Terms and Conditions
Last Updated: 03/015/2023
Welcome to TourchRide! Before using our service, please read these terms and conditions carefully. By using our service, you agree to be bound by these terms and conditions..
- I. Introduction.
- II. Overview.
- III. User Conduct
- IV. User Content
- V. Tourch Ladies Center
- VI. Payment and Bank Accounts
- VII. Unruly Behavior During Rides
- VIII. Spills Caused by Passengers in Driver’s Cars
- IX. Deviation from the Route Suggested by the GPS
- X. Discrimination
- XI. Pets
- XII. Wheelchair Accessibility
- XIII. Intellectual Property
- XIV. Fake IDs
- XV User Accounts
- XVI. Disclaimers and Limitation of Liability
Introduction
These terms and conditions (the “Agreement”) constitute a legal agreement between you and TourchRide, LLC (“TourchRide”) governing your use of TourchRide’s service, including all associated websites and mobile applications (collectively, the “Service”). The Service is operated by TourchRide, LLC, a Texas limited liability company with its principal place of business at 2707 Commercial Center Blvd Suite E200, Katy TX 77494
Overview
a. The Service is available only to individuals who are at least 18 years old and have the legal capacity to enter into this Agreement. By using the Service, you represent and warrant that you meet these eligibility requirements.
b. User Accounts
In order to use certain features of the Service, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to immediately notify TourchRide of any unauthorized use of your account or password, or any other breach of security.
c. Use of the Service
i. (a) License. Subject to the terms and conditions of this Agreement, TourchRide grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.
ii. (b) Restrictions. You may not: (i) use the Service for any commercial purpose; (ii) modify, adapt, translate, or create derivative works based on the Service; (iii) reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code; (iv) remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to or contained within the Service; (v) use the Service in any manner that could damage, disable, overburden, or impair the Service; or (vi) use automated scripts to collect information from or otherwise interact with the Service.
iii. (c) User Content. You retain all rights in any content that you upload or submit to the Service (“User Content”). By submitting User Content, you grant TourchRide a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, create derivative works based on, distribute, and sublicense your User Content in connection with the Service and TourchRide’s (and its successors’ and affiliates’) business, including for promotion and marketing purposes.
iv. (d) Prohibited Content. You may not upload or submit to the Service any User Content that: (i) infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party; (ii) is defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; (iii) is illegal or promotes illegal activity; (iv) promotes or endorses racism, bigotry, hatred, or physical harm of any kind against any group or individual; or (v) contains viruses, Trojan horses, worms, time bombs, or other harmful or malicious code.
User Conduct
When using our platform, you agree to:
a. Only use TourchRide for lawful purposes;
b. Not use TourchRide to commit fraud, or other unlawful acts;
c. Not impersonate another person or misrepresent your identity or affiliation with another person or entity;
d. Not harass, intimidate or threaten any other user of TourchRide or our drivers;
e. Not contact drivers or users for any reason other than arranging a ride, or deliveries;
f. Not bring open containers of alcohol or drugs into vehicles;
g. Not smoke or vape in TourchRide vehicles.
h. Not use our service to transport drugs, weapons or any other prohibited substances.
i. Not use our service without an appropriate child car seat when traveling with a child who requires a car seat.
User Content
Users may be able to post or upload content, including text, images, videos, and other materials, to TourchRide’s platform. By posting or uploading content, you grant TourchRide a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media.
You are solely responsible for the content you post or upload to TourchRide’s platform. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize TourchRide to use all intellectual property rights in and to any content you post or upload.
TourchRide reserves the right to remove any content posted or uploaded by users that violates these terms and conditions or is otherwise inappropriate, at its sole discretion.
Tourch Ladies Center
Tourch Ladies Center is a female-to-female matching service available to women as defined in their state IDs. Any user found to be illegally accessing the Tourch Ladies Center will be banned from all our platforms.
Our platform is dedicated to providing women with a safe and reliable transportation option. Tourch Ladies Center is specifically designed for women who prefer to ride with other women for added peace of mind. It is important to note that this feature is only available for female drivers and riders.
To ensure the safety of all passengers and drivers, women who wish to use the Ladies Center must provide their ID to confirm their identity. We may also require a video call or other available facial recognition tools to confirm the identity of both driver and rider for added safety. This information will be kept confidential and used solely for verification purposes.
It is important to note that our platform is committed to creating a safe and inclusive community for all. Discrimination of any kind will not be tolerated. However, the Ladies Center is exclusively for women who wish to ride with other women. Male or non-female passengers will not be matched with female drivers through the Ladies Center.
We take the safety of our passengers and drivers seriously. Any driver who violates our safety policy will be immediately removed from our platform. We also strongly recommend that passengers check their driver’s identification and confirm the make and model of the vehicle before getting in. In the unlikely event of an accident, drivers who operate without the appropriate insurance will be fully liable for any injuries and damages.
Payment and Bank Accounts
Users must provide valid and up-to-date payment information. Users agree to pay all applicable fees and taxes for the service provided by TourchRide or its affiliates. We may suspend or terminate the account of any user who fails to pay the applicable fees or taxes.
Users may add or remove payment methods from their account. However, TourchRide or its affiliates may retain some or all of the payment information associated with the user’s account, even after the account is closed or inactive, to comply with legal and regulatory requirements. Users are prohibited from using any third-party bank account or payment information on Tourch’s platform without explicit permission from the account holder.
Unruly Behavior During Rides
TourchRide has a zero-tolerance policy for violent, aggressive, or disrespectful behavior during rides. Such behavior may result in the termination of the ride, and TourchRide may take further action, including suspending or terminating the user’s account and cooperating with law enforcement authorities.
