terms of use content

HAPPY RIDER, INC.

IMPORTANT NOTICE TO USERS:

Thank you for choosing our Services. These terms of use constitute a legally binding agreement (the “Agreement”) between you, whether an individual or entity (“User” or “you”) and Happy Rider, Inc., its parent entities, subsidiaries, affiliates, representatives, agents, officers, and directors (collectively, the “Company” “we” “us” “our”) that will govern the use of our applications, products, technologies, websites, technologies, software, platforms, and services (collectively, “Services”).

By entering into this Agreement, and/or by using or accessing our Services, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provision in Section 19 below) and accept all of its terms and conditions. If you do not agree to accept the terms and conditions of this Agreement, you may not use or access our Services.

We reserve the right to modify the terms and conditions of the Agreement or its policies relating to the Services at any time, at our sole discretion, effective upon the posting of a modified version of these terms through the Company’s websites or any other platforms. Your continued use of our Services after these changes constitutes your acknowledgment of such changes and your agreement to be bound by the modified terms of this Agreement. If at any time you do not agree to the terms of this Agreement or any changes to the terms, you must cease your use of any of the Company’s Services.

We may terminate the Agreement or the Services for any use or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, in our sole discretion.

(Last Modified on May 6, 2024)

LICENSE TO USERS. The Company grants User a single, non-exclusive, non-transferable, non-assignable, revocable, and limited license to access and use the Services, subject to the terms and conditions of this Agreement.

USER ACCOUNT.

Account Creation. User is required to register for and maintain an active user Service account (“Account”) to use the Services. User may only possess one Account. User may create an Account through the registration form on the Services or by connecting a third-party service (e.g., Facebook, Twitter, Instagram) to the Services. User is solely responsible for the activity that occurs on their Account– this means that User is required to maintain account and device security and report any security breaches or unauthorized account usage to the Company immediately.
Minors. User must be at least the age of eighteen (18) or older to create an Account. If User is a minor in their jurisdiction, a parent or guardian may create the Account on their behalf and allow the minor child to use the Service, provided that the parent or guardian accompanies the child and is responsible for said child’s activity and safety using the Services. The Company reserves the right to request that User show a form of identification to verify his/her age if the Company or the Third-Party Provider suspects the User is a minor, in its sole discretion. If User uses the Services for his/her young child, User must properly secure and utilize a car seat or other child restraint system. Please note that if there is an incident involving minors, in addition to mandatory reporting obligations, the Company may also proactively report incidents to the applicable authorities.
Accurate Information. User must create their Account with a valid email address or phone number and accurate Account information. In certain instances, you may be asked to provide proof of age or another method of identity verification. Additionally, you must authorize your wireless carrier to use or disclose information about your Account and your wireless device, if available, to the Company or its third-party service providers to help the Company identify you or your wireless device and to prevent fraud. In order to maintain a valid Account, User must promptly update information should any changes occur.
Suspension of Accounts. The Company may, at its sole discretion, suspend or terminate User’s Account or access to the Services if User’s conduct fails to conform with this Agreement or for any other reason, in the Company’s sole determination.
Username. The Company may require User to change their username should it reflect someone else’s identity, whether User intended to impersonate that person or not, or if the Company otherwise deems the username unacceptable by community standards. User further agrees that the username chosen will not: (i) be vulgar, insulting, derogatory, or discriminatory; (ii) have sexual or pornographic connotations; (iii) contain User’s legal name or confidential information; (iv) resemble or imitate a trademark or other term protected by intellectual property laws; (v) promote a commercial service; or (vi) be spelled or combined in such a way to evade the rules above.

PRIVACY AND COMMUNICATIONS. User agrees that there is no expectation of privacy with interactions among users in and through the Services. User agrees that any messages or other communication sent from their Account or on the Services, whether in chats, forums, direct user-to-user communications, email addresses, in-app communications, push notifications, or any other medium may be accessed, reproduced, sent, or distributed by the Company as the Company decides. The Company will fully cooperate with law enforcement and other governmental entities in policing the content of the Services. User agrees that the Company is permitted to send Services-related communications through the Services or via other methods. User further agrees to receive communications that do not contain solicitation. Any marketing-related messages will have opt-out instructions. In ordering or using the Services, User further agrees that the Company or a Third-Party Provider may take pictures, or record video or audio of User and User’s properties in connection with the Service for the benefit of safety, service completion, or dispute resolution For more information regarding the Company’s use of your personal information, please see our Privacy Policy

No Account Transfers. User may not assign or otherwise transfer the Account to any other person or entity. User may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. The Company owns, has licensed, or otherwise has rights to all the content that appears on the Services, including Accounts.
Data Process; Withdrawal. After User’s Account is terminated or User requests Account’s closure, the Company may maintain Account-related information (including information from any connected third-party services) for one (1) year after termination, after which the Company will delete all such information. In certain cases, the Company may need to retain certain information to resolve disputes, enforce its agreements, and comply with technical or legal requirements related to the Services.

