CITYSHUTTLE’s Terms of Service
Last Updated: August, 2020
1. Contractual Relationship
These Terms constitute a legally binding agreement between you and your local CITYSHUTTLE entity.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE CITYSHUTTLE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT USE OR ACCESS THE CITYSHUTTLE SERVICES.
Your access and use of the CITYSHUTTLE Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, CITYSHUTTLE and your local CITYSHUTTLE entity. These Terms expressly supersede prior agreements or arrangements with you. CITYSHUTTLE may immediately terminate these Terms or any of the CITYSHUTTLE Services with respect to you, or generally cease offering or deny access to the CITYSHUTTLE Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain CITYSHUTTLE Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable CITYSHUTTLE Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes and period of the applicable CITYSHUTTLE Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable CITYSHUTTLE Services.
CITYSHUTTLE may amend the Terms related to the CITYSHUTTLE Services from time to time. Amendments will be effective upon CITYSHUTTLE posting such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the CITYSHUTTLE Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The CITYSHUTTLE Services
The CITYSHUTTLE Services constitute a technology platform that enables users of CITYSHUTTLE’s mobile applications or websites provided as part of the CITYSHUTTLE Services (each, an "Application") to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers under agreement with CITYSHUTTLE or certain of CITYSHUTTLE’s Affiliates ("Third Party Providers"). Unless otherwise agreed by CITYSHUTTLE in a separate written agreement with you, the CITYSHUTTLE Services are made available solely for your personal and non-commercial use. Each service provided by a Third Party Provider to you shall constitute a separate legal agreement between the you and the Third Party Provider. YOU ACKNOWLEDGE THAT CITYSHUTTLE DOES NOT PROVIDE ANY FORM OF TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY CITYSHUTTLE OR ANY OF ITS AFFILIATES NOR OPERATE UNDER THEIR CONTROL.
Subject to your compliance with these Terms, CITYSHUTTLE grants you a limited, non-exclusive, non- sublicensable, non-assignable, revocable and non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the CITYSHUTTLE Services; and (ii) access and use any content, information and related materials that may be made available through the CITYSHUTTLE Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are reserved by CITYSHUTTLE and CITYSHUTTLE's licensors.
In addition to the general obligations set out under the sub-heading “Activities” in paragraph 3 below, you specifically agree to not , without the prior explicit written consent of CITYSHUTTLE,: (i) remove any copyright, trademark or other proprietary notices from any portion of the CITYSHUTTLE Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the CITYSHUTTLE Services except as expressly permitted by CITYSHUTTLE; (iii) decompile, reverse engineer or disassemble the CITYSHUTTLE Services; (iv) link to, mirror or frame any portion of the CITYSHUTTLE Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the CITYSHUTTLE Services or unduly burdening or hindering the operation and/or functionality of any aspect of the CITYSHUTTLE Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the CITYSHUTTLE Services or its related systems or networks.
Provision of the CITYSHUTTLE Services
You acknowledge that portions of the CITYSHUTTLE Services may be made available under CITYSHUTTLE’s various brands or request options associated with transportation, including the transportation request brands currently referred to as “Premium” and “Economy”. You also acknowledge that the CITYSHUTTLE Services may be made available under such brands or request options by or in connection with: (i) certain of CITYSHUTTLE’s Affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.
Third Party Services and Content
The CITYSHUTTLE Services and all rights therein are and shall remain CITYSHUTTLE’s property or the property of CITYSHUTTLE’s licensors. Neither these Terms nor your use of the CITYSHUTTLE Services convey or grant to you any rights: (i) in or related to the CITYSHUTTLE Services except for the limited license granted above; or (ii) to use or reference in any manner CITYSHUTTLE’s company names, logos, product and service names, trademarks or services marks or those of CITYSHUTTLE’s licensors irrespective of whether or not they are registered or un-registered.
3. Your Use of the CITYSHUTTLE Services
To use most aspects of the CITYSHUTTLE Services, you must register for and maintain an active personal user CITYSHUTTLE Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to set-up and maintain an Account. Account registration requires you to submit to CITYSHUTTLE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card, cash or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the CITYSHUTTLE Services or CITYSHUTTLE’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain, at all times, the security and secrecy of your Account username and password. Unless otherwise permitted by CITYSHUTTLE in writing, you may only possess one Account.
User Requirements and Conduct
The CITYSHUTTLE Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the CITYSHUTTLE Services, and you may only use the CITYSHUTTLE Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the CITYSHUTTLE Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the CITYSHUTTLE Services, and you agree that you may be denied access by the Third Party Provider or to use the CITYSHUTTLE Services if you refuse to provide proof of identity.
