Effective Date: Sep 15, 2019
These terms of service (hereinafter referred to as the "Passenger Terms") govern your (hereinafter referred to as "you", "your", "Passenger") access or use of the Viggo services and products - including, but not limited to - transportation services, software applications, websites.
In these Passenger Terms, the words "including" and "include" mean "including, but not limited to".
In these Passenger Terms, the words "we", "us" and "ours" refer to Viggo.
"App" means the software application and related services provided by Viggo to you pursuant to the terms and conditions set in these Passenger Terms.
"Website" shall mean www.viggo.io and www.viggo.com and subdomains of these domains.
PLEASE READ THESE PASSENGER TERMS CAREFULLY, AS THEY (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VIGGO.
The Service (as defined in 2.1 below) is supplied by Viggo Denmark ApS (registration number: 40547746), a corporation situated at Tømmergravsgade 4, 2450 København SV, Denmark (hereinafter referred to as the "Viggo").
1. Welcome to Viggo
1.1 These Passenger Terms apply between you and Viggo in relation to the provision of the Service (as defined in clause 2.1 below) from such time as you register and set up an account with Viggo.
1.2 It is important that you read and understand the Passenger Terms before using the Service (as defined in clause 2.1 below). By using and accessing the Service, you agree to these Passenger Terms. If you do not agree to these Passenger Terms, please do not use the Service.
2. Viggo Services
2.1 Viggo operates a free platform (the "Service") that allows you to request, book and pay for passenger transportation services (the "Ride", "Rides") using the Viggo software application (the "App") available for download on your mobile device and for licensed drivers ("Drivers") to provide the Rides to you.
2.2 When you submit a booking request for Rides through the App, Viggo will process your request and may accept your booking (depending on your location and payment history) for the purpose of finding and allocating you a Driver willing and able to fulfill your Ride request.
2.3 Once an individual Driver confirms that they will complete your Ride, you will enter into a separate agreement with the Driver for the provision of the Ride on such terms and conditions as you agree with the Driver. Viggo does not provide Rides and is not a party to your agreement with the relevant Driver.
2.4 You may cancel your booking request for a Ride any time before you begin your Ride by informing the Driver through the applicable functionality available on the Service. However, if you:
(a) cancel your booking request more than 3 minutes after your Ride was successfully allocated by Viggo to a Driver, or
(b) are late to meet your Driver at the pick-up location at time you selected on the App,
Viggo Denmark ApS may charge you a cancellation fee of 50 kr.on behalf of the Driver.
2.5 Viggo may, from time to time, provide social features on the Service, such as the ability to contact, rate and review the Driver. Any use of such social features should comply with our Rules of Acceptable Use below.
3. Accessing the Service
3.1 To access the Service, you must:
(a) be at least 18 years old;
(b) download the App on your mobile device (the App is free from either the Google App Store or the Apple App Store);
(c) register a Viggo account with a phone number and an email address (your "Account"); and
(d) accept these Passenger Terms and any relevant App store terms; and
(e) treat your driver with respect, courtesy, and decency -- as you would expect to be treated as a Passenger.
3.3 You must provide Viggo Denmark ApS with valid and up-to-date credit or debit card details in order to use your Account to utilize the Service. You authorize Viggo Denmark ApS to charge such credit or debit card for the Fares incurred via your Account and hereby confirm that the details you provided are accurate and that you have the right to use a credit or debit card provided.
3.4 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should immediately contact Viggo at firstname.lastname@example.org.
4. Your right to use the Service
4.2 Unless allowed by these Passenger Terms and as permitted by the functionality of the Service, you agree:
(a) not to copy the App or any portion of the Service;
(b) not to give or sell or otherwise make available our App or any portion of the Service to anybody else;
(c) not to change the App or any portion of the Service in any way; and
(d) not to look for or access the code of the App or any portion of the Service that Viggo has not expressly published publicly for general use.
4.3 You agree that you have no rights in or to the App or any portion of the Service other than the right to use them in accordance with these Passenger Terms.
4.4 All intellectual property rights in the Service, its content and any related documentation existing anywhere in the world belong to Viggo or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Viggo's prior written consent. You will not have any rights of ownership in the Service, it's content or any related documents other than the right to use it in accordance with these Passenger Terms.
5. Taking a Ride
5.1 By requesting a Ride, you agree to enter into a further agreement with your Driver to take (or to authorize another person to take) and pay for the Ride you have requested.
5.2 You acknowledge that while undertaking the Ride:
(a) your Driver may take any reasonable route to your requested pickup, waypoint or destination and Viggo does not set any route restrictions;
(b) you may amend your route in consultation with your Driver;
(c) an extraordinary situation (such as mechanical breakdown or civil emergencies) may result in your Driver being unable to complete your Ride;
(d) you will not consume or carry drugs or alcohol in the vehicle;
(e) you will not carry or use weapons in the vehicle; or
(f) you will not use, incite or encourage violence, racism or discrimination in any form.