USER CONDUCT; PROHIBITED ACTIVITIES. User may only access or use the Services for lawful purposes. When accessing or using the Services, User is required to comply with all applicable laws in addition to the terms of this Agreement. User will not, directly or indirectly, engage in the following activities (collectively, the “Prohibited Activities”) for any reason, nor will User permit any other person or entity to engage in Prohibited Activities:
1. Harassing, annoying, imitating, fighting, bullying, defaming, stalking, or threatening any other user, third party, the Company, or member of the Company;
2. Discriminating against anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation, or making statements that are or could be taken as derogatory, offensive, slurs, hate speech, or attacks on such individuals or groups;
3. Carrying guns or other weapons or threatening any other user, third party, or member of the Company with any weapons or tools;
4. Damaging or destroying property of any other user, third party, or the Company;
5. Collecting, uploading, or distributing any personal information or description of any other user, third party, the Company, or member of the Company;
6. Engaging in vulgar or abusive language or conduct toward any other user, third party, the Company, or member of the Company;
7. Interfering with or disrupting the Services or work of the Company or any third party, or other users’ use and enjoyment of the Services;
8. Restricting or discouraging any other user from using the Services;
9. Smoking, drinking, or eating in the vehicle when using the Services;
10. Offering, attempting, or engaging in unwelcome touching or sexual advances, or other visual, verbal, or physical conduct of a sexual nature to any other user, third party, or member of the Company;
11. Treating any other user, third party, the Company, or member of the Company in a discourteous, rude, threatening, or offensive manner;
12. Failing to follow generally accepted safety or health rules and regulations or engaging in conduct that creates a safety or health hazard to any other user, third party, or member of the Company;
13. Contacting or attempting to contact another user, a Third-Party Provider, the Company, or a member of Company except as reasonably required to use the Service (no individual contact is permitted after the completion of the Services);
14. Using the Services in any way that infringes on or violates the Company’s and any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights, and publicity or privacy rights;
15. Violating any law, statute, rule, permit, ordinance, or regulation, or giving rise to civil liability;
16. Using a false contact or false identification information, impersonating or misrepresenting any person or entity or your affiliation with any person or entity, or otherwise omitting, misrepresenting, or misleading users or Company as to the origin or source of any entity accessing the Services;
17. Transferring, lending, or selling your Account, password, and/or identification or any other user’s information to any other party;
18. Commercializing, reproducing, selling, reselling, leasing, renting, transferring, distributing, hosting, or otherwise commercially exploiting the Services or any software, technologies, components, and contents related thereto (collectively, the “Licensed Software”) or otherwise using them for any purpose other than those which are permitted by the Company;
19. Modifying, hacking, making derivative works of, disassembling, decompiling, reverse compiling, and reverse-engineering the Licensed Software or any component thereof, or otherwise making use of automation (bots) or other unauthorized third-party software designed to modify the Services experience;
20. Downloading, copying, or collecting information that could be used to copy all or any part of the Licensed Software or allow access to or use of the Licensed Software by any unauthorized person or entity;
21. Uploading, transmitting, or distributing any computer viruses, worms, Trojan horses, time bombs, logic bombs, cancelbots, corrupted files, or any other software intended to damage or alter the Services, Licensed Software, or any computer system or data related thereto;
22. Sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, political campaign material, chain letters, multi-level marketing offers, or any other form of duplicative or unsolicited messages through the Services, whether commercial or otherwise;
23. Using the Licensed Software to create, collect, upload, transmit, display, or distribute any content that (i) violates the rights of any third party, (ii) is unlawful, harassing, abusive, tortious, threatening, invasive of another’s privacy, defamatory, false, misleading, pornographic, obscene, offensive, racist, harmful or is otherwise objectionable to any group or individuals, or (iii) is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
24. Bypassing any measure which we may use to prevent or restrict access to Services; and
25. Imposing an unreasonable or disproportionately large load on the Services or otherwise interfering with the Services.

The Company may take any action it deems necessary to prevent any User from engaging in Prohibited Activities or cure the effects thereof, including, without limitation, removing any material, content, or information in violation of this Agreement, suspending, limiting, or terminating User’s access to or use of the Services, or refusing any and all current or future use of the Services.