By creating an Account, you agree that the CITYSHUTTLE Services may send you text (SMS) messages as part of the normal business operation of your use of the CITYSHUTTLE Services. You may opt-out of receiving text (SMS) messages from CITYSHUTTLE at any time by following the directions found [here●]. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the CITYSHUTTLE Services.
CITYSHUTTLE may, in CITYSHUTTLE's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the CITYSHUTTLE Services and/or a Third Party Provider's services, subject to any additional terms that CITYSHUTTLE establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CITYSHUTTLE; (iii) may be disabled by CITYSHUTTLE at any time for any reason without liability to CITYSHUTTLE; (iv) may only be used pursuant to the specific terms that CITYSHUTTLE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. CITYSHUTTLE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that CITYSHUTTLE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Bundles and Credits
As part of your Account, CITYSHUTTLE may provide you with access to a wallet feature in the CITYSHUTTLE mobile application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“CITYSHUTTLE Credit”); and/or (iii) transfer CITYSHUTTLE Credit to or receive CITYSHUTTLE Credit from other users, against payment of any applicable fees and subject to any limits on the number of transfers or the amount of CITYSHUTTLE Credit you can send and/or receive, which fees and limits may be modified by CITYSHUTTLE (in its sole discretion) from time to time.
When transferring CITYSHUTTLE Credit balance to another user, the amount transferred and the applicable fees (if any) will be deducted from your Account balance and will be transferred to the other user. Once the request for the transfer of CITYSHUTTLE Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, CITYSHUTTLE is merely enabling the transfer of CITYSHUTTLE Credit balance and is no way responsible for the actions of the individual users, including the reason for which CITYSHUTTLE Credit is transferred by or to you.
You may be entitled to purchase bundles of CITYSHUTTLE Credit (“CITYSHUTTLE Bundles”) or you may receive trip discounts ("Trip Discounts") that you can apply toward payment of certain services provided by CITYSHUTTLE or fees charged by CITYSHUTTLE in relation to the Services.
CITYSHUTTLE Bundles, CITYSHUTTLE Credits and Trip Discounts are only valid for use on the CITYSHUTTLE Platform and are not transferable or redeemable for cash, are non-refundable, and may only be used for certain Services. CITYSHUTTLE Bundles and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on CITYSHUTTLE Bundles, CITYSHUTTLE Credits and Trip Discounts may apply as communicated to you in a relevant promotion or specific terms. CITYSHUTTLE may cancel, or vary the terms, relating to any CITYSHUTTLE Bundles, CITYSHUTTLE Credits or Trip Discounts at any time in its sole discretion.
As part of your Account, CITYSHUTTLE may provide you with or allow you to create a “CITYSHUTTLE Code” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new users (“Referred Users”). CITYSHUTTLE Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your CITYSHUTTLE Code. You are prohibited from advertising CITYSHUTTLE Codes, including but not limited to on Google, Facebook, Twitter and Instagram or on any other digital platform or website owned or controlled by you or any other person. CITYSHUTTLE reserves the right to deactivate or invalidate any CITYSHUTTLE Code at any time in CITYSHUTTLE’s sole discretion.
From time to time, CITYSHUTTLE may offer you incentives to refer new users to the CITYSHUTTLE community (the “Referral Program”). These incentives may come in the form of CITYSHUTTLE Credits and/or Trip Discounts, and CITYSHUTTLE may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
User Provided Content
CITYSHUTTLE may, in CITYSHUTTLE's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CITYSHUTTLE through the CITYSHUTTLE Services textual, audio, and/or visual content and information, including commentary and feedback related to the CITYSHUTTLE Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to CITYSHUTTLE, you grant CITYSHUTTLE a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the CITYSHUTTLE Services and CITYSHUTTLE’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant CITYSHUTTLE the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor CITYSHUTTLE's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
In addition to your general obligations under the sub-heading “Activities” below, you agree to not provide User Content that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, hateful, abusive, obscene, profane, offensive, pornographic or sexually oriented, threatening, harassing, illegal, or otherwise offensive, as determined by CITYSHUTTLE in its sole discretion, whether or not such material may be protected by law. CITYSHUTTLE may, but shall not be obligated to, review, monitor, or remove User Content, at CITYSHUTTLE's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the CITYSHUTTLE Services. Your mobile network's data and messaging rates and fees may apply if you access or use the CITYSHUTTLE Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the CITYSHUTTLE Services and Applications and any updates thereto. CITYSHUTTLE does not guarantee that the CITYSHUTTLE Services, or any portion thereof, will function on any particular hardware or devices. In addition, the CITYSHUTTLE Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
With respect to your use of the CITYSHUTTLE Services, you agree that you will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person (including other users of the CITYSHUTTLE Services), the Third Party Provider (including the captain or driver of a vehicle) or carry any weapons; (iii) violate any law, statute, rule, permit, ordinance or regulation; (iv) interfere with or disrupt the CITYSHUTTLE Services or the servers or networks connected to the CITYSHUTTLE Services; (v) post information or interact on the CITYSHUTTLE Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, hateful, abusive, obscene, profane, offensive, pornographic or sexually oriented, threatening, harassing, illegal, or otherwise offensive; (vi) use narcotics or alcohol; (vii) use the CITYSHUTTLE Services in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the CITYSHUTTLE Services; (x) “frame” or “mirror” any part of the CITYSHUTTLE Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (xi) rent, lease, lend, sell, redistribute, license or sublicense the CITYSHUTTLE Services; (xii) link directly or indirectly to any other web sites; (xiii) transfer or sell your Account, password and/or identification to any other party; (xiv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (xv) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in CITYSHUTTLE Services, the driver shall be permitted to refuse to provide you services or, if such services have commenced, a driver shall be permitted to refuse to continue to provide you services.
