterride”)
Asterride, LLC, a Nevada Corporation, having its office at #500, N Rainbow Blvd, Suite 300, Las Vegas, NV 89107.
What services does Asterride, LLC. provide?
Asterride, LLC (a.k.a, “Asterride”) offers information and a means to obtain transportation services offered by various Transportation Companies (or a.k.a, “Providers”), which may be requested through the use of an application supplied by the name “asterRIDE” by Asterride, LLC through the Apple App Store and/or Google Play Store and downloaded and installed by you on your single mobile device. All services provided by Asterride, LLC to you by means of your use of the Application are hereafter referred to as the Service. Note, Asterride is not a transportation company. Asterride provides ride requests from passengers or otherwise known as electronic leads to its transportation partners. Asterride will not complete any ride request – only the transportation company who employs each driver.
How is a contract concluded between Asterride, LLC and you?
By using the Application or the Service, you enter into a contract with Asterride, LLC. In order to be able to use the Application or Service, you first need to sign up with Asterride, LLC. When signing up, you are obligated to provide Asterride, LLC with your personal information, mobile telephone number and email. Upon successful completion of your signing up with Asterride, LLC, Asterride, LLC will provide you with a personal account, accessible for you with a password of your choice. You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
How to use the Service and the Application?
The Application allows you to send a request for transportation service to the Provider (the transportation company). The GPS which is already installed on the mobile device (smart phone) on which you have downloaded the Application – detects your location and sends your location information to the Provider or you will have provided a separate address for Pick-up. The Provider has sole and complete discretion to accept or reject each request for transportation service. The Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Transportation Provider accepts a request, the Application may notify you and provide information regarding the ride including the type of vehicle, name and contact telephone number of the driver of the vehicle. In real time, the application shall procure reasonable efforts to bring you into contact with the Provider in order to obtain transportation service, subject to the availability of the Transportation Provider in or around your location at the moment of your request for transportation services via your mobile device (i.e., Smartphone, IPAD, etc.) For the avoidance of doubt: Asterride, LLC itself does not provide transportation services, and Asterride, LLC is not a transportation carrier. It is up to the Transportation Company / Provider to offer transportation services, which may be requested through the use of the Application or the Service. Asterride, LLC only acts as intermediary between you and the Provider.
Your use of the Application or the Service
You warrant that the information you provide to Asterride, LLC is accurate and complete. Asterride, LLC is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Asterride, LLC is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. The application requires the mobile device to have good Internet connectivity to function. The application attempts to identify your current location based on the GPS facility available in your mobile device. The location identified by the application may or may not work all the time and may not be accurate all the time due to various reasons. Asterride, LLC reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device. By using the Application or the Service, you further agree that: You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party; You will not authorize others to use your account; You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorization; You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; You will not use the Service or Application to cause nuisance, annoyance or inconvenience; You will not impair the proper operation of the network; You will not try to harm the Service or Application in any way whatsoever; You will not copy, or distribute the Application or other Asterride, LLC Content without written permission from Asterride, LLC; You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application; You will provide us with whatever proof of identity we may reasonably request; You will only use an access point or 3G data account (AP) which you are authorized to use; You will not use the Service or Application with an incompatible or unauthorized device; You will use only your valid credit card for making payments for the transportation service offered to you by the Provider and not use any fraudulent credit cards or credit cards of other people; You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. Asterride, LLC reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application is free of charge. Asterride, LLC reserves the right to introduce a fee for the use of the Application. If Asterride, LLC decides to introduce such a fee, Asterride, LLC shall inform you accordingly and allow you to either continue or terminate the Contract. The rates that apply for the transportation services by the Provider can be found on the Website and through the Application. These may be modified or updated by the Provider and Asterride, LLC from time to time. It is your own responsibility to remain informed about the current rates for the transportation services. The application shall show you the approximate charges for the ride you have requested. You will need to check the charges and confirm that you would like to book the ride. The actual charges can be higher than the approximate cost shown to you through the application. This is due to various reasons including but not limiting to late charges, toll charges, booking charge and cleaning charges. The driver of the vehicle will inform you the actual charge at the end of the ride. You agree that you will pay for all the transportation services you purchase from the Provider, through the app using your credit card. You are responsible for the timely payment for the transportation service offered to you by the Provider. Any payment made is non-refundable. In connection with your use of the Service, Asterride, LLC will obtain certain transaction details, which Asterride, LLC will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Asterride, LLC, its affiliates, its licensor, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including the Application, the Provider, or (c) your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Asterride, LLC will reasonably keep the Website, the Service and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate. Asterride, LLC shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Asterride, LLC. Asterride, LLC shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Asterride, LLC’s aggregate liability shall in no event exceed an amount of USD $500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Provider. The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the Provider who ultimately provides such transportation services to you. Asterride, LLC under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider. Any complaints about the transportation services provided by the Provider should therefore be submitted to the Provider.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials. “Asterride, LLC Content” means Content owned or used by Asterride, LLC, its affiliates, the Provider or licensor and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content. “User” means a person who accesses or uses the Service or Application. “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application. “Collective Content” means, collectively, Asterride, LLC Content and User Content. Subject to your compliance with these User Terms, Asterride, LLC grants you a limited, non-exclusive, non-transferable license:(i) to view, download and print any Asterride, LLC Content solely for your personal and non-commercial purposes; and(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Asterride, LLC. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Asterride, LLC or its licensor, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Asterride, LLC shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”). You acknowledge that Asterride, LLC only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Asterride, LLC shall not be continuously monitoring User Content published by you or other users or moderating between Users, nor shall Asterride, LLC be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, comments, opinions, suggestions and other information expressed or included in the User Content do not necessarily represent those of Asterride, LLC. Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Asterride, LLC, its affiliates, the Provider and licensor indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Asterride, LLC or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application. Asterride, LLC reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Asterride, LLC believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Asterride, LLC. You agree to promptly notify Asterride, LLC in writing of any User Content which breaches these User Terms. You agree to provide to Asterride, LLC sufficient information to enable Asterride, LLC to investigate whether such User Content breaches these User Terms. Asterride, LLC agrees to make good faith efforts to investigate such complaint and shall take such action as Asterride, LLC in its sole discretion decides. However, Asterride, LLC does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, Asterride, LLC grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run the copy of the Application solely for your own personal use. You shall not (i) license, sublicense, resell, sell, assign, transfer, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) change or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or create a competitive application, product or service, (b) design or create an application or product using similar features, functions or graphics of the Service or Application, or (c) copy any features, functionalities or graphics of the Service or Application, or (v) launch an automated script or program, including, but not limited to, web crawlers, web robots, web spiders, web indexers, web ants, bots, viruses or worms, or any program or script which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks. Asterride, LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Asterride, LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Asterride, LLC has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Asterride, LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Asterride, LLC, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
Intellectual Property Ownership
Asterride, LLC alone (and its licensor, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Asterride, LLC. Asterride, LLC’s name, logo, and the product names associated with the Application and Service are trademarks of Asterride, LLC, its affiliated companies, the Provider, or third parties, and no right or license is granted to use them.
