These HERE Mobility Products Supplemental Terms and Conditions (“Additional Terms”) and the Privacy Notice available at: https://legal.here.com/en-gb/terms/here-mobility-products-supplemental-privacy (“Privacy Notice”) govern your access and use of the HERE Mobility products and services (“Mobility Products”). These Additional Terms and the Privacy Notice are an agreement between you and HERE Global B.V. and its affiliates, collectively referred to herein as “we”, the “Company”, or “HERE”.

These Additional Terms supplement HERE’s Terms of Use (the “General Terms”) by providing additional terms and conditions relevant to various end-users of the Mobility Products, including without limitation, passengers requesting, dispatchers and/or other users managing, and taxi drivers providing, transportation services through the Mobility Products. The Mobility Products may include without limitation, the HERE Mobility Dispatch System (“Dispatch System”), the HERE Mobility Portal (“Portal”), the HERE Mobility Marketplace (“Marketplace”) and any services or product related thereto such as the HERE Mobility Kiosk (“Kiosk”), the HERE Mobility for Concierge (“Mobility for Concierge”), and the HERE Mobility Web Widget (“Web Widget”). 

Please note that your use of the Mobility Products may also be governed by the terms of any agreement between HERE and the entity that employs you (or contracts for your services, as applicable, your “Contracting Entity”), as further indicated below. A Contracting Entity as used herein may refer to: (a) one of our demand partners (e.g., hotels, airports or other facilities that use Mobility Products to provide access to passengers to request/book transportation services), (b) one of our supply partners (e.g., taxi companies, airlines, or others that use Mobility Products to provide passengers with transportation services), and (c) our partners who use the Dispatch System to manage the provision of transportation services.

In addition, because these are Additional Terms and are supplemental to HERE’s Terms of Use, HERE’s Terms of Use will still apply in addition to the terms below unless these Additional Terms conflict with HERE’s Terms of Use. In the event of any conflict, these Additional Terms shall control.

The application of these Additional Terms depends in part on the type of end-user you are. For example, some of these Additional Terms apply to passengers only (see Section 11 below); others apply to end-users who are using the Mobility Products on behalf of their Contracting Entity (see Section 12 below). 

PLEASE READ THESE ADDITIONAL TERMS CAREFULLY BEFORE REGISTERING FOR, ACCESSING OR USING THE MOBILITY PRODUCTS.  IF YOU DO NOT AGREE TO THESE ADDITIONAL TERMS OF USE, YOU MAY NOT USE THE MOBILITY PRODUCTS.

USE OF THE MOBILITY PRODUCTS WHILE DRIVING IS STRICTLY PROHIBITED. YOUR USE OF ANY OFFERING, SERVICE OR ROUTE GUIDANCE provided by or through the MOBILITY PRODUCTS IS AT YOUR OWN RISK and are provided for informational purposes only and are not intended for use as a primary means of navigation.

1.              Acknowledgements. BY REGISTERING FOR, OR USING THE MOBILITY PRODUCTS (INCLUDING WHEN YOU TAP OR CLICK THE “ACCEPT” BUTTON WHEN PRESENTED WITH THESE ADDITIONAL TERMS AT THE MOBILITY PRODUCTS), YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE ADDITIONAL TERMS; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (III) ACCEPT THESE ADDITIONAL TERMS (INCLUDING THE PRIVACY NOTICE, AVAILABLE AT https://legal.here.com/en-gb/terms/here-mobility-products-supplemental-privacy), AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE ADDITIONAL TERMS, DO NOT REGISTER FOR, ACCESS OR USE THE MOBILITY PRODUCTS.

2.              License Grant.

(a)            The Mobility Products and their Content and Services (defined below), including without limitation any content, graphics, audiovisual files, processes and code, and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property related thereto are the property of Company and its licensors or suppliers, and Company and its licensors and suppliers retain all right, title and interest in and to such Mobility Products and Content and Services and intellectual property. The Mobility Products and Content and Services are owned and operated by Company and they are licensed, not sold, to you.

(b)           Subject to the terms of these Additional Terms, and notwithstanding Section 4 of the General Terms, the Company hereby grants you a limited, non-exclusive, and nontransferable license to: (a) register for and use the Mobility Products strictly in accordance with: (i) the documentation of the Mobility Product you access or use, (ii) applicable law, and (iii) the agreement between HERE and your Contracting Entity; and (b) access and use the Content and Services (as defined in Section 6) made available in or otherwise accessible through the Mobility Products, strictly in accordance with these Additional Terms and the terms and conditions applicable to such Content and Services as set forth in Section 6.

