Terms Of Service
INTRODUCTION
The