You understand that use of the CITYSHUTTLE Services may result in charges to you for the services or goods you receive from a Third Party Provider (which shall also include any amounts which are charged by CITYSHUTTLE for the provision of the CITYSHUTTLE Services) ("Charges"). After you have received services obtained through your use of the CITYSHUTTLE Service, CITYSHUTTLE may: (a) facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent; and (b) collect any applicable fees payable to CITYSHUTTLE directly from you or, in the case of a cash payment, from the relevant Third Party Provider on your behalf. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges, including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by CITYSHUTTLE. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. CITYSHUTTLE will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated by CITYSHUTTLE using the preferred payment method designated in your Account (which may include, credit card, cash, mobile payment, or such other payment methods which CITYSHUTTLE may accept in your jurisdiction), after which your ride history in your Account will be updated with a receipt for the ride and CITYSHUTTLE may also send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CITYSHUTTLE may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account (including any amounts which may be deposited in the CITYSHUTTLE wallet), if available.
As between you and CITYSHUTTLE, CITYSHUTTLE reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the CITYSHUTTLE Services at any time in CITYSHUTTLE's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CITYSHUTTLE will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. CITYSHUTTLE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the CITYSHUTTLE Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the CITYSHUTTLE Services or the Charges applied to you.
You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. CITYSHUTTLE does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by CITYSHUTTLE (on CITYSHUTTLE's website, in the Application, or in CITYSHUTTLE's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that CITYSHUTTLE provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the CITYSHUTTLE Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the CITYSHUTTLE Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by CITYSHUTTLE in CITYSHUTTLE's reasonable discretion, CITYSHUTTLE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by CITYSHUTTLE to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE CITYSHUTTLE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CITYSHUTTLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CITYSHUTTLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CITYSHUTTLE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE CITYSHUTTLE SERVICES, OR THAT THE CITYSHUTTLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CITYSHUTTLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. CITYSHUTTLE ALSO SHALL NOT BE LIABLE FOR ANY ACTIONS OR INACTIONS OF OTHER PERSONS WHO ARE USING THE CITYSHUTTLE SERVICES AT THE SAME TIME AS YOU ARE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CITYSHUTTLE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LOCATION DATA PROVIDED BY THE CITYSHUTTLE SERVICES IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER CITYSHUTTLE, NOR ITS AFFILIATES NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA TRACKED OR DISPLAYED BY THE APPLICATIONS. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE APPLICATIONS MAY BE ACCESSIBLE TO CITYSHUTTLE, SELECTED PARTNERS AND RELEVANT THIRD PARTY PROVIDERS.
YOU ACKNOWLEDGE THAT CITYSHUTTLE MAY (BUT IS NOT OBLIGATED TO) HAVE ITS OWN INSURANCE COVERAGE FROM WHICH YOU MAY BENEFIT. IN THE EVENT THEREOF, YOU AGREE TO PROVIDE PROPER NOTIFICATION OF AN INSURANCE CLAIM AND ACCEPT THE BENEFIT OF ANY INSURANCE SERVICE PROVIDED AT YOUR OWN RISK AND YOU HEREBY ACKNOWLEDGE THAT CITYSHUTTLE IS NOT ACTING AS A BROKER IN CONNECTION THEREWITH, NOR DOES IT PROVIDE ANY GUARANTEES, WARRANTIES OR ANY OTHER ASSURANCES IN CONNECTION THEREWITH.