5.3 You agree that while you are a Passenger of any Ride you will treat your Driver with respect, courtesy and decency -- as you would expect to be treated as a Passenger. Any failure to abide by these Passenger Terms may affect your ratings, entitle Viggo to suspend or terminate your access to the Service or may be escalated to Viggo or the relevant authorities.
5.4 Viggo expects a high standard of service and professionalism from the Drivers. Please let us know at email@example.com or through the App if you have not had a satisfactory Ride.
6.1 Viggo Denmark ApS processes all payments in relation to the App, including invoicing, taking payment from you, refunding Passengers (where appropriate) and remitting payment to Drivers ("Payment Services").
6.2 You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Viggo will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
6.3 All Charges and payments will be enabled by Viggo using the preferred payment method designated in your Account, after which you will receive 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 Viggo may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by Viggo.
6.4 Viggo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Viggo's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Viggo 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.
6.5 You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee.
6.6 As part of your request for a Ride, the App will provide you with an estimate of the fare you will be charged for the provision of the Ride (the "Estimate"). This Estimate is provided for your reference only and the actual Fare may vary due to journey fees, tolls, time, duration, distance traveled, any changes agreed with your Driver or any surge pricing.
6.7 Before your request is registered, Viggo may place a temporary hold (authorize payment) on your card to ensure the full amount of the ride is available for Viggo to collect once the ride is completed.
6.8 Once a Driver has completed your Ride, Viggo Denmark ApS will charge you fare on behalf of the Driver for each completed Ride taken through the Service ("Fare"). The Fare will be determined by the Software, having regard to the actual journey time, any surge pricing, fees, tolls, duration and distance traveled.
6.9 Viggo may retry to charge your card again if the payment for the ride was not successful, this happens automatically and without further notice to you.
6.10 Viggo 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 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 Services or the Charges applied to you.
6.11 If, due to no fault of Viggo Denmark ApS or its Service, Viggo Denmark ApS is unsuccessful in charging a Fare or any other amount to your credit or debit card, Viggo will inform you and Viggo may suspend or temporarily disable all or part of your access to the Service (without any responsibility to you), and Viggo shall be under no obligation to provide any or all of the Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to either Viggo or Viggo Denmark ApS (as the Payment Services Provider).
6.12 After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback.
7. Apple App Store Provisions
7.1 This clause 7 applies where the App has been acquired from the Apple App Store.
7.2 In addition to these Passenger Terms, you also agree that:
(a) the Passenger Terms are solely between you, Viggo Denmark ApS and Viggo, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or its content. Your download and use of the App must comply with the Apple App Store Terms of Service;
(b) the license granted to you to use the App is limited to a non-transferable license to use the App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service;
(c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Passenger Terms and any law applicable to Viggo as provider of the App;
(e) Viggo, not Apple, is responsible for addressing any claims of yours or any third party relating to the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and all such claims are governed solely by the Passenger Terms and any law applicable to Viggo as provider of the App;
(f) in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Viggo, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Passenger Terms;
(g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties;
(h) you must comply with any applicable third party terms when using the App; and
(i) Apple, and Apple's subsidiaries, are third-party beneficiaries of the Passenger Terms as relates to your license of the App, and that, upon your acceptance of the Passenger Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Passenger Terms as relates to your license of the App against you as a third-party beneficiary thereof.
7.3 If there is any conflict between these Passenger Terms and the Apple App Store terms of service, the Apple App Store terms of service shall take priority.
7.4 You may only use the App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).
8. Google Play Store Provisions
8.1. This clause 8 applies where the App has been acquired from the Google Play Store. In addition to these Passenger Terms, you also agree:
(a) to comply with any applicable terms of service of the third party provider of your device as well as Google, Inc's ("Google") Play Store Terms of Service;
(b) that Google has no responsibility to undertake or handle, support and maintenance of the App, and any complaints about your App.
(c) Google has no responsibility or liability to you with respect to the App;
(d) you acknowledge and agree that Google is a third-party beneficiary to the Passenger Terms as it relates to the App; and
(e) you must comply with all domestic and international export laws and regulations that apply to you and your use of the App.
9. Your content
9.1 You confirm that any text, images or any other information that you provide to Viggo whilst using the Service ("User Content") will meet the Rules of Acceptable Use (as defined in clause 10 below).
9.2 Viggo does not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner). You grant Viggo a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Service (including, where applicable, allowing other users to view your User Content).
9.3 You must ensure that you are able to grant us the above license for any content owned by a third party that you include in your User Content.
9.5 The Service makes available third-party content, such as User Content. Viggo is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where Viggo considers that it breaches any of the Rules of Acceptable Use.
10. Rules of Acceptable Use
10.1 In addition to the other requirements within these Passenger Terms, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
10.2 When using the Service (including, where relevant, the Ride) you must not:
(a) circumvent, disable or otherwise interfere with any security-related features of the Service;
(b) permit another person to use the Service on your behalf unless such person is authorized by you;
(c) use the Service if Viggo has suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Service;
(f) misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
(g) collect any data from the Service other than in accordance with these Passenger Terms;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(k) submit or contribute any information or commentary about another person without that person's permission;
(l) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(m) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time.
