Description of the TaxiTapp Services
The TaxiTapp Services enable individuals to locate available taxi cabs, obtain estimates of fares, book taxi transportation and pay taxi fares using their computers and/or mobile devices. The TaxiTapp Services will be used by both passengers (hereinafter, “Passengers”) and taxi providers and their drivers (hereinafter, “Providers”). These Terms govern the use of the TaxiTapp Services by Passengers. If you are a Provider, your use of the TaxiTapp Services will be governed by a separate agreement. Providers should contact Company to discuss further by sending an email to at firstname.lastname@example.org.
Registration for the TaxiTapp Services
In order to access and use the TaxiTapp Services, you must setup a user account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Company related to the TaxiTapp Services. You will set your own password for accessing the TaxiTapp Services and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Company of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the TaxiTapp Services only with involvement of your parent or guardian. If you are under thirteen (13) years of age, you may not use the TaxiTapp Services.
By setting up Your Account and using the TaxiTapp Services, you expressly agree that you will receive communications from Company, including email messages and/or text messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to Do-Not-Call registries. You may stop receiving such messages by following the opt-out instructions provided by Company in any such communication.
Payment for the TaxiTapp Services
All Passengers that use the TaxiTapp Services to locate and book taxi transportation services (“Transportation Services”), will be required to pay for any fares associated with the Transportation Services through the TaxiTapp Services, including any applicable taxes, gratuity, tolls, convenience charge and other amounts charged by the Provider relating to the Transportation Services (collectively, the “Transportation Fees”).
In the event that you use the TaxiTapp Services to book Transportation Services, but later cancel or disregard the booking, you may be charged a cancellation fee by Company (“Cancellation Fees”).
PLEASE NOTE THAT YOUR USE OF THE TAXITAPP SERVICES TO PAY TRANSPORTATION FEES WILL RESULT IN A CHARGE DIRECTLY TO THE IDENTIFIED CREDIT CARD. You hereby authorize Company to charge your credit card for all Transportation Fees, as well as any applicable Cancellation Fees, that are incurred in connection with your use of the TaxiTapp Services.
The amount of the Transportation Fees will be based upon the rates charged by and other rules (such as baggage fees and extra passenger fees) implemented by the applicable Provider. Company has no control over such rates and rules or the ultimate amount of the Transportation Fees. While you may be able to use the TaxiTapp Services to obtain an estimate of the Transportation Fees associated with a given trip, Company does warrant or guarantee that such estimate will be accurate. Any dispute that you have regarding the amount of the Transportation Fees is between you and the applicable Provider.
If you believe that the amount charged to your credit card does not accurately reflect the amount that was displayed on the Provider’s meter at the end of your trip (as opposed to a dispute regarding the appropriateness of the amount charged by the Provider, which issue can only be raised with the Provider), you will need to raise such issue by emailing Company at email@example.com within forty-five (45) days of Company charging your credit card. In the event you do not raise any issue within such forty-five (45) days, the charges will be deemed final and you hereby explicitly waive any right to dispute such charges. Company shall review such a dispute and determine in its sole discretion as to whether an error needs to be corrected or whether the charges were correct. Company shall respond to you with its decision and its decision shall be deemed final. In the event Company determines that an error occurred, Company shall refund or credit your credit card for the appropriate amount and such refund or credit will be your sole and exclusive remedy for such dispute.
In addition to the amounts charged by Company, standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of the TaxiTapp Services.
Use of the TaxiTapp Services
You may use the TaxiTapp Services only for legal and appropriate uses. Company reserves the right to make changes to the TaxiTapp Services at any time and without notice. Your access to and use of the TaxiTapp Services is completely at the discretion of Company, and your access to and use of the TaxiTapp Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the TaxiTapp Services.
• You may not intimidate, harass or intentionally offend Providers.
• You may not book Transportation Services that you do not intend to use or cancel Transportation Services that you book without good cause.
• You may not use the TaxiTapp Services for commercial purposes.
• You may not attempt to gain unauthorized access to any portion or feature of the Services, by hacking, password “mining” or any other illegitimate means.
• You may not interfere or attempt to interfere with the TaxiTapp Services or another person’s use of the TaxiTapp Services.
• You may not create or use accounts under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.
• You may not embed any page of the Site in “frames” running from other websites.
• You may not mirror the Site or the Services on any other website or server.
• You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
• You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
• You may not use automated means (such as harvesting bots, robots, spiders, or scrapers) to access the Site.
In addition, you acknowledge that the functional use of the TaxiTapp Services may be dependent on the data related to your geographic location and geopositional data. Accordingly, you agree that your failure to provide (or make accessible) that data may limit the functionality of the TaxiTapp Services.
