Terms and Conditions
1. Terms and Conditions
This following user agreement explains the terms and conditions in which Aride offers you access to the Aride Application.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Aride (“Aride,” “we,” “us” or “our”), is a subsidiary of Aride Operations Pty Ltd, governing your use of the Aride application, website, and technology Application (collectively, the “Aride Application”).
The Aride Application provides a marketplace where persons who seek transportation (of persons or cargo) to certain destinations (“Passengers”) can be linked with persons driving to or through those destinations (“Contractors”). Contractors and Passengers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Aride Application. For purposes of this Agreement, the driving services provided by Contractors to Passengers that are matched through the Application shall be referred to collectively as the “Services”.
It is up to the Contractor to decide whether or not to offer a Fare to a Passenger contacted through the Aride Application, and it is up to the Passenger to decide whether or not to accept a Fare from any Contractors contacted through the Aride Application. Any decision by a User to offer or accept Services once such User is matched through the Aride Application is a decision made in such User’s sole discretion. Each transportation Service provided by a Contractor to a Passenger shall constitute a separate agreement between such persons.
By generating a User account and using the Aride Application, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Aride Application or the Services.
2. Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement.
You are responsible for regularly reviewing this Agreement. Continued use of the Aride Application or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Aride Application or the Services.
The Aride Application is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Aride Application is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated.
By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. This does not exclude passengers under the age of 18 that have had the service booked by a Aride Application user on their behalf.
In New South Wales, Contractors must hold a current ‘T’ code on their license, or be transferred under the previous system, to utilise the Aride Application. In accordance with New South Wales legislation any Contractor who has a ‘notifiable incident’ must advise Aride in the first instance by calling 1300 465 844.
As a Passenger, you agree that any amounts charged following a Fare (a “Charge”) are mandatory and due and payable immediately upon completion of the Fare. Charges include Fare Fees and other applicable fees, tolls, surcharges, and taxes as set forth on the Aride website (https://www.Aride.com.au), plus any tips to the Contractor that you elect to pay. Aride has the authority and reserves the right to determine and modify pricing by posting applicable Charges or changes on the Aride website. You are responsible for reviewing the applicable fare on the Aride website and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fare Fees. These consist of a base price and incremental charges based on the duration and distance of your Fare. For particularly short Fares, minimum Fare Fees may apply. For Aride Shuttle Fares and select routes, Fare Fees may be quoted in advance.
Cancellation Fee. In the event that you cancel a Fare request on the Aride Application more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your Fare within 3 minutes, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled Fares to disrupt the Aride Application or the provision of Services.
Damage Fee. If a Contractor reports that you have materially damaged the Contractor's vehicle, you agree to pay a “Damage Fee” depending on the extent of the damage (as determined by Aride in its sole discretion), towards vehicle repair or cleaning. Aride reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Other Charges. Other fees, tolls, and surcharges may apply to your Fare, including: actual airport fees, parking fees, and tolls. In addition, where required by law Aride will collect applicable taxes including the Goods and Services Tax and government levies on Point to Point Transport. Any tips will be provided entirely to the applicable Contractor.
Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (being Stripe, Inc., or Braintree, a division of PayPal, Inc.). Aride may replace its third-party payment processing services without notice to you. Charges can be made through the Aride Application., via a Contractors mobile EFTPOS facility or via Cash payment to the Contractor.
Charges are assessed immediately following completion of the Fare to your authorised payment method. Aride abides by Australian Consumer Protection Laws in relation to refunds. This policy shall apply at all times regardless of your decision to terminate usage of the Aride Application, any disruption to the Aride Application or Services, or any other reason whatsoever.
Promotions. Aride, at its sole discretion, may make available promotions with different features to any of our Passengers or prospective Passengers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Aride.
Credit Card Authorisation. Upon addition of a new payment method or each Fare request, Aride may seek authorisation of your selected payment method to verify your payment method, ensure the Fare cost will be covered, and protect against unauthorised behaviour.
The authorisation is not a charge, however, it may reduce your available credit by the authorisation amount until your bank’s next processing cycle.