Third Party Interactions
Some services within Asteride and its associated website make use of location-based data. If you allow these services, we will collect information about the WI-FI routers closest to you and the cell IDs of the towers closest to you.
We use this information to provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested to
- Provide you content based upon your location.
- Enable you to earn loyalty rewards, if available and applicable, or let others know where you are.
- Provide you local search results.
- Enable designated individuals to track your location or you to track the location of others solely for the purposes of completing your transportation request to the desired location.
- Map routes and provide directions to locations that you specify.
Collection and Use
We collect the following personal information from you:
- Contact Information such as name, email address, mailing address, phone number
- Billing Information such as credit card number, and billing address
We use this information to:
- Send you push notifications when you are using our app. If you do not want these notifications, you can manage your preference either through your device or app settings depending on your device type. You can also contact us at firstname.lastname@example.org
Sharing Your Information
We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose your personal information
- To a third party transportation provider to complete your ride as part of your ride request.
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- If Asterride is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information to any other third party with your prior consent to do so.
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number) to us, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Cancellaiton and No Show Policy
Asterride understands from time to time passengers will need to cancel previously submitted Ride Requests. A cancelled order is defined as cancelling the order through our application or over the phone to inform us that you will not be able to complete your requested ride. When a ride request is cancelled, this has an affect on other passengers and our transportation partners. Consequently, Asterride like other companies has instituted the following terms:
- If the ride request is cancelled within 24 hours but before 2 hours of the pick up time, then no cancellation fee will be levied.
- Should the ride request be cancelled by the passenger within 2 hours prior to the requested pick up time, then Asterride may charge a cancellation fee up to 50% of the estimated fare (no tips) for an advance pick up.
- Should the ride request be cancelled within 1 hour prior to the requested pick up time, then Asterride may charge the full estimated fare excluding tip.
- For an instaRIDE™ order, each passenger will be granted a 5 minute grace period to cancel from the time the initial ride request was received. After the grace period is over and if a passenger has cancelled the order, then Asterride may apply a cancellation fee of $15.
Should a passenger not cancel the order prior to the driver arriving and not be present to fulfill the ride request (after 10 minute grace period from time of the driver’s arrival to the requested pick up location, then the passenger will be charged the full estimated fare (no tip) for Advance Bookings or $20 for the InstaRIDE™ requests.
Asterride provides competitive and attractive pricing including the use of promotions. Asterride’s pricing is established to provide a fair and reasonable price to the passenger and to help our transportation providers cover their transactional expenses by pricing to the external market. Our application will provide you with an estimated fare or price per mile prior to you entering the requested vehicle. You will always have the choice to cancel an order submitted should you not like the price offered. Our pricing model will account for the distance traveled along with the time duration within the vehicle. Our pricing does include a $1.00 surcharge to cover the convenience of using a mobile application to book a ride request securely with your credit card. Our promotions will be applied to your fare prior to check out. It will not apply to the driver tip, taxes or government tolls. Our pricing model for luxury sedans and SUV’s includes the following components:
- First mile charge
- Each additional mile charge
- Duration Charge
- The sum of these three equals you fare and we add in any tips, tolls, applicable taxes and surcharges
For Limousines and Vans, we price by the hour and / or the passenger plus a $1.00 surchage, any applicable tips, taxes and other surcharges.
For taxi fares, we will use the fare rendered from the taxi meter and add in any applicable taxes, tolls, surcharges and tips plus the $1.00 convenience fee.
Term and termination of the contract
The Contract between Asterride, LLC and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. Asterride, LLC is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of Asterride, LLC, misuse the Application or the Service. Asterride, LLC is not obliged to give notice of the termination of the Contract in advance. After termination Asterride, LLC will give notice thereof in accordance with these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the Service and User Terms
Asterride, LLC reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Asterride, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Asterride, LLC may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Asterride, LLC’s account information, or by written communication sent by regular mail to your address on record in Asterride, LLC’s account information
You may not assign your rights under these User Terms without prior written approval of Asterride, LLC.
Privacy and Cookie Notice
Asterride, LLC collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.
Applicable law and Dispute Resolution
These User Terms are subject to the laws of the India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively,“Disputes”) will be settled exclusively by the competent court in Bangalore, India, unless you notify Asterride, LLC within one month after Asterride, LLC invoking its right pursuant to this provision to commence court proceedings in Bangalore, India, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.