Spills Caused by Passengers in Driver’s Cars
If a passenger causes a spill in a driver’s car, the passenger is responsible for cleaning the spill and any resulting damage. If the passenger refuses to do so, TourchRide may charge the passenger a cleaning fee, and may take further action, including suspending or terminating the user’s account. Tourch encourages drivers and passengers to promptly report any incidents of spills or damage to the customer support team.
Deviation from the Route Suggested by the GPS
Drivers are expected to follow the route suggested by the GPS tool, unless a passenger requests a different route. If a driver deviates from the suggested route without the passenger’s consent, the driver may be liable for any resulting delay or inconvenience to the passenger. TourchRide reserves the right to take action, including suspending or terminating the driver’s account, in the event of such behavior.
Discrimination
Tourch prohibits any form of discrimination or harassment based on a person’s protected characteristics or membership in a protected class as defined by applicable law. This includes but is not limited to discrimination based on race, color, religion, national origin, sex, age, disability, veteran status, sexual orientation, or gender identity.
Pets
At Tourch, we understand that many of our passengers may want to travel with their pets. While we are happy to accommodate pets on our platform, we ask that all passengers and drivers follow our pet policy to ensure the safety and comfort of everyone involved.
Passengers who wish to travel with their pets must notify their driver in advance and receive confirmation that the driver is willing to accept the pet. If a driver declines to transport a pet, the passenger must make other arrangements for their pet’s transportation.
Pets must be kept in a carrier or crate at all times while in the vehicle, and the carrier or crate must be properly secured to prevent it from shifting during the ride. Passengers are responsible for providing their own carriers or crates.
Passengers are also responsible for any damage or mess caused by their pets during the ride. If a pet causes significant damage or mess that requires additional cleaning, the passenger may be charged an additional cleaning fee.
Drivers have the right to refuse to transport a pet if they feel that it poses a safety risk or if the pet is not properly contained. Drivers who accept pets are responsible for ensuring that their vehicle is properly cleaned and sanitized after the ride.
Tourch reserves the right to update or modify our pet policy at any time. We encourage all passengers and drivers to review our policies regularly to ensure that they are in compliance.
Wheelchair Accessibility
At Tourch, we are committed to providing accessible transportation for all passengers, including those who use wheelchairs. As part of our commitment to inclusivity, we have established a wheelchair policy that outlines the responsibilities of both drivers and riders.
Drivers on our platform are prohibited from discriminating against passengers who use wheelchairs. This includes refusing to provide service or charging additional fees for transporting a passenger with a wheelchair.
We understand that not all vehicles on our platform are equipped to accommodate wheelchairs. However, we are working to increase the number of accessible vehicles in our fleet. In the meantime, we ask that passengers who require an accessible vehicle notify us in advance so that we can match them with a driver who has an appropriate vehicle.
If a passenger who uses a wheelchair requests a ride and does not notify us in advance, we cannot guarantee that an accessible vehicle will be available. In such cases, we will make every effort to find an alternative solution, but we cannot guarantee that one will be available.
We take the issue of accessibility seriously and are constantly working to improve our services for all passengers. We encourage passengers with disabilities to provide us with feedback on how we can better meet their needs.
Intellectual Property
All content and materials on TourchRide’s platform, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of TourchRide or its content suppliers and are protected by United States and international copyright laws.
You may not use any TourchRide trademark, trade name, service mark, logo, or other proprietary information without TourchRide’s express written consent.
Fake IDs
TourchRide has a zero-tolerance policy for fake IDs, fake documents, and drivers driving under the wrong name. Any user found to be in violation of this policy will be banned from all our platforms.
User Accounts
To use TourchRide, you must create a user account. When creating an account, you must provide accurate and complete information about yourself, and keep your account information up to date.
You are responsible for maintaining the confidentiality of your account login information, and for all activities that occur under your account. You must immediately notify TourchRide if you suspect any unauthorized use of your account or any other breach of security.
TourchRide may, at its sole discretion, refuse to allow you to create an account or limit the number of accounts you may hold.
Disclaimers and Limitation of Liability
TOURCHRIDE PROVIDES ITS PLATFORM AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. TOURCHRIDE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOURCHRIDE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT TOURCHRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
At Tourch, we are committed to providing a safe and reliable rideshare experience for all of our passengers and drivers. Our policies and guidelines are designed to ensure that everyone who uses our platform is able to do so in a safe and respectful manner. We take safety very seriously and will not tolerate any behavior that puts the well-being of our community at risk.
It is important to note that all drivers who use the Tourch platform must have the appropriate insurance coverage for their vehicle. If a driver is found to be operating without the necessary insurance coverage, they will be fully liable for any injuries or damages that may occur during a ride. We strongly encourage all drivers to review their insurance policies to ensure that they are in compliance with our guidelines.
In addition to our insurance requirements, we have a number of other policies and guidelines that are designed to promote safety and security on our platform. These policies include background checks for all drivers, a zero-tolerance policy for any kind of harassment or discrimination, and strict guidelines for the transportation of minors. We believe that these policies are essential to maintaining a safe and respectful community on Tourch, and we expect all of our users to adhere to them at all times.
In conclusion, we want to reiterate our commitment to safety and security on the Tourch platform. We believe that by working together, we can create a rideshare community that is respectful, inclusive, and safe for everyone. We encourage all of our users to review our policies and guidelines regularly, and to reach out to us if they have any questions or concerns. Together, we can build a better rideshare experience for everyone.
Any Questions?
If you have any questions or concerns about our Terms and Conditions, please reach out to us.