Should the amount of our authorisation exceed the total funds on deposit in your account, you may be subject to overdraft charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Contractors receive fare fees, net of Aride's service fee and any government or regulatory body fees that Aride is required to collect on behalf of that body.
You expressly authorise Aride to set the prices for services for all charges that apply to the provision of Services on your behalf. Aride reserves the right to withhold all or a portion of Fare Fees if it believes that you have attempted to defraud or abuse Aride or Aride’s payment systems.
As a part of being a Aride Contractor you to offer your services through the Aride Application and marketplace as a Contractor and and permit Aride to retain a fee based on service fee per ride completed. The amount of the applicable service fee varies based on area of operation and technologies or promotions in that area of operation.
Aride reserves the right to change the service fee at any time at Aride’s discretion. Aride will provide you with notice in the event of such change. Continued use of the Aride Application after any such change in the service fee calculation shall constitute your consent to such change.
Aride, at its sole discretion, may make available promotions with different features to any Contractors or prospective Contractors. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Aride.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the mobile telephone number you provided to us.
6. Your information
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Aride Application to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Aride does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorised user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Aride for accessing the Aride Application. You are solely and fully responsible for all activities that occur under your User account, and Aride expressly disclaims any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorised party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
7. Restricted Activities
With respect to your use of the Aride Application and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any Act, or Regulation under delegated authority of any legislation
interfere with or disrupt the Services or the Aride Application or the servers or networks connected to the Aride Application;
post Information or interact on the Aride Application or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Aride Application 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;
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;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Aride Application;
“frame” or “mirror” any part of the Aride Application, 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; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Aride Application or any software used on or for the Aride Application;
rent, lease, lend, sell, redistribute, license or sublicense the Aride Application or access to any portion of the Aride Application;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Aride Application or its contents;
create liability for us or cause us to become the subject of prosecution
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party; or
cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
8. Contractor Representations and Warranties
By providing Services as a Contractor on the Aride Application, you represent, warrant, and agree that:
You possess a valid Contractor’s license and are authorised and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to Aride, and you will not transport more passengers than can securely be seated in such vehicle.
You have a valid green slip insurance policy and a minimum of Third Party Property Protection for business use that names or schedules you for the operation of the vehicle you use to provide Services.
You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages
In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable law or statutory requirements, for reporting the accident to Aride and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
You will pay all applicable taxes based on your provision of Services and any payments received by you with the exception of state government levies on rideshare which is paid by Aride
You will not make any misrepresentation regarding Aride, the Aride Application, the Services or your status as a Contractor associate, or, while providing the Services, operate as a public carrier or taxi service (unless authorised to do so), accept street hails (unless authorised to do so), charge for fares (except as expressly provided in this agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this agreement.
You will not attempt to defraud Aride or Passengers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fare Fees or other payments for the Fare(s) in question.
You will not discriminate 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. You will make reasonable accommodation for service animals and understand that refusing transport of a passenger with a service animal may result in infringement or legal action
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorisations to facilitate our access to such records during the term of the Agreement.
9. Proprietary Rights and Trademark License
All intellectual property rights in the Aride Application shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Aride Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Aride. Aride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
GO BUGGY, its logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Aride in Australia and/or other countries (collectively, the “Aride Art”). If you provide Services as a Contractor, Aride grants to you, during the term of your subscription, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Aride Arts solely in connection with providing the Services through the Aride Application (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Aride’s prior written permission, which it may withhold in its sole discretion. The Aride Arts may not be used in any manner that is likely to cause confusion.
You acknowledge that Aride is the owner and licensor of the Aride Arts, and that your use of the Aride Arts will confer no additional interest in or ownership of the Aride Arts in you but rather inures to the benefit of Aride. You agree to use the Aride Arts strictly in accordance with Aride’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Aride determines to nonconforming or otherwise unacceptable.