Company grants you a limited, non-exclusive, non-transferable license to access and use the TaxiTapp Services in legally authorized jurisdictions for personal non-commercial purposes. This license is contingent upon your payment of any applicable Transportation Fees and your compliance with these Terms.
Company grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Company. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. Any unauthorized use of the Site shall automatically terminate the license granted to you by Company for such use.
The TaxiTapp Services are licensed to, and not sold to, to you for use under these Terms. All rights in the TaxiTapp Services not expressly granted to you shall be deemed as reserved for the exclusive use by Company. You acknowledge and agree that the TaxiTapp Services, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the TaxiTapp Services shall at all times remain the sole property of Company. You will not acquire any right, title or interest in or to the TaxiTapp Services by reason of these Terms, except for the non-exclusive license to use the TaxiTapp Services in accordance with these Terms.
Except as otherwise noted on the Site, all information, documentation, and other content posted on the Site are the property of Company, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of the Site are the property of Company. The posting of information, documentation, and other content does not constitute a waiver of any of Company’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on the Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records.
The Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Company does not endorse, and Company is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. Company is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Company shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TAXITAPP SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TAXITAPP SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT TAXITAPP SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE TAXITAPP SERVICES (INCLUDING ESTIMATES REGARDING THE AMOUNT OF ANY TRANSPORATION FEES, ESTIMATES REGARDING THE TIME A TAXI WILL ARRIVE AT YOUR PICKUP OR DROPOFF LOCATION, INFORMATION REGARDING GEOPOSITIONAL DATA AND CONTACT INFORMATION FOR PROVIDERS) HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE TAXITAPP SERVICES UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE TAXITAPP SERVICES IS AT YOUR SOLE RISK. NEITHER COMPANY, NOR ANY OF COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE TAXITAPP SERVICES OR INABILITY TO GAIN ACCESS TO OR USE TAXITAPP SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT WILL COMPANY OR ANY COMPANY ASSOCIATES BE LIABLE TO YOU FOR ANY DAMAGES RELATING TO (A) THE TRANSPORTATION SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROPERTY OR NEGLIGENCE THAT RESULTS FROM YOUR USE OF THE TRANSPORTATION SERVICES; AND/OR (B) THE ACTIONS OR INACTIONS OF ANY PROVIDERS, INCLUDING A PROVIDER’S FAILURE TO PROVIDE AGREED UPON TRANSPORTATION SERVICES. ALL CLAIMS RELATED TO THE TRANSPORTATION SERVICES AND/OR THE ACTIONS OR INACTIONS OF A PROVIDER ARE SOLELY BETWEEN YOU AND THE APPLICABLE PROVIDER.
IN NO EVENT WILL COMPANY OR ANY COMPANY ASSOCIATES BE LIABLE TO FOR CLAIMS THAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH YOUR USE OF THE TAXITAPP SERVICES (SUCH AS ESTIMATES REGARDING FARES, ESTIMATES REGARDING DEPARTURE TIME OR ARRIVAL TIME, INFORMATION REGARDING GEOPOSITIONAL DATA AND CONTACT INFORMATION FOR PROVIDERS). SUCH INFORMATION IS PROVIDED FOR CONVENIENCE ONLY.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE TAXITAPP SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT COMPANY’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMPANY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE TAXITAPP SERVICES ARE PROVIDED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE TAXITAPP SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU USE THE TAXITAPP SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH USE.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
YOU WILL INDEMNIFY AND HOLD COMPANY AND ANY COMPANY ASSOCIATES HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OF THE TAXITAPP SERVICES; AND/OR (C) THE TRANSPORTATION SERVICES AND/OR YOUR INTERACTIONS WITH ANY PROVIDERS.
Where required, Company may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the TaxiTapp Services, or your dealings with Company, please email or write to:
1521 Concord Pike STE 303,
Wilmington, Delaware 19803
Law, Jurisdiction and Venue
These Terms and your access to and use of the TaxiTapp Services are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Delaware, without reference to its conflict of law provisions. All disputes arising out of or related to these Terms shall be exclusively brought and exclusively maintained in the courts of competent jurisdiction situated in New Castle County, Delaware. You hereby consent to and waive any objection to the exclusive personal jurisdiction and venue of such courts.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional policies and agreements posted on the Site related to the TaxiTapp Services, represent the entire understanding between you and Company regarding your relationship with Company and your use of the TaxiTapp Services. These Terms supersede all previous written or oral agreements between you and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.