LIMITATION OF LIABILITY
CITYSHUTTLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE CITYSHUTTLE SERVICES, EVEN IF CITYSHUTTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CITYSHUTTLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE CITYSHUTTLE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CITYSHUTTLE SERVICES; (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CITYSHUTTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) ANY TRANSACTION, INTERACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER PERSON WHO IS USING THE CITYSHUTTLE SERVICES, EVEN IF CITYSHUTTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CITYSHUTTLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CITYSHUTTLE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL CITYSHUTTLE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE CITYSHUTTLE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED UNITED STATES DOLLARS FIVE HUNDRED ($500) OR THE EQUIVALENT AMOUNT IN THE CURRENCY IN YOUR JURISDICTION.
THE CITYSHUTTLE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CITYSHUTTLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD CITYSHUTTLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE CITYSHUTTLE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE CITYSHUTTLE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) CITYSHUTTLE’S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS AND OTHER USERS.
You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, CITYSHUTTLE or to the CITYSHUTTLE local service entity.
Whilst you may expect Third Party Providers to hand over your property to you, the offices of CITYSHUTTLE or the CITYSHUTTLE local service entity, CITYSHUTTLE or the CITYSHUTTLE local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, CITYSHUTTLE or the CITYSHUTTLE local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst CITYSHUTTLE or the CITYSHUTTLE local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of CITYSHUTTLE or the CITYSHUTTLE local service entity, when your property is in CITYSHUTTLE’s or the CITYSHUTTLE local service entity’s possession, you understand and agree that: (i) CITYSHUTTLE or the CITYSHUTTLE local service entity will only keep your property in its possession for a maximum period of one month from the date on which the Third Party Provider handed your property to CITYSHUTTLE or the CITYSHUTTLE local service entity; and (ii) should you fail to collect your property from CITYSHUTTLE or the CITYSHUTTLE local service entity before the expiry of the one month period stipulated, CITYSHUTTLE or the CITYSHUTTLE local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against CITYSHUTTLE or the CITYSHUTTLE local service entity in respect of your unclaimed property.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Applications or CITYSHUTTLE Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and CITYSHUTTLE Inc if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CITYSHUTTLE are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and CITYSHUTTLE and/or any of its Affiliates.
Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Applications or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to legal@CITYSHUTTLE-EGYPT.com.
CITYSHUTTLE may give notice by means of a general notice on the CITYSHUTTLE Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to CITYSHUTTLE by written communication to CITYSHUTTLE’s address at [Kingston Chambers, PO Box 173, Road Town, Tortola, British Virgin Islands].
You may not assign or transfer these Terms in whole or in part without CITYSHUTTLE’s prior written approval. You give your approval to CITYSHUTTLE for it to assign or transfer these Terms in whole or in part, including to: (i) an Affiliate; (ii) an acquirer of CITYSHUTTLE’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, CITYSHUTTLE or any Third Party Provider as a result of the contract between you and CITYSHUTTLE or use of the CITYSHUTTLE Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."
Last Updated: August, 2021
1. USER’S ACKNOWLEDGEMENT OF THIS POLICY
BY USING THE SERVICES OR REGISTERING, DOWNLOADING OR ENTERING THE WEBSITES AND/OR THE APPS YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF THIS POLICY, INCLUDING THE PROCESSING (INCLUDING COLLECTING, USING, DISCLOSING, RETAINING OR DISPOSING) OF YOUR INFORMATION. THE INFORMATION CITYSHUTTLE HOLDS ABOUT YOU MAY BE HELD AND PROCESSED ON COMPUTER AND/OR PAPER FILES. IF YOU PROVIDE CITYSHUTTLE WITH ANY INFORMATION REGARDING ANOTHER PERSON, IT IS YOUR RESPONSIBILITY TO MAKE THEM AWARE OF THIS POLICY. IF YOU HAVE ANY QUESTIONS OR COMMENTS REGARDING PRIVACY ISSUES ON THE SITE AND/OR THE APP, PLEASE CONTACT CITYSHUTTLE BY EMAIL AT legal@CITYSHUTTLE-EGYPT.com
2. TYPES OF INFORMATION WE COLLECT
1. CITYSHUTTLE collects both "Personal Information" and "Anonymous Information" about you. "Personal Information" is information that can be used to identify you, such as your full name, email address, phone number, payment method, password, mailing address, IP address, and profile picture, location, as well as information that is linked to such information. "Anonymous Information" is information that we cannot use to identify you and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Websites or on the Apps, such as use and usage data, to the extent that information is not linked to your Personal Information. "Personal Data" means collectively, Personal Information and Anonymous Information.