3.              License Restrictions. You shall not: (a) copy the Mobility Products, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobility Products; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobility Products  or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobility Products, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobility Products, or any features or functionality of the Mobility Products, to any third party for any reason, including by making the Mobility Products  available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobility Products; (g) use any content that may include, link to, or distribute any viruses, spam, files, code malware or any other malicious software programs, technology or content that may harm or disrupt the operation of the Mobility Products  or any other Company product or service; (h) engage in or encourage any activity or use of content that violates any applicable law, rule or regulation, including without limitation, privacy laws and regulations; or (i) use, endorse, or promote content which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive.

4.              Reservation of Rights. You acknowledge and agree that the Mobility Products are provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobility Products under these Additional Terms, or any other rights thereto other than to use the Mobility Products in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Additional Terms. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Mobility Products, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Additional Terms.

5.              Collection and Use of Your Information. You acknowledge that when you or your Contracting Entity register for, use, or submit information (including and if applicable, your name, photo, mobile number, and location data, as applicable) to the Mobility Products, the Company may use third-party services that may use automatic means (including, for example, cookies) to collect information about you the device you use to access the Mobility Products and about your use of the Mobility Products. You also may be required to provide certain information in order to register for the Mobility Products or use certain of its features or functionality, and the Mobility Products may provide you with opportunities to share information about yourself with others, including our affiliates and service providers, as well as other drivers and passengers. All information we collect through or in connection with the Mobility Products is subject to the Privacy Notice. By using and providing information to or through the Mobility Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

6.              Content and Services. The Mobility Products may provide products and services, certain features, functionality, and content accessible on or through the Mobility Products (collectively, “Content and Services”).  Your access to and use of such Content and Services are governed by these Additional Terms and the Privacy Notice. Your use of the Mobility Products will automatically generate data that is collected by the Company, and you may in addition actively enter information or data and may transmit materials in connection with your use of the Mobility Products (collectively “User Data”). As between you and the Company, you are and shall remain the owner of all right, title, and interest in and to the User Data, including all intellectual property rights therein, including all comments, improvements, suggestions, graphics and ideas you may submit to the Company. Notwithstanding the foregoing, you hereby grant the Company (i) a limited, non-exclusive, royalty-free, transferable, license to collect, process and use your Personal Data as set forth in the Privacy Notice for so long as these Additional Terms are in effect (as described in Section 10 below, plus any applicable post-use data retention period described in the Privacy Notice); and (ii) a perpetual, worldwide, non-exclusive, royalty-free, transferable right and license to use for any lawful purpose your User Data in de-identified form. 

7.              Geographic Restrictions. The Mobility Products and their Content and Services are provided from the Netherlands as well as Member States in which the Company utilizes data centers. You acknowledge that you may not be able to access all or some of the Content and Services outside of the EEA, and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the EEA, you are responsible for compliance with local laws, including any laws applicable to the export of software or technology. Information that we collect from you and your use of the Mobility Products may be transferred to or stored in a different Member State than the Member State in which you are utilizing the Mobility Products or where the Company is located. If you provide the Company with your Personal Data, you hereby expressly agree to such transfer, storage and processing.

8.              Updates. The Company may from time to time in its sole discretion develop and provide Mobility Products updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  You further agree that all Updates will be deemed part of the Mobility Products and be subject to all terms and conditions of these Additional Terms.

9.              Third-Party Materials. The Mobility Products may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.  The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10.           Disclaimer of Warranties. THE MOBILITY PRODUCTS ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MOBILITY PRODUCTES , INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILITY PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES, NOR IS THE COMPANY A TRANSPORTATION CARRIER.

11.           Additional Terms for Passengers.

The following terms and conditions apply to passengers who are using the Mobility Products.

