Welcome to SWYFT!
Welcome to SWYFT! These terms and conditions (“Agreement”) govern your use of the SWYFT mobile application (“Platform”). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Platform.
1. Platform Terms
- Swyft Taxi ("Swyft") is a technology platform only that connects passengers with independent, third-party taxi drivers. Swyft Taxi: Does NOT provide transportation services, is NOT a transportation carrier, does NOT employ drivers, does NOT control drivers. All transportation services are provided solely by independent drivers.
2. Use of the Platform
- Eligibility: You must be at least 18 years old to use the Platform, and provide a valid DL or Passport.
- Account Registration: You must create an account to use the Service. You agree to provide accurate and complete information and keep your account information up-to-date.
- Prohibited Conduct: You agree not to misuse the Platform, including but not limited to, using it for unlawful purposes, transmitting harmful or disruptive content, or interfering with the Platform’s operation.
3. Booking and Payment
Refunds will not be issued under the following circumstances:
- Booking: Passengers can book a ride through the Platform. Once a booking is made, you will receive a confirmation with the ride details.
- Payment: Passengers agree to pay the fare displayed at the time of booking. Payment can be made via the Platform using the available payment methods.
- Cancellation: Passengers may cancel a booking through the Platform. Cancellation fees may apply as per our cancellation policy.
4. Passenger Responsibilities/Acknowledgment
- Conduct: Passengers agree to behave respectfully towards the Driver and other passengers. Any abusive, offensive, or illegal behavior may result in the termination of your account.
- Safety: Passengers are responsible for wearing a seatbelt and ensuring the safety of any minors traveling with them.
- Property: SWYFT is not responsible for any personal belongings left in the vehicle.
- Passenger Acknowledgement: By using the Platform, you explicitly acknowledge: You are contracting directly with an independent driver. Swyft is not responsible for the ride. Swyft does not guarantee safety, quality, or performance.
- Assumption of Risk-YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH TRANSPORTATION SERVICES PROVIDED BY THIRD-PARTY DRIVERS.This includes, but is not limited to: accidents, injury or death, driver negligence, and/or vehicle defects
- Waiver Of Rights: YOU EXPRESSLY WAIVE: Right to sue in court, Right to a jury trial, Right to participate in class actions, and/or Right to join collective claims.
- Cost Allocation: Each party bears its own legal costs unless otherwise required by law.
5. Driver Responsibilities
- Service Quality: Drivers are independent contractors (not employees) and are responsible for providing a safe and pleasant ride experience. Drivers accept FULL responsibility for: transportation services, passenger safety, driving conduct, vehicle condition, legal compliance.
- Vehicle Condition: Drivers are responsible for maintaining their vehicles in good condition and ensuring they meet all legal requirements.
- Insurance: Each Driver carries their own insurance policy and is responsible for any incidents that occur during the ride. Drivers MUST: Maintain valid motor vehicle insurance, maintain hire and reward / commercial coverage where required, ensure coverage includes: Passenger injury, third-party liability, property damage. Drivers acknowledge that Swyft provides NO insurance coverage whatsoever. Driver is SOLELY responsible for all claims, damages, and liabilities arising from rides.
- Safety: All drivers are subject to a police record check at any time during registration and while contracting for Swyft.
- Cancellations of Rides To Passengers: Drivers are to contact Swyft Admin immediately after cancelling a ride to allow Swyft Admin to reassign the passenger to another driver to prevent passengers being stranded. Should a driver cancel a ride and fail to notify Swyft and the passenger is left stranded, this may result in driver deactivation.
- Driver Deactivation: Swyft reserves the right to deactivate contractors driving profiles at any time. Reasons may include multiple passenger cancellations within the same week, and/or failure to notify Swyft of driver cancellations to allow Swyft to reassign passengers, servicing passengers off or outside of the app, client complaints, or anything that Swyft deems as inappropriate or negligent to passengers.
- No Agency/No Employment- Nothing in these Terms creates employment, agency, partnership, joint venture Drivers act entirely on their own behalf, not on behalf of Swyft. Drivers are independent contractors only. Drivers are NOT employees, agents, representatives of Swyft.
- Assumption of Risk- YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH TRANSPORTATION SERVICES PROVIDED BY THIRD-PARTY DRIVERS. This includes, but is not limited to: Accidents, Injury or death, Driver negligence, or Vehicle defects.
- Waiver Of Rights: YOU EXPRESSLY WAIVE: right to sue in court, right to a jury trial, right to participate in class actions, right to join collective claims.
- Cost Allocation: Each party bears its own legal costs unless otherwise required by law.
6. Liability
- No Liability: Swyft Taxi SHALL NOT BE LIABLE for: personal injury, death, emotional distress, property damage, loss of income, indirect or consequential damages. IN ALL CASES, Swyft’s total liability SHALL NOT EXCEED: The greater of: Amount paid for the ride, OR USD $50 (or equivalent local currency)
- Indemnification (Drivers and Passengers): You agree to FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS Swyft from ANY claims, including those arising from: driver actions or negligence, accidents or injuries, insurance failures, legal violations, use of the platform, third-party claims. This obligation survives termination of use. Drivers agree to INDEMNIFY and HOLD HARMLESS Swyft from ALL claims arising from: This includes legal fees and settlements.
- Driver Liability: All claims, disputes, injuries, damages, or losses arising from transportation services MUST be directed to the driver and the driver’s insurer. Swyft shall have no responsibility or liability whatsoever for such claims.
- Mandatory Arbitration: Binding Arbitration Only. ALL disputes MUST be resolved exclusively through binding arbitration.NO court proceedings are permitted.
- NO CONTROL CLAUSE: Drivers retain FULL control over: Accepting rides, Working hours, Routes taken. Swyft does NOT control how services are performed.
7. Privacy
- Data Collection: We collect and use your personal information as described in our Privacy Policy. By using the Platform, you consent to our data practices. Social data of all passengers, such a name, email address, physical address are provided to the Antigua and Barbuda Tourism Board for data collection. No financial information is provided to any other entity.
- Data Security: We take reasonable measures to protect your data but cannot guarantee its absolute security.
8. Driver Deactivation
- Deactivation by You: You may deactivate your account at any time by contacting us.
- Deactivation by Us: We reserve the right to deactivate or suspend your account for any reason, including violation of this Agreement or misuse of the Platform. Reasons may include multiple driver cancellations within a 7 days, and/or cancelling rides without notifying Swyft so we can arrange rides for passengers who are waiting on us, and/or servicing clients outside of the app, and/or client complaints, and/or anything that Swyft deems as inappropriate or negligent to passengers.
9. Governing Law
- This Agreement is governed by the laws of Antigua and Barbuda. Any disputes arising from this Agreement shall be resolved in the courts of Antigua and Barbuda.
10. Child Safety
- Passengers are required to ensure that children under 80 pounds are secured in appropriate car seats or booster seats during rides.
- Swyft provides car seats upon request, subject to availability. However, if passengers decline the use of Swyft-provided car seats, Swyft is not responsible for any injuries sustained by children who are not in compliance with safety regulations.
11. Contact Us
If you have any questions or concerns about this Agreement, please contact us at info@swyfttaxi.com
By continuing to use the Swyft app, passengers agree to these terms and conditions. If you have any questions or concerns, please contact Swyft support.