2. While accessing certain portions of the Services, we passively collect certain information from your devices, such as your IP address, screen resolution information, geographic location, Wi-Fi information, browser information, unique device identifier ("UDID") where applicable and/or your mobile operating system, and use third party service providers to obtain detailed analytics. We also collect geolocation data from you upon you downloading and opening the Apps. Sometimes, this passively collected information will constitute Personal Information – please see Sections 2.4 and 2.5 in particular.
3. Voluntarily submitted information, We collect information that you provide to us during your use of the Services. Some examples include:
1. Personal Information that you enter when registering for or using the Apps, including your full name, email address, phone number, payment method, billing information, profile picture and profile information. The provision of some of this information (as indicated by us) is mandatory in order to create an account and use our Services;
2. communications with us (e.g. emails, in-app messages and photos, text messages) or with captains (e.g. written in-app instructions to captains);
3. user preference information you provide such as marketing preferences, communication preferences (e.g. sms or in-app messages) home address, work address, and/or favourites, as well as information in surveys;
4. information you provide to our customer support team or other CITYSHUTTLE staff by email, post, the Apps, sms, Facebook messenger, in-app messaging, Instagram messaging, telephone or otherwise, in which case CITYSHUTTLE may keep a record of that correspondence to respond to your enquiries and improve its services, and we may record your customer support calls for quality assurance purposes and for improving our services. Any photos you send us will be stored on your own device;
5. information that you post on any forums or message boards (such as CITYSHUTTLE’s pages on third party social media sites, and other third party maintained and publicly accessible forums where CITYSHUTTLE is discussed);
6. data you provide, including photos or comments, in connection with or participation in any promotions or competitions sponsored, promoted or offered by CITYSHUTTLE and/or any third-party and any data provided to CITYSHUTTLE by way of feedback, profile forms or issues relating to the Services;
7. data you provide, including a copy of your identification or credit card, in connection with special instances relating to fraud or otherwise where CITYSHUTTLE needs to authenticate user identity and/or ownership of the payment method provided. Full credit card information is not retained by CITYSHUTTLE, and the copy of your credit card will be used solely for the purposes of authenticating your ownership and preventing fraud; and
8. where you are a captain - insurance policies, fleet information, vehicle information, and licensing information. The provision of this information is mandatory in order to become a captain.
4. Information collected through use of the Services
1. Geolocation data: If you access the Apps through a mobile device, we may access, collect, monitor and/or remotely store "geolocation data" which may include the GPS coordinates of your trip (including pickup and drop-off data and route information) or similar information regarding the location of your mobile device.
2. Contacts: We may access your calendar or contacts if you provide us with your permission to do so.
3. Transaction data: We collect information created during your various interactions with any Service, including the date and time of an order, captain acceptance of the order, captain arrival, completion of the Services, as well as distance travelled, amount charged, including breakdown of base fee, tip and additional fees, as well as promotional code delivery.
5. Information collected via technology
2. In connection with your use of the Apps, we may receive the date and time of calls, SMS and in-app messages with CITYSHUTTLE and their respective content, as well as a record of the fact that you contacted a captain. For the avoidance of doubt, CITYSHUTTLE does not have access to the content of calls and/or SMS messages between passengers and captains, or any information whatsoever about your calls or SMS messages to any third-parties (i.e. anyone other than CITYSHUTTLE or a captain).
3. We may use third-party services with your use of the Apps, such as Tableau, Mo-engage and Amplitude to track and analyse trends and patterns in relation to consumer behaviour.
4. We may also use third-party fraud prevention services to track and analyse customer and captain usage logs, device logs, root logs, screen logs, and granted permission logs for purposes of security, fraud prevention, and money laundering prevention.
5. f you choose to download or login to the Apps or Websites via a third-party website, your Personal Information may be provided to us by that website.
6. Because we rely on third-party commercial software and programs to operate our servers, we may inadvertently collect Personal Information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information prior to engagement and after discovery in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.
6. Information provided by others
1. We collect information that passengers provide about captains, and vice-versa, including ratings, complaints, and postings on CITYSHUTTLE’s forums or message boards, or those of third parties (such as news media) where CITYSHUTTLE is discussed.
2. CITYSHUTTLE may receive information about you if you use any of the other websites or other services its affiliates provide. CITYSHUTTLE also works closely with third parties (including, for example, business partners, subcontractors in technical, payment, delivery and transportation services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. Where third-parties collect information about you and share it with us, you should refer to their separately maintained privacy policies or notices.