SERVICE DISCLAIMER: PLEASE NOTE THAT THE COMPANY PROVIDES THE PLATFORM TO CONNECT USER AND INDEPENDENT THIRD-PARTY PROVIDERS (DRIVERS); IT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR DELIVERY SERVICES ON ITS OWN, AND IT NOT A TRANSPORTATION CARRIER, VEHICLE-FOR-HIRE, TAXICAB OR LIMOUSINE SERVICE; IT DOES NOT OWN VEHICLES OR OTHER CARRIERS; IT IS UP TO DRIVERS TO DECIDE WHETHER OR NOT TO OFFER THE SERVICES ON OUR PLATFORM AND IT IS UP TO USER TO ACCEPT THE SERVICES ONCE SUCH USER HAS BEEN CONNECTED TO THE DRIVER THROUGH OUR PLATFORM; THE COMPANY DOES NOT EMPLOY THIRD-PARTY PROVIDER (DRIVERS) OR CONTROL THEIR MODE OR QUALITY OF WORK; AND THEREFORE, THE COMPANY IS NOT LICENSED AS TAXI COMPANY OR TRANSPORTATION CARRIER.
SERVICE SPECIFIC RULES.

In addition to other terms herein, User is bound by the following rules applicable to the respective Services of the Company.

Single Ride. When User requests the Company’s standard ride service, the Single Ride Service, the Company will provide User with information such as the estimated price of the ride, the estimated arrival time, and the driver’s name and information. User is required to review such information and confirm whether the Single Ride ride service will be suitable for his/her needs. If User proceeds to order the Single Ride Service after reviewing such information, User will be charged for the order. The order will be non-cancellable and non-refundable, whether User actually uses the Single Ride Service or not, unless the service is not fulfilled or canceled solely due to the Company’s own faults.

When using the Single Ride Service, User must be seated properly with a seatbelt and in the rear seat at all times, if possible. In addition to the Prohibited Activities, User will not engage in any activities of any nature that may interfere with or disrupt the driver’s operation of the vehicle (such as eating food, standing or moving in the car, speaking in a loud voice, putting on loud music or phone ringer sounds, etc.). In ordering or using the Single Ride Service, User agrees that in the event of an accident, the driver may take pictures or record video or voice to record the incident and use them as admissible evidence to support or defend against User’s or third-party’s claim arising from the accident. User agrees to be solely responsible for securing any personal items. User must use his/her best judgment when using the Single Ride Service. If User ever feels unsafe, User must end the Single Ride ride as soon as possible and call 911.

IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR DEATH, SICKNESS, OR INJURY OF ANY PERSON, LOSS OF OR DAMAGE TO VEHICLE OR OTHER PROPERTIES, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USER’S USE OF THE SINGLE RIDESERVICE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO USER’S USE OF THE SINGLE RIDE SERVICE SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY USER TO THE COMPANY FOR SAID SERVICE.

Designated Driver Service. In using the Designated Driver Service, User hires the designated Third-Party Provider (driver) to pick up and drive User and User’s vehicle from a designated pickup place to a designated destination. By using the Designated Driver Service, User gives permission to the designated driver to check the condition of User’s vehicle, take pictures and record video of the interior and exterior of the vehicle before and after driving, familiarize himself/herself with the vehicle’s functions and operation, and drive and operate the vehicle. User further agrees to cooperate with the driver during such process and to provide all necessary information about the car to the driver.

User must be seated properly in the rear seat with a seatbelt at all times. If User refuses or fails to do so at any time during the service, the driver may refuse to provide or stop providing the Designated Driver Service and leave the vehicle. If User engages in any Prohibited Activities or harms or attempts to harm any person or property, the driver may take pictures or record video audio to record the incidents and use them as admissible evidence in the event of any dispute. In requesting the Designated Driver Service, User represents and warrants that he/she has insurance coverage compliant with applicable laws, and User agrees that in the event of any accident during the Service, User agrees to use his/her own auto insurance coverage to recover or pay for any damages or injuries, to the extent permitted by applicable law, and to hold the Company, its directors, employees, contractors, partners, and agents free from liability for any damages or injuries that occur in connection with the vehicle. Upon any accident, User further agrees that the driver may take pictures or record video or audio to record the incident and use them as admissible evidence to support or defend against User’s or third-party’s claim arising from the accident. User agrees to be solely responsible for securing any personal items and the contents of his/her vehicle. The Designated Driver Service will be complete when the Third-Party Provider uploads the photo of User’s vehicle arrives at the designated destination and User signs on the arrival confirmation.

IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR DEATH, SICKNESS, OR INJURY OF ANY PERSON, LOSS OF OR DAMAGE TO VEHICLE OR OTHER PROPERTIES, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USER’S USE OF DESIGNATED SERVICE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO USER’S USE OF DESIGNATED DRIVER SERVICE SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY USER TO THE COMPANY FOR SAID SERVICE.