(a)            Without limiting Section 5 above, you acknowledge and agree that upon your submission of a ride request via the Mobility Products, a dispatcher (on behalf of a partner that uses the Dispatch System), a driver and/or a person accessing the Marketplace on behalf of one of our supply or demand partners will be provided specific information regarding you and your location, as well as your phone number and other contact information you choose to provide.  Additionally, once a driver has accepted your request, (i) you will be provided with the license number of your driver’s vehicle, his/her name, and photo (if applicable), (ii) the Company will provide your relevant data to the driver via the applicable Mobility Product, including your location; (iii) once your driver arrives at your location, s/he will be provided with your name and photo (if applicable); and (iv) s/he will be provided with the destination either by you directly or via the applicable Mobility Products (if you entered such information when making the request). All information we collect through or in connection with the Mobility Products is subject to our Privacy Notice.

(b)           Because the Company does not provide transportation services, but merely assists in matching you with providers of transportation services, you should take precautions to ensure your comfort and safety. For example, use common sense when requesting a ride and before getting into a cab. If for any reason you feel unsafe, do not accept a ride. The Company cannot be responsible for, and accepts no liability for, transportation services provided by third parties.

12.           Additional Terms for Drivers.

The following terms and conditions apply to taxi drivers of supply partners who access or use the Mobility Products to provide transportation services.

(a)            The fees for your use of the Mobility Products have been or will be paid by your Contracting Entity, and if applicable, your Contracting Entity will provide you with (in accordance with the terms of the agreement between the Company and your Contracting Entity) an access credential necessary for you to access the Mobility Products and register your user account. Questions regarding your access credentials should be directed to your Contracting Entity. The Company will have the right, at all times, whether with or without cause, and at the Company’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the you from accessing or using the Mobility Products.

(b)           Notwithstanding Section 3 of the General Terms, the terms and conditions of the General Terms and these Additional Terms shall survive as long as your access credentials are used by you or any other person through any other device

(c)            You and your Contracting Entity are responsible for, and will indemnify and hold the Company, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor and assigns harmless from and against, any claims arising out of your responsibilities or failure to comply with obligations imposed on you by your Contracting Entity, regulatory authorities, industry and professional standards.

(d)           As between the Company and you, you and your Contracting Entity are solely and fully responsible for abiding by all applicable industry and professional standards, including, without limitation, the: (1) pick-up and delivery of passengers at agreed-upon times, prices and locations; (2) prompt notification to all appropriate parties of unexpected delays in the pick-up or delivery of passengers; (3) providing to appropriate parties appropriate transaction receipts; (4) handling of any payment cards; (5) interaction with all parties in a professional and courteous manner; (6) maintenance of adequate insurance coverage and applicable licenses and bonds at all times; and (7) compliance with all applicable laws, rules and regulations.

(e)            You and your Contracting Entity shall have the sole responsibility to passengers or other third parties, including your employees, subcontractors, agents and representatives, for any and all obligations or liabilities that arise from your use of the Mobility Products.

(f)            By using the Mobility Products to receive and accept requests for transportation and by providing transportation services to passengers, you accept, agree and acknowledge that a direct legal relationship is created and assumed solely between you and the passenger. The Company shall not be responsible or liable for the actions, omissions and behavior of the passenger in or in relation to the activities of you and/or your vehicle.

13.           Additional Terms for Users of the Marketplace and/or Dispatch System.

The following terms and conditions apply to employees or subcontractors of our partners who access and/or use the Mobility Products on behalf of such partners to provide transportation services.

(a)            Your Contracting Entity will provide you with (in accordance with the terms of the agreement between the Company and your Contracting Entity) an access credential necessary for you to access the Mobility Products and register your user account (if applicable). Questions regarding your access credentials should be directed to your Contracting Entity. The Company will have the right, at all times, whether with or without cause, and at the Company’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the you from accessing or using the Mobility Products.

(b)           Notwithstanding Section 3 of the General Terms, the terms and conditions of the General Terms and these Additional Terms shall survive as long as your access credentials are used by you or any other person through any other device

(c)            You and your Contracting Entity are responsible for, and will indemnify and hold the Company, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor and assigns harmless from and against, any claims arising out of your responsibilities or failure to comply with obligations imposed on you by your Contracting Entity, regulatory authorities, industry and professional standards.

(d)           As between the Company and you, you and your Contracting Entity are solely and fully responsible for abiding by all applicable industry and professional standards, including, without limitation, the: (1) interaction with all parties in a professional and courteous manner; and (2) compliance with all applicable laws, rules and regulations.