7. Information about your device
1. CITYSHUTTLE collects information about the device you use to access the Services, which may include personal data. This information is used to recognise your device so that it can be linked to your account. This activity is carried out for purposes of safety, security, evaluation of the performance of the Apps or the Websites, improvement and optimization of the customer experience, fraud prevention and may involve the sharing of information about your device including limited personal data, IP address, Wi-Fi and location information with a third-party service provider.
2. CITYSHUTTLE collects information about installed malicious applications that are specifically used to commit fraud against CITYSHUTTLE ("Installed Apps"), including the Installed Apps’ name and installation date. For the avoidance of doubt, we do not collect data within the Installed Apps;
3. the battery and network performance (i.e. battery status and charger use) of your device and the file names, types and files sizes on your device, including the amount of free and used local storage space, but not the contents of the files; and
4. the system status, including device event information such as crashes and system activity.
3. COOKIES AND OTHER WEB FILES OR TAGS
4. USES MADE OF THE INFORMATION
1. CITYSHUTTLE may use, combine, and process your Personal Data for the following purposes ("Purposes"):
1. Providing Services and Features - your Personal Data will be used to provide, personalise, maintain, and improve our products and services. This includes using your Personal Data to:
a. Providing Services and Features - your Personal Data will be used to provide, personalise, maintain, and improve our products and services. This includes using your Personal Data to:
b. engage you to provide Services;
c. create, administer, and update your account;
d. verify your identity;
e. validate your ride and process payments;
f. enable dynamic pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance, the predicted route, estimated traffic, and the number of passengers and captains using CITYSHUTTLE at a given moment;
g. offer, obtain, provide, or facilitate insurance or financing solutions;
h. track the progress of your trip and detect abnormal trip variations;
i. enable features that personalise your Apps, such as lists of your favourite places and previous destinations;
j. perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analysing usage and activity trends;
k. protect the security or integrity of the Services and any facilities or equipment used to make the Services available;
l. process and manage your rewards;
m. enable communications between our users;
n. process, manage or verify your application of promotions, rewards, and subscriptions with CITYSHUTTLE; and
o. enable our partners to manage and allocate fleet resources.
2. Safety and Security - We use your data to ensure the safety and security of our services and all users. This includes:
a. screening captain partners before enabling their use of our Services;
b. identifying unsafe driving behaviour such as speeding, harsh braking and acceleration, and providing personalised feedback to our captain partners;
c. verifying your identity when you log in to the Apps;
d. using device, location, profile, usage, and other Personal Data to prevent, detect and combat fraud or unsafe activities;
e. sharing captains and passengers’ location and details when the emergency button is activated;
f. monitoring compliance with our terms and conditions, policies and Captain’s Code of Conduct; and
g. detecting, preventing, and prosecuting crime.
3. Customer Support - We use Personal Data to resolve customer support issues. For example, we may:
a. investigate and address concerns;
b. monitor and improve our customer support responses;
c. respond to questions, comments, and feedback; and
d. respond to questions, comments, and feedback; and
4. Research and Development and Security - We may use the Personal Data we collect for testing, research, analysis, and product development. This allows us to understand and analyse your needs and preferences, protect your Personal Data, improve, and enhance the safety and security of our services, develop new features, products, and services, and facilitate insurance and finance solutions.
5. Legal Purposes - We may use the Personal Data we collect to investigate and resolve claims or disputes, or as allowed or required by applicable law. We may also use your Personal Data when we are required, advised, recommended, expected, or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental, or other authority. For example, we may use your Personal Data to:
a. comply with court orders or other legal, governmental, or regulatory requirements;
b. enforce our Terms of Service or other agreements; and
c. protect our rights or property in the event of a claim or dispute. We may also use your Personal Data in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of our business by another company.
6. Marketing and Promotions - We may use your Personal Data to market CITYSHUTTLE and CITYSHUTTLE’s partners’ sponsors’ and advertisers’ products, services, events, or promotions. For example, we may:
a. send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and
b. notify, invite, and manage your participation in our events or activities.
We may communicate such marketing to you by post, telephone call, short message service, online messaging service, push notification by hand and by email.
IF YOU WISH TO UNSUBSCRIBE TO THE PROCESSING OF YOUR PERSONAL DATA FOR MARKETING AND PROMOTIONS, PLEASE CLICK ON THE UNSUBSCRIBE LINK IN THE RELEVANT EMAIL OR MESSAGE. ALTERNATIVELY, YOU MAY ALSO UPDATE YOUR PREFERENCES IN OUR APPS SETTINGS.
6. SECURITY AND DATA RETENTION
1. CITYSHUTTLE has implemented administrative, physical, and electronic measures designed to protect your information from unauthorized access, modification, and unavailability. CITYSHUTTLE will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of your Personal Data and, where we consider appropriate or where required by applicable law, notify you via email, text or conspicuous posting on the Websites in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
2. Although guaranteed security does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Policy and all applicable laws and regulations.