Pet Service. In using the Pet Service, User hires the designated Third-Party Provider (driver) to pick up and drive User’s pet from a designated pickup place to a designated destination. To use the Pet Service, User must provide the Company with the pet's information (name, characteristics, weight, allergies, vaccinations, behavioral information, genetic information, etc.), the recipient’s information (such as animal hospital, animal beauty shop, or other pet service provider’s name and contact information), destination, desired arrival time or appointment time, and any other instructions regarding the pet’s care and safety. In addition, User must keep the pet in a locked carrier and properly utilize any other applicable safety measures at all times as required to avoid any accident or injury to the pet, persons, or properties while using the Pet Service. User will be responsible for any injury or harm to individuals or properties that his/her pet may cause, and the Company is entitled to recover any damages arising from User’s pet’s conduct, regardless of User’s own negligence or misconduct. Pet Service will be complete when the Third-Party Provider uploads the photo of the pet delivered to the designated recipient at the designated destination on the Company’s platform and the designated recipient signs on the delivery confirmation. Two (2) minutes after the photo is uploaded, the Pet Service will be deemed to be complete, whether the recipient signs on the delivery confirmation or not.

IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST PETS, DEATH, SICKNESS, OR INJURY OF ANY PERSON OR PETS, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USER’S USE OF THE PET SERVICE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO USER’S USE OF PET SERVICE SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY USER TO THE COMPANY FOR SAID SERVICE.

Delivery Service. In using the Delivery Service, User hires the designated Third-Party Provider (driver) to pick up and drive certain items from a designated pickup place to a designated destination. To use the Delivery Service, User must provide the Company with the following information, subject to change by the Company from time to time: the pickup time, the sender’s name and contact information, the recipient’s name and contact information, and a detailed description of the item to be delivered (including its size, weight, and type, if applicable). User may use Delivery Service to deliver various household items such as furniture, appliances, and other home and personal items. However, certain items are prohibited from being transported through the Delivery Service to comply with applicable laws and ensure the safety of persons and properties, including, without limitation to, alcoholic beverages, tobacco, drugs, hemp/CBD, or illegal or restricted substances; articles of high or unusual value; articles of high personal value; ammunition; biological or chemical substances; human or animal body parts or specimens; live animals; firearms and weapons; gasoline or liquid; explosives, flammable, infectious, volatile, corrosive, or radioactive materials; skins or furs; arts and collectibles; jewelry, gems, other precious metals, cash, vouchers, tokens, credit cards, debit cards, or any payment methods; perishables or fragile items; fake or counterfeit goods; smuggled or illegal items; or any other hazardous or dangerous goods or materials (collectively, “Prohibited Items”). User will be solely liable for any costs, damages, expenses, or any other liabilities, whether criminal or civil, that may arise in connection with his/her delivering or attempting to deliver such Prohibited Items using the Delivery Service, or falsifying any delivery item information. User is solely responsible for packing the delivery items property.

Any dispute between the Third-Party Provider (driver) and User will be supported by admissible supporting evidence, such as videos, voice recordings, pictures, or documents. The Delivery Service will be complete when the Third-Party Provider uploads the photo of the item delivered to the designated recipient at the designated destination on the Company’s platform and the designated recipient signs on the delivery confirmation. Two (2) minutes after the photo is uploaded, the Delivery Service is deemed to be completed, whether the recipient signs on the delivery confirmation or not.

IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST OR DAMAGED ITEMS DURING DELIVERY, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO USER’S USE OF DELIVERY SERVICE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO USER’S USE OF DELIVERY SERVICE SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY USER TO THE COMPANY FOR SAID SERVICE.

THIRD-PARTY SERVICES. In connection with User’s use of our Services or the Licensed Software, User may acquire or obtain access to various services from third-party providers (“Third-Party Services”), including, without limitation to, drivers, application or software developers, and platform providers. The Company will not be responsible for examining, evaluating, or monitoring the content, quality, appropriates, completeness, or accuracy of any Third-Party Services and will not be liable for such Third-Party Services offered to you on our Services or the Third-Party Service Provider’s actions or omissions. User will use the Third-Party Services at his/her/its sole risk. The Company reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any Third-Party Services at any time without notice or liability to User. The Company incorporates by reference the Third-Party Terms [https://www.happyrider.us/%EB%B3%B5%EC%A0%9C-%EB%B3%B5%EC%A0%9C-policy]. In the event of a conflict in the terms of any Third-Party Term and this Agreement, the terms of this Agreement will control with respect to the Company and users.
THIRD-PARTY COMPONENTS AND SOFTWARE. Without limiting the foregoing, the Licensed Software may include Third-Party Components (as defined below), and Third-Party Software (as defined below), including, without limitation to, Adyen, authorize.net, Checkr, SendGrid, Twilio, and, Zen Payment, which may be provided from time to time in conjunction with the Licensed Software. User’s use of the Third-Party Components and Third-Party Software (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, will be made available in a text file accompanying the Software and/or, in the case of Third-Party Software, may be made available when User uses or installs the Third-Party Software for the first time. With respect to Third-Party Software provided to User by the Company, the Company is only able to provide such software with User’s understanding, acknowledgment, and agreement that such software is (a) provided as a convenience to User only; and (b) if it is not accompanied by a separate software license, it is subject to the terms and conditions of this Agreement as though it were Licensed Software, except that in all cases it is provided by the Company "AS IS" and "AS AVAILABLE" with no express or implied conditions, endorsements, guarantees, representations, or warranties. If User wishes to obtain Third-Party Software on other terms, User should acquire such Third-Party Software directly from its suppliers. In no event will such separate Agreements or additional terms and conditions between User and the supplier be binding on the Company or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, upon the Company whatsoever. To the extent that any particular Third-Party Component is covered by additional terms and conditions that provide User with rights to use, copy, distribute, or modify all or part of such Third-Party Component more broadly than the rights afforded User under this Agreement for the Software then, solely to such extent, User may exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software for which User obtained the benefit of such broader rights, provided that User provides proof of such additional rights upon the Company’s request.