10.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Passenger Terms, and may result in Viggo taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e) disclosure of such information to law enforcement authorities as Viggo reasonably feel is necessary.
10.4 The responses described in paragraph 10.3 are not limited, and Viggo may take any other action Viggo reasonably deems appropriate.
11. Ending our relationship
11.1 If at any time you do not feel that you can agree to these Passenger Terms or any changes made to the Passenger Terms or the Service, you must immediately uninstall the App and stop using the Service.
11.2 If you would like to delete your Account, please use functionality provided in the App or send us an email at firstname.lastname@example.org.
11.3 Viggo may immediately end your use of the Service if you breach these Passenger Terms or Viggo considers it necessary to protect the integrity of Viggo or the safety of Viggo staff or its affiliated Drivers.
11.4 Viggo may withdraw the Service as long as Viggo gives you reasonable notice that it plans to do this.
11.5 If the relationship is terminated or Viggo withdraws the Service as described in this section, Viggo may delete your User Content or any other information it holds about you. You will also lose any rights you have to use the Service or to access any content provided by us under the Service, any content provided by Drivers or your User Content. Viggo will not offer you compensation for any resulting losses.
11.6 The termination of your use of the Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to Viggo Denmark ApS.
12. Our liability/responsibility to you
12.1 Nothing set out in these Passenger Terms purports to limit liability or restrict your rights as a consumer that cannot be so limited or restricted under the applicable law.
12.2 All Drivers undergo verification, training and checks before they are able to be affiliated with Viggo and provide Rides to you through the App. However, you acknowledge that riding in vehicles is inherently dangerous and Viggo (and/or any of its affiliates) has no liability or responsibility to you in relation to any Ride provided by Drivers.
12.3 The Service, it's content and functionality, are provided on an "as is" and "as available" basis, and, to the fullest extent permitted by law, Viggo and its affiliated companies make no promises, whether express or implied, with respect to the Service, it's content or functionality.
12.4 Viggo and its affiliate companies do not make any promise that access to the Service will be uninterrupted or error-free. Viggo makes no representation, warranty or guarantee regarding the reliability, timeliness, suitability or quality of the Service. To the maximum extent permitted under applicable law, you agree to accept sole responsibility for any risk arising out of your use of the Service or any Ride contracted for through the Service.
Limitation of Liability
12.5 To the maximum extent permitted under applicable law, Viggo and/or any of its affiliated companies, representatives, directors, and employees are not liable for any loss or damage that you may incur under, or in connection with, these Passenger Terms or as a result of using, or relying on, the Service (including any Ride contracted for through the App), including but not limited to:
(a) any direct or indirect property damage or monetary loss;
(b) loss or inaccuracy of data; and
(c) any other type of indirect, special or consequential loss or damage.
Your indemnity of Viggo and Viggo Denmark ApS.
12.6 You agree to fully indemnify and hold Viggo and Viggo Denmark ApS, their affiliated companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Service (including the Rides you obtain through your use of the Service), including those claims or losses result from:
(a) your breach of these Passenger Terms or documents incorporated by reference;
(b) your violation of any law or the rights of a third party, including, without limitation, the Driver, your co-passengers, other motorists, and pedestrians, as a result of your interaction with such third party; or
(c) Viggo's use of your User Content or any allegation that your User Content infringes or otherwise violates the rights (including intellectual property rights) of any third party.
13. Resolving disputes
13.1 If you have a dispute with Viggo or Viggo Denmark ApS relating to the Service or payment processing, including disputing a Fare, in the first instance please contact email@example.com and attempt to resolve the dispute with Viggo or Viggo Denmark ApS (as applicable) informally.
13.2 In the unlikely event that the parties have not been able to resolve a dispute informally, Viggo will discuss and agree with you the most effective way of resolving the dispute.
14.1 Enforceability and waiver: If any provision of these Passenger Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Passenger Terms shall not be deemed a waiver of such term.
(a) In order to ensure that Viggo is a market leader, it is constantly updating and improving the Service. This may include updating or deleting certain elements of the Service and this may impact on your use of the Service or your User Content. If Viggo makes any changes to the Service, your continued use will be deemed acceptance of the changes. You may stop using the Service at any time.
(b) Viggo may from time to time also amend these Passenger Terms. Viggo will normally notify you in advance before the new Passenger Terms become effective. Your continued use of the Service after the revised terms become effective will be deemed acceptance of the terms.
15. Contact, feedback, refunds, and complaints
15.1 If you need to contact Viggo or Viggo Denmark ApS in relation to these Passenger Terms or any other document mentioned in them, you can contact Viggo and Viggo Denmark ApS at the support center (available at viggo.com) or send us an email at firstname.lastname@example.org.
15.2 Viggo values hearing from its users and is always interested in learning about ways Viggo can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that Viggo may use and allow others to use it without any restriction and without any payment to you.
15.3 If you have a complaint about the cost for a Ride, you are kindly invited to send such complaint to our customer service via email to email@example.com. If the complaint is justified and accepted by Viggo, the amount shall be refunded to the same account that you used for paying for the Ride.