Lyft Code Terms and Conditions

Last Updated: July 17, 2020

Definitions

  1. "Buyer", "You" or "Your" means the person or entity agreeing to the Lyft Code Terms and Conditions and/or submitting the Codes Request, and any employees, agents, affiliates, subsidiaries, successors or assigns thereof.
  2. "Code" means a Lyft code (i) that is issued and authorized by Lyft for use on the Lyft ridesharing platform; and (ii) which is attributed a certain amount of Lyft Credits as specified in the Codes Request by Buyer.
  3. "Code Order" means a Code Request that Lyft has accepted.
  4. "Code Request" means a Buyer’s request for Codes submitted via Lyft’s online portal which allows Buyer to purchase Codes.
  5. "Lyft" means Lyft, Inc.
  6. "Lyft App" is the mobile application operated by Lyft that allows individuals the opportunity to request transport from one location to another.
  7. "Lyft Credits" is defined as credit made available for use on the Lyft platform to be applied towards rides arranged through the Lyft App. Lyft Credits may not be applied towards tips to the driver.
  8. "User" means an individual that has been distributed a Code from Buyer for use in the User’s Lyft App in accordance with your Code Request.
  9. "Effective Date" means the date a Code is activated, as specified in the Code Order.
  10. "Expiration Date" means the date a Code expires, as specified in the Code Order.

Sale of Codes

These terms and conditions (the "Agreement"), together with a Code Request, constitute an “Offer” by Buyer to purchase Codes from Lyft. Upon Lyft’s acceptance of the Offer, (i) Lyft agrees to sell, transfer, and deliver Codes to Buyer, and (ii) Buyer agrees to pay Lyft for the total fees of all Codes specified in the Code Order, subject to the terms and conditions herein. The Offer shall become legally binding upon the Effective Date. Buyer acknowledges and agrees that Code restrictions and parameters (i.e. time, date, geofence etc.) cannot be modified after the Code Order is created.

Payment and Reporting

By consenting to the terms of the Agreement, Buyer authorizes Lyft to charge Buyer’s credit or debit card for the full amount specified in the Code Order. Within two (2) business days following the Expiration Date, Buyer will receive a receipt at the email address associated with the applicable Code Order. The receipt will include the number of redemptions, rides, and the amount refunded to the credit or debit card on file for the Code Order (i.e. the amount of unused credits).

Depending on Buyer’s bank, refunds may not post immediately. Upon delivery of the Codes from Lyft to Buyer, Buyer is responsible for any and all activity relating to the Codes and will indemnify Lyft for any third-party claims related to Buyer’s use thereof.

Lyft will not provide Buyer with individual ride information, which includes but is not limited to User names, User email addresses, or itemized breakdowns of all Users that used a specific Code.

Use of Codes

In order to use the Code, Users must (a) download and install the Lyft App on a compatible mobile device; (b) create and maintain and active Lyft account, including agreeing to Lyft’s Terms of Service (www.lyft.com/terms), as may be updated from time to time; (c) redeem the Code in the User’s Lyft App for Lyft Credit; (d) take a ride via the Lyft App which qualifies for Code redemption under this Agreement; and (e) apply the Lyft Credit at the end of the ride. For rides taken by Users that exceed the amount of Lyft Credits available on a Code, Lyft will charge User’s personal payment method on file. Buyer acknowledges and agrees that i) Buyer is responsible for compliance with all applicable local, state, and federal laws in its use, advertisement, and distribution of Codes, ii) Buyer is responsible for policing, managing, regulating, overseeing, and supervising the use of Codes by Users, prospective Users, attendees, or any other individuals, and iii) Buyer shall be liable and indemnify Lyft for all unauthorized, illegal, or otherwise impermissible use, advertisement, and distribution of Codes.

Cancellation of Codes

Buyer may cancel a Code at any time once a Code Order has been created. Once a User redeems a Code in the Lyft App, Buyer will no longer be able to cancel a Code.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, LYFT MAKES NO WARRANTIES TO YOU CONCERNING THE LYFT APP, LYFT PLATFORM, LYFT CREDITS, CODES, OR OTHERWISE ("LYFT MATERIALS"). LYFT PROVIDES THE LYFT MATERIALS "AS IS" AND WITHOUT WARRANTY. LYFT DOES NOT WARRANT THAT THE LYFT MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LYFT MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES IN RESPECT TO THE LYFT MATERIALS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN THE EVENT A CODE OR LYFT CREDIT IS NONFUNCTIONAL, BUYER’S SOLE REMEDY, AND LYFT’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CODE OR LYFT CREDIT.

Limitation of Liability

IN NO EVENT SHALL LYFT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITY OF ONE PARTY TO THE OTHER FOR ANY CLAIM(S) ARISING FROM OR RELATING TO THE AGREEMENT, SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES AND SHALL NOT EXCEED, IN ANY EVENT, FIFTY DOLLARS ($50). ADDITIONALLY, LYFT SHALL INCUR NO LIABILITY FROM, NOR BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF BUYER’S CODES.

Code Activation and Expiration

Upon the creation of the Code Order, the Code will become active on the Effective Date, and will expire on the Expiration Date.

General

The parties shall be independent contractors in their performance under this Agreement. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof. The Agreement may only be amended or modified through a writing signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Exclusive jurisdiction and venue for any litigation arising under this Agreement is in the federal and state courts located in San Francisco, California, and both parties hereby consent to such jurisdiction and venue for this purpose. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by Company. Lyft may freely assign all or part of this Agreement in the event of a change of control, to an affiliate, or to a successor in interest. Any notice or communication under this Agreement shall be in writing and sent via reputable international express delivery courier or certified or registered mail addressed to such other party at the address specified in the first paragraph of this Agreement.