"Third-Party Components" means software and interfaces licensed by the Company from a third party for incorporation into a Company software product and distributed as an integral part of the Company software product under a Company brand but does not include Third-Party Software. "Third-Party Software" means standalone software applications proprietary to a third party that are provided by the Company or its authorized distributors and are bundled with, or separately for use with, the Licensed Software.

CHARGES; PAYMENT.
1. Charge. Your use of the Services may result in charges (“Charges”) to you for the services or goods you purchase from the Company or Third-Party Provider. The Charges displayed to you through the Services may include retails prices charged by Third-Party Provider and fees paid to the Company, applicable taxes where required by laws, and/or various applicable fees depending on the type of service you request (such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees, estimated or actual tolls, and/or surcharges reasonably incurred or to be incurred by your use of the Services). With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and the Company will collect payment of those charges from you on the Third-Party Provider’s behalf as their limited payment agent, and payment of the Charges will be considered the same as payment made directly by you to the Third-Party Provider. A Third-Party Provider retains the right to request higher Charges from you for the services or goods provided to you than the charges for the same services or goods provided to others on another platform, and the charges displayed through the Services may not be the lowest prices at which the services or goods are sold.
2. Refunds. The Charges paid by you are final and non-refundable unless otherwise determined by the Company or the Third-Party Provider assessing the Charges. If you have any requests for cancellation, refunds, or returns, please visit the “Support” tab in your Account to initiate such requests within 30 days after the Charges took place, or your right to later dispute the amounts charged will be waived forever and the Company will have no further responsibility of any nature to User for such matters.
3. Charges for Damage, Cleaning, and Violation of Terms. The Company may charge you a fee on behalf of Third-Party Providers if User has caused damage to a vehicle or property that requires repair, cleaning, or replacement. The amount of such a fee will be determined, in the Company’s sole discretion, based on the type of damage and the severity of the damage. The Company reserves the right to verify or otherwise require documentation of such damage prior to assessing a fee. Additionally, if you fail to comply with this Agreement, you may be responsible for any damage arising out of or in connection with your failure to comply with this Agreement, and the Company may charge you a fee to compensate for and/or recover such damage(s).
HAPPY MONEY AND HAPPY eGIFT CARD
1. “Happy Money.” User may purchase a gift card (“Happy Money”) of varying value to pay for the Services by logging into his/her account on the Company’s application or platform. To purchase Happy Money, User must be an adult in their residential jurisdiction, which User will be required to verify on the Happy Money purchase page. From time to time, the Company may, in its sole discretion, add supplemental value to User’s Happy Money in addition to the value already purchased by User. Purchasing Happy Money may incur certain fees for certain transactions, as set forth on the purchase page. The User’s purchase of Happy Money or loading of any value thereon authorizes the Company to charge the User’s provided payment method for the amount stated, based on the value purchased by such User. There may be a delay between the time User pays for the amount to be loaded onto his/her Happy Money and those funds being available for use. All sales are final, non-refundable, and non-exchangeable to the extent permitted by applicable laws. User can redeem any of the purchased and accumulated values of his/her Happy Money for the Services. User can check his/her Happy Money balance or transaction history on his/her account. If User’s Account is unused, disabled, suspended, or terminated for a period of twelve (12) months for any reason, any Happy Money in the Account will be placed on hold until User requests its reactivation. Happy Money does not expire.
2. “Happy eGift Card.” User may purchase a gift card (“Happy eGift Card”) of varying value on the Company’s application or platform to give to a third-party user for such user’s use of the Services. To purchase a Happy eGift Card, User must be an adult in their residential jurisdiction. User will be required to verify his/her age on the Happy eGift Card purchase page. When purchasing a Happy eGift Card, User may choose the design and value of the card, as well as the date of delivery. User will receive a confirmation email when the purchase is complete and the delivery has been received by the recipient of the Happy eGift Card. When the recipient of the Happy eGift Card registers the card on his/her account, the value of the card will be deposited as Happy Money in their account. The purchase or use of a Happy eGift Card will not be charged for any fees other than the purchase price. The User’s purchase of a Happy eGift Card authorizes the Company to charge the User’s provided payment method for the amount stated, based on the value purchased by such User on the date of purchase, not the date of the delivery of the Happy eGift Card. There may be a delay between the time User pays for the amount to be loaded onto the Happy eGift Card and those funds being available for use. A Happy eGift Card can be used only until the expiration date shown on the card and is not rechargeable. All sales are final, non-refundable, and non-exchangeable to the extent permitted by applicable laws, except upon the notification by the User within 30 days from the purchase that the value or transaction history of Happy eGift Card is incorrectly recorded due to the Company’s technology, administration, or accounting error.