(e)            You and your Contracting Entity shall have the sole responsibility to passengers or other third parties, including your employees, subcontractors, agents and representatives, for any and all obligations or liabilities that arise from your use of the Mobility Products.

14.           Additional Terms for Rentals.

The following terms and conditions apply to users who are employees or subcontractors of supply partners who access or use the Mobility Products to provide rentals services whether via bikes, cars and/or motorcycles.

(a)            HERE Does Not Rent or Own Any of The Rental Products. HERE does not provide, own or control any of the rentals or ride services and products that you can access through the Mobility Products (the “Rental Products”). The Rental Products are owned, controlled or made available by third parties (the “Rental Providers”), either directly (e.g., owner of the Rental Product) or through third-party (e.g., a management company). The Rental Providers or their respective suppliers are fully responsible for the Rental Products. The Rental Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Your interaction with any Rental Provider accessed through the Mobility Products is at your own risk, and HERE does not have any responsibility should anything go wrong with your booking or Rental Products. HERE has no control over the Rental Products or Rental Providers. HERE is not a vehicle rental company and HERE does not own any fleet of vehicles or bikes, and is not, in the business of renting vehicles or bikes to the public. “Renter” means the user of the Mobility Products renting the Rental Products and any other equipment using an account created on the platform by such User.

(b)           Rental Provider Content. HERE may host certain content, including prices, images and other information, made available by or obtained from Rental Providers (“Provider Content”), as well as content provided by users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). HERE is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and HERE has no influence over the Content. In particular, HERE does not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real time or that a particular Rental Product will be available. As a result, the price displayed by a Rental Provider may not correspond to that displayed on the Mobility Products.

(c)            Bookings. Any bookings will be made with the Rental Provider named on the applicable page, and HERE will provide the booking information that you provide to the relevant Rental Provider. When you make a booking through the Mobility Products, it acts as only a user interface, and you will only have a valid booking with a Rental Provider if you receive written confirmation from such Rental Provider according to its terms. The contract for the relevant booking will be made between you and the Rental Provider. HERE has no responsibility for the booking or the Rental Product because HERE has no involvement in creating the description of the Rental Product, in defining the price and any fees, and in providing the Rental Products that you book. If you have any issues or disputes around your booking and/or the Rental Product, you agree to address and resolve these with the Rental Provider and not with us.

(d)           Insurance. You acknowledge and agree that you shall receive no protection or coverage by HERE or its affiliates, whether that be Rental Product damage protection, liability protection, or any similar coverage or indemnification, as part of a booking of your Rental Products.

(e)            Additional Limitations.  Without limiting the other limitations of liability in these Additional Terms or the General Terms:

(A)          Here provide services that enable Rental Products to be booked by end-users and Rental Providers. Except as otherwise provided in these Additional Terms, HERE does not itself provide rental services and/or insurance services and is not responsible for any of the acts or omissions of any of the end-users of the Rental Products manufacturer, or any third party provider of services for or used by the Rental Products. All services through the Mobility Products are provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by applicable law, without limiting the foregoing, HERE explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. HERE makes no warranty that the Mobility Products, including, but not limited to, the listing and/or any Rental Product, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. HERE makes no warranty regarding the quality of any listings, Rental Products, Rental Providers, Renters, services, the Mobility Products or any Content or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Mobility Products or any other service. No advice or information, whether oral or written, obtained from HERE or its service providers or through the Mobility Products or Content, will create any warranty not expressly made herein. The display on the Mobility Products of a Rental Product or any Content does not in any way imply, suggest, or constitute a recommendation by HERE of that Rental Product or that Content, or any sponsorship or approval of such Rental Product or such Content by such Rental Provider, or any affiliation between such Rental Provider and HERE.

(B)          The Rental Providers are independent from HERE and are not agents or employees of HERE. HERE is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Rental Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. HERE will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. HERE does not accept responsibility for the uninterrupted accessibility to the Mobility Products and may carry out technical or maintenance work on the Mobility Platform at any time of its choosing.

(f)            Indemnification.  You agree to defend, hold harmless and indemnify HERE, HERE's affiliates and any of their officers, directors, employees, subsidiaries and agents from and against all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, as a result of your violation of any law or the rights of a third party, or any reservation or use of the Rental Products, including without limitation, any vehicle damage, Rental Product damage, personal injury or property damage.