3. Where CITYSHUTTLE has given you (or where you have chosen) a username, login or password which enables you to access certain parts of the Websites and/or the Apps, you are responsible for keeping this information confidential. CITYSHUTTLE asks you not to share a username, login, or password with anyone, and not to reuse the same password across multiple websites.
4. CITYSHUTTLE restricts access to your Personal Data to individuals who need access to it in order to process it on CITYSHUTTLE’s behalf. These individuals, where employees, are bound by confidentiality agreements and CITYSHUTTLE will take appropriate action (which may include disciplinary proceedings) in the event CITYSHUTTLE finds that its employee(s) has failed to meet standards in looking after your Personal Data. CITYSHUTTLE cannot accept any liability for employees or agents acting outside the normal course of their employment or the terms of their agency agreement, or for captains or any third-parties with whom your Personal Information may be shared who act outside of the terms of our contracts with them.
5. We will retain your Personal Information only for as long as necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws.
6. In general, this means that we store your data throughout the existence of your account with us or for as long as is otherwise required to deliver our Services, except where we have a lawful basis for saving it for an extended period of time (for instance, after fully executing a contract, we may still have a legitimate interest in using your contact details for marketing purposes). We also retain the data we need for the execution of pending tasks and the data we need to investigate and realize your complaints or queries, or our legal rights and our claims, as well as certain data that we must store for a legally mandatory period of time. When certain data is only saved due to a legally mandatory preservation term, the processing of it by us is limited, even where you do not specifically request this.
7. DISCLOSURE AND SHARING OF YOUR INFORMATION
1. We know how important it is to keep your information confidential. We will not rent, sell or share your Personal Information with third-parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Policy.
2. If you do not want us to use or disclose certain Personal Information collected about you in the ways identified in this Policy, you may choose not to (i) provide your Personal Information at any time (unless it is mandatory for the Services); (ii) download the Apps; (iii) consent to the placement of non-essential cookies (see the Cookies Notice).
3. In addition to using the information collected by us for the purposes described in section 4 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.
4. Passengers and Captains
1. We share certain information about passengers (including but not limited to name, pickup and drop-off locations, route information, profile picture) with captains to enable the scheduling and provision of the Services.
2. We share certain information about captains (including but not limited to name, rating, location, profile picture, license plate number, fleet information, birthday week) with passengers to enable the scheduling, provision, and receipt of the Services.
3. We share certain information about captains (including but not limited to name, rating, location, profile picture, license plate number, fleet information, birthday week) with passengers to enable the scheduling, provision, and receipt of the Services.
5. Service Providers
We also share Personal Information with vendors, payment providers, transportation providers, promotion companies, sponsorship companies, software providers, consultants, market researchers and other third parties who perform services using the Websites or Apps or on behalf of CITYSHUTTLE. As an example, we share Personal Data with companies that provide sms and in-app service notifications, email services, and hosting services. We also share Personal Information with third-parties that provide analysis, monitoring, and reports to assist us in preventing and detecting fraudulent transactions and other activity. CITYSHUTTLE has selected companies who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of CITYSHUTTLE.
6. Compliance with Laws, Law Enforcement and Safety
We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend CITYSHUTTLE’s, or a third-party’s, rights or property. We may also reserve the right to disclose information we’ve collected about you for purposes of protecting the health and safety of the passengers and captains, such as in the case of risk of harm or violence against any person. Finally, we may also disclose information in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of CITYSHUTTLE, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7. Anonymous Information
Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other users ("Aggregated Anonymous Information"). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third-parties to further the purposes described herein, or for other commercial purposes, in our sole discretion.
8. Within CITYSHUTTLE
We may share all or some of your Personal Information with any of our parents, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honour this Policy.
9. Business Transactions
Additionally, in the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, including in the unlikely event of bankruptcy, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Policy.
9. LOCATION OF YOUR INFORMATION
1. Your Personal Information may be disclosed to other CITYSHUTTLE entities and third-parties (including service providers) in jurisdictions including, but not limited to: British Virgin Islands, Egypt, Kenya, Pakistan and United Arab Emirates.
2. Consequently, the data that CITYSHUTTLE collects from you may be transferred to, and stored in, a country that is not considered to offer an adequate level of protection under your local laws. It may also be processed by staff operating outside of your country of residence who work for CITYSHUTTLE or for one of its suppliers, service providers or partner entities. By submitting your Personal Information, you acknowledge, and, where necessary under local laws, agree to, this transfer, storing or processing.