3. Restrictions. Happy Money or Happy eGift Cards purchased or received have no real-world value and cannot be redeemed or refunded for cash, except as required by applicable laws. User is prohibited from selling, lending, borrowing, gifting, or transferring Happy Money or Happy eGift Cards in any way, except as provided in Sections 10(b) above.
4. Cancellation. The Company reserves the right to suspend any Happy Money or Happy eGift Cards or limit the use thereof if it determines in its sole discretion that the Happy Money or Happy eGift Cards were illegally or fraudulently obtained by User or unauthorized by the Company. The Company is not responsible for any damage, loss, larceny, and tampering with of User’s Happy Money or Happy eGift Cards.
HAPPY MILEAGE AND PROMOTION POINT.
1. “Happy Mileage.” By using the Services, User can earn redeemable virtual points (“Happy Mileage”) at the rate determined by the Company from time to time in its sole discretion. In order to earn and use Happy Mileage, User must have a valid Account and participate in certain activities specified on the Services (or as otherwise listed on the Services) as the Company changes from time to time. User can redeem accumulated Happy Mileage to pay for the Charges or to purchase certain reward items that will be listed on the Services. The specific reward items may vary from time to time as determined by the Company, and there is a limited number of any specific reward available on a first-come, first-serve basis. In some cases, the Company may substitute a selected reward for another reward of equal value. The Company will attempt to notify the affected Users if this is the case and allow Users to select another reward if possible. Once User has redeemed Happy Mileage for a reward item, the order cannot be canceled or refunded.
2. “Promotion Point”. By participating in the Company’s various promotional events or programs, User may earn redeemable virtual points, coupons, or discounts (“Promotion Point”) that User can apply toward the payment of certain Charges for the Services. If the cost of your Charges exceeds the applicable Promotion Point value, User will need to pay for the Charges remaining after Promotion Point has been applied. Promotion Point is only valid for use for one (1) year from its issuance.
3. Restrictions. Any Happy Mileage or Promotion Point earned or received by User are licensed, not owned, and User has no vested right or title therein or thereto. Happy Mileage or Promotion Point earned or received have no real-world value and cannot be redeemed or refunded for cash, except as required by applicable laws. User is prohibited from selling, lending, borrowing, gifting, or transferring Happy Mileage or Promotion Point in any way. If User’s Account is inactive, suspended, or disabled for a period of twelve (12) months, any Happy Mileage or Promotion Point earned under the Account will expire. Happy Mileage or Promotion Point cannot be used in connection with any other offers, discounts, or coupons unless specified otherwise.
4. Change or Termination. Happy Mileage or Promotion Point is offered at the discretion of the Company. The Company reserves the right to modify the Happy Mileage program or Promotion Point program, in whole or in part, including without limitation, the rules, benefits, conditions of participation, qualification criteria, or point levels, at any time, with or without notice by the Company, at its sole discretion, even though changes may affect the value of User’s status levels, benefits, or points already accumulated. In addition, the Company reserves the right to terminate the Happy Mileage or Promotion Point program(s), in whole or in part, at any time, at its sole discretion, with 30 days’ notice by the Company. User must use any unused, accumulated Happy Mileage or Promotion Point within that time period, or they will expire upon cancellation of the Happy Mileage or Promotion Point program(s). The Company may, among other things, withdraw, limit, modify, or cancel any award; increase or modify the points, or benefits associated with point status; modify point qualification criteria; modify or regulate the transferability of awards or benefits; or limit the number of awards available to users, to the extent permitted by applicable laws. User, in accumulating any benefits of any kind, should not rely upon the continued availability of (i) the benefits associated with a points status level, or (ii) an award or award level. Points may not be able to obtain all offered benefits or awards.
5. Disqualification; Cancellation. The Company reserves the right to disqualify User from participation in the Happy Mileage or Promotion Point program(s) and disable or take away any Happy Mileage or Promotion Point if, in its sole discretion, the Company believes that User is in violation of these Terms, has earned or redeemed Happy Mileage or Promotion Point by fraudulent, illegal conduct or through the Prohibited Activities, has tampered with or altered his/her Account or Happy Mileage or Promotion Point in any way, or is in any other way abusing any aspect of the Happy Mileage or Promotion Point program(s).
MODIFICATION, TERMINATION, AND MONITORING OF THE SERVICES. The Company reserves the right to modify or discontinue the Services (or any part of the Services) with or without notice at any time. User agrees that the Company will not be liable to them or any third party for any modification, suspension, or discontinuance of the Services.

The Company reserves the right to monitor the use of the Services to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any content, information, or materials, in whole or in part, at its sole discretion. The Company reserves the right to refuse access to the Services to anyone, and to disable or disqualify any user from earning or redeeming Promotion Point, for any reason, at any time.

The Company reserves the right to, but is not required to, monitor Users’ conduct and communications to evaluate the quality of Services received, compliance with the Agreement, security of the Services, or for any other reason. User agrees that such monitoring activities will not entitle them to any cause of action or other right with respect to the manner in which the Company or its affiliates or agents monitor content and other communications and enforces or fails to enforce the terms of the Agreement. Neither the Company nor any of its affiliates or agents will be liable for any costs, damages, expenses, or any other liabilities incurred by User as a result of the Company’s monitoring activities or those of its affiliates or agents.

SECURITY OF DATA TRANSMISSION AND STORAGE. Electronic communications or data using the Services may not always be encrypted. User acknowledges that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between User and the Company or between User and other parties. Additionally, User’s communications and content on the Services may be publicly available to other parties.
INTELLECTUAL PROPERTY RIGHTS. The contents, documents, information, materials, organization, graphics, images, icons, logos, designs, compilation, digital conversion, the ideas, procedures, processes, systems, methods, and concepts embodied related to the Services, or other third-party Services related in any way to the Services will be the copyrights, trademarks, Services marks, trade names, trade secrets, and/or other proprietary or intellectual property of the Company. User’s license to access or use the Services hereunder is not a sale of a copy, redistribution, use, or publication of any part of the Services and does not render User the owner of such copy, restriction, use, or publication thereof. Ownership of the Licensed Software and all related components and technologies will at all times remain with the Company, regardless of who may be deemed the owner of the tangible media in or on which the Licensed Software may be copied, encoded, or otherwise fixed, and User is strictly prohibited from using them without the Company’s written prior consent.
DISCLAIMER OF WARRANTIES. User’s use of the Services is entirely at User’s own risk without warranty of any nature.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICE AND CONTENT, IS AT USER’S SOLE RISK ONLY. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR PROMISES, WHETHER EXPRESS OR IMPLIED, OR BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SUCH SOFTWARE (IF ANY) SHALL REMAIN WITH USER AT ALL TIMES. THERE IS NO REPRESENTATION OR WARRANTY HEREIN PROTECTING USER FROM INTERFERENCE WITH YOUR ENJOYMENT OR INFRINGEMENT OF YOUR RIGHTS. THE COMPANY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICE OR CONTENT, OR ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR THAT USER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. USER ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY PROVIDERS OF THIRD-PARTY SERVICES HEREIN.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST FUNDS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES FURNISHED OR TO BE FURNISHED BY THE COMPANY, WHETHER SAID SERVICES ARE THE LICENSED SOFTWARE OR ANY THIRD-PARTY SERVICE OR CONTENT, UNDER THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY THE COMPANY UNDER THIS AGREEMENT SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT.

EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF FUNDS, GOODS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES.

THE COMPANY HAS NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSION OF OTHER USERS OR THIRD-PARTY SERVICE PROVIDERS, THE CONTENT OF THE SERVICES, OR ANY PART OF THE SERVICES, INCLUDING ERRORS OR OMISSIONS CONTAINED IN THE SERVICES, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