You agree that you will not:
create any materials that incorporate the Aride Arts or any derivatives of the Aride Arts other than as expressly approved by Aride in writing;
use the Aride Arts in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Aride Arts other than in accordance with the terms, conditions and restrictions herein;
take any other action that would jeopardize or impair Aride’s rights as owner of the Aride Arts or the legality and/or enforceability of the Aride Arts, including, without limitation, challenging or opposing Aride’s ownership in the Aride Arts;
apply for trademark registration or renewal of trademark registration of any of the Aride Arts, any derivative of the Aride Arts, any combination of the Aride Arts and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Aride Arts;
use the Aride Arts on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Aride’s sole discretion. If you create any materials bearing the Aride Art (in violation of this Agreement or otherwise), you agree that upon their creation Aride exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Aride Art or derivative works based on the Aride Art. You further agree to assign any interest or right you may have in such materials to Aride, and to provide information and execute any documents as reasonably requested by Aride to enable Aride to formalise such assignment.
The following disclaimers are made on behalf of Aride, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Aride Application is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Aride Application and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state or territory.
We do not warrant that your use of the Aride Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Aride Application will be corrected, or that the Aride Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Aride Application or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Contractor or Passenger will complete an arranged transportation service.
We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the Aride Application and Services, including looking at the photos of the Contractor or Passenger you have matched with to make sure it is the same individual you see in person.
Please note that there are also risks of dealing with underage persons or people acting under false pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Aride Application by persons under the age of 18 in violation of this Agreement.
We encourage you to communicate directly with each potential Contractor or Passenger prior to engaging in an arranged transportation service.
Aride is not responsible for the conduct, whether online or offline, of any User of the Aride Application or Services. You are solely responsible for your interactions with other Users.
We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Contractors or Passengers.
By using the Aride Application and participating in the Services, you agree to accept such risks and agree that Aride is not responsible for the acts or omissions of Users on the Aride Application or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Aride Application (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you.
We are not responsible for the use of any personal information that you disclose to other Users on the Aride Application or through the Services. Please carefully select the type of information that you post on the Aride Application or through the Services or release to others.
We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorised users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Aride Application, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Aride Application or otherwise disseminated by third parties.
We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Aride Application and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Aride Application contains (or you may be sent through the Aride Application) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Aride Application.
Location data provided by the Aride Application 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 Aride, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Aride Application. Any of your Information, including geolocational data, you upload, provide, or post on the Aride Application may be accessible to Aride and certain Users of the Aride Application.
This paragraph applies to any version of the Aride Application that you acquire from the Apple App Store. This Agreement is entered into between you and Aride. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Aride Application. Aride, not Apple, is solely responsible for the Aride Application and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of the Aride Application and participation in the Services, including:
your breach of this Agreement or the documents it incorporates by reference;
your violation of any law or the rights of a third party, including, without limitation, Contractors, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party;
any allegation that any materials that you submit to us or transmit through the Aride Application or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Contractor; and/or
any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. Limitation of Liability
In no event will we, our affiliates, or each of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Aride Application, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Aride Application, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your communicating with or meeting other Users of the Aride Application or Services, even if we or our agents or representatives know or have been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
In the event that you have a dispute with one or more Users, you agree to release Aride (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Aride Application or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
14. Term and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1.
You may discontinue your use of the Aride Application or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Passenger and/or Contractor), or revoke your permission to access the Aride Application, at any time, for any reason. We reserve the right to refuse access to the Aride Application to any User for any reason not prohibited by law.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Aride’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Aride for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Aride in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Aride with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Aride or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Aride; becomes known to you, without restriction, from a source other than Aride without breach of this Agreement by you and otherwise not in violation of Aride’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Aride to enable Aride to seek a protective order or otherwise prevent or restrict such disclosure.
16. No Agency
You and Aride are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
17. Notices or Complaints
Except as explicitly stated otherwise, any notices to Aride shall be given by mail, postage prepaid to:
PO Box 745
Coffs Harbour NSW 2450
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Aride Application or given to you via the email address you provide to Aride during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give your notice by certified mail, postage prepaid, to the address provided to Aride during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Aride Application, you should first contact our Customer Service Department through our support centre via email at team@Aride.com.au.
This Agreement shall be governed by the laws of Australia without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Aride, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Aride with respect to the subject matter hereof.