3. CITYSHUTTLE may also make disclosures of your Personal Information to government entities, courts, or regulators in other countries, where these are disclosures anticipated by section 6. In this context, we may rely on the fact that a disclosure to a court or administrative authority is based on an international agreement, which provides a legal basis for the transfer.
4. CITYSHUTTLE will take appropriate steps to ensure that your Personal Information is treated securely and in accordance with applicable Privacy Laws and this Policy. This may include putting in place data transfer agreements or ensuring that CITYSHUTTLE or third parties comply with contractual obligations or other data transfer mechanisms or schemes. If you are located in the EU, you have a right to request to obtain further information about the data transfer mechanisms used to transfer your Personal Information to third countries.
10. YOUR RIGHTS
1. Subject to applicable law, you may have some or all of the following rights in respect of your Personal Information:
1. Access to own Personal Information: You may also have the right to obtain a copy of the Personal Information held about you, and to be informed of certain details, such as (a) the source of your Personal Information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your Personal Information may be transferred.
2. Accuracy and right of rectification: CITYSHUTTLE seeks to ensure that your Personal Information is accurate, complete and kept up-to-date to the extent reasonably necessary for the purposes described herein. You also have the ability to update the information we hold about you through your CITYSHUTTLE account. If the Personal Information is incorrect, incomplete, or not processed in compliance with applicable law or this Policy, you may have the right to have your Personal Information rectified or deleted in accordance with applicable law.
3. Right to object: In certain circumstances (e.g., where your Personal Information is processed on the basis of CITYSHUTTLE’s legitimate interests), you may have the right to object to the processing of your Personal Information on the basis of compelling grounds related to your particular situation and in accordance with applicable law.
4. Right to prevent direct marketing: You may have the right to request that CITYSHUTTLE does not process your personal data for marketing purposes. In such a case, you can control your initial marketing preferences by ticking the relevant box situated within the Apps settings or an ‘unsubscribe’ link within a marketing email. Thereafter, you can follow the opt-out links or unsubscribe directions in emails or SMS messages.
Right to withdraw consent: If the processing of your Personal Information is based on your consent, you may have the right to withdraw your consent to such processing at any time. It is worth noting that the withdrawal of consent has no impact on earlier processing on such basis and does not prevent CITYSHUTTLE from invoking another legal basis for the processing of the relevant Personal Information.
5. Right to lodge a complaint: You may have the right to lodge a complaint before the relevant data protection authority or supervisory authority.
2. To exercise these rights, where applicable, please contact CITYSHUTTLE legal@CITYSHUTTLE-EGYPT.com or use the appropriate functionality in the Apps.
3. We may ask you for additional information to confirm your identity and for security purposes before complying with your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
4. Some rights may be subject to exemptions created by applicable law or may only be exercisable in certain circumstances. We will communicate openly with you to help you to understand whether, and to what extent, a right is exercisable. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.
11. THIRD PARTY WEBSITES
From time to time CITYSHUTTLE may post links to third-party websites on the Websites and/or the Apps. These links are provided as a courtesy to CITYSHUTTLE’s users and visitors and are not administered or verified in any way by CITYSHUTTLE. Such links are accessed by you at your own risk and CITYSHUTTLE makes no representations or warranties about the content of such websites including any cookies used by the website operator. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that CITYSHUTTLE does not accept any responsibility or liability for these policies. As a result, CITYSHUTTLE strongly recommends that you read the privacy policies of any third-party websites before you provide any personal data to them.
Neither the Websites nor the Apps are directed or targeted to children under the age of 18, and CITYSHUTTLE does not knowingly collect personally identifiable information from children under the age of 18. CITYSHUTTLE requires users under 18 years of age to obtain the consent of a parent or guardian, to view the Websites or use the Apps or the Services. If CITYSHUTTLE learns that a child under 18 years of age has provided personally identifiable information to the Websites or the Apps, it will use reasonable efforts to remove such information from its files. No part of our Service is directed towards children under the age of 18 and we do not want Personal Information from children under the age of 18. If you believe that a child under 18 years of age has given us Personal Information, please contact CITYSHUTTLE legal@CITYSHUTTLE-EGYPT.com .
CITYSHUTTLE may change this Policy from time to time. Any changes CITYSHUTTLE may make to this Policy in the future will be posted on this page and, where CITYSHUTTLE deems appropriate, notified to you (usually within the Apps or by email). You are therefore invited to check it each time you send CITYSHUTTLE Personal Information. The date of the most recent revisions will appear on this page.
Questions, comments, and requests regarding this Policy are welcomed and should be addressed legal@CITYSHUTTLE-EGYPT.com.