INDEMNIFICATION. Each User agrees that it will indemnify, defend and hold harmless the Company, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by User in this Agreement, (ii) any failure by User to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of User, (iv) any failure of User to comply with any Applicable Law, or (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of User under this Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of User under this Article will survive the expiration or termination of this Agreement.
PERSONAL INFORMATION. Certain personal and other information that the Company collects, processes, and shares is subject to its Privacy Policy. As a condition of using the Services, User agrees to the terms of the Privacy Policy, as may be changed from time to time. The Company’s Privacy Policy is as incorporated herein. In accessing and using the Services, User consents to such collection and use of certain information as set forth in the Privacy Policy incorporated herein.
DISCLOSURES REQUIRED BY LAW. The Company reserves the right to disclose any information, including personally identifiable information about User, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of any user believed to be in violation of this Agreement or any applicable laws or regulations. By accepting this Agreement, User waives all rights and agrees to hold the Company harmless from any claims resulting from any action taken by the Company during its investigations or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
CALIFORNIA RESIDENTS.
1. Consumer Rights. Under Cal. Civil Code § 1789.3, the Company hereby notifies User that (i) the Company is located at 7677 Stage R., #95, Buena Park, CA 90621, USA, (ii) the fees and charges for the Services vary depending on the specific Services selected by User, and (iii) if User has a complaint regarding the Company or desires further information on use of the Services or any of the Company’s Services, please contact the Company’s customer support at support@happyrider.us. For complaints, User may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by phone at 1-916-445-1254 or (800) 952-5210.
2. General Release. If User is a California resident, User agrees to waive California Civil Code § 1542, and any similar provision in any other jurisdiction which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her must have materially affected his/her settlement with the debtor.”
Governing Law and Jurisdiction. The Agreement, and all future agreements User enters into with the Company, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether User resides or transact business with the Company, its affiliates or agents, or any of the Third-Party Providers, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 19 below, User agrees to submit to the personal and exclusive jurisdiction of the courts located within the city of Buena Park, California, USA.
BINDING ARBITRATION. To the extent permitted by applicable law, any disputes, claims, controversies, or disagreements of any kind whatsoever arising out of or relating to this Agreement or the Services (each, a “Claim”) will be resolved solely by a confidential binding arbitration, rather than in court (except that you may assert claims in small-claims court if claims qualify). User agrees that each Claim must be brought individually.

USER AND THE COMPANY AGREE THAT: (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

The Federal Arbitration Act (9 U.S.C. §§ 1-16; 9 U.S.C. §§ 201-208; 9 U.S.C. §§ 301-307) and federal arbitration law apply to this Agreement and this binding arbitration clause. Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.

To start an arbitration, User must send a letter to the Company’s address at Happy Rider, Inc. at 7677 Stage R., #95, Buena Park, CA 90621, United States or an email to support@happyrider.us describing the Claim and requesting arbitration, or the Company may do the same by sending a written notice requesting arbitration to the address associated with the User’s Account. The proceedings will be conducted through JAMS using their Streamlined Arbitration Rules and Procedures. User can view these rules at jamsadr.com or by calling (800) 352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Buena Park, California, unless the parties agree to video, phone, or Internet connection appearances.

Except as otherwise set forth below, User may seek any remedies available under federal, state, or local laws in an arbitration action. As part of the arbitration, both User and the Company will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.

Notwithstanding the terms of this Section, the Company may bring a lawsuit in court for equitable relief for any misuse or infringement of intellectual property rights or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Services.

IMPORTANT: BY AGREEING TO THIS ARBITRATION PROVISION, USER AND THE COMPANY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL, EXCEPT FOR THE CLAIMS LISTED IN THE PRECEDING PARAGRAPH. USER AND THE COMPANY AGREE THAT IF ANY PORTION OF THIS SECTION IS TO BE FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION WILL BE SEVERED, AND THE REMAINDER OF THE SECTION WILL BE GIVEN FULL FORCE AND EFFECT.

MISCELLANEOUS TERMS.

Agreement Revisions. The Company reserves the right to modify the terms and conditions of the Agreement or its policies relating to the Services at any time at the Company’s sole discretion, effective upon posting of a modified version of these Terms through the Services or the Company’s websites.
Force Majeure. The Company is not liable for any delay or failure in its work resulting from causes outside the reasonable control of the Company, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control, including, without limitation to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemic, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. User agrees that no joint venture, partnership, employment, or agency relationship exists between User and the Company as a result of this Agreement or User’s use of the Services.
Assignment; Successors and Assigns. The Company may, at any time, assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity, which purchases or otherwise succeeds to the business of the Company to which this Agreement pertains, with or without User’s consent. User may not assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company, and any unauthorized assignment will be null and void. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Severability. If any part of this Agreement is determined to be void, invalid, or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred by such prevailing party in the litigation.
No Waiver. The Company's failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. Express waiver of any provision, condition, or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Equitable Remedies. User hereby agrees that the Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore agrees that the Company will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to itself under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between User and The Company with respect to the Services and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between User and the Company with respect to the Services.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California, USA.
Notice. The Company’s address at Happy Rider, Inc. at 7677 Stage R., #95, Buena Park, CA 90621, United States and its email is support@happyrider.us. Any notice, demand, or request with respect to this Agreement will be in writing and will be effective only if it is delivered by personal service, by air courier with receipt of delivery, by email, or mailed with a return receipt requested and postage prepaid, to the address set forth above. Such communications will be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they will be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
Interpretation and Understanding. This Agreement will be interpreted in accordance with the plain meaning of its terms and no part of this Agreement will be construed strictly for or against either of the parties for any vagueness or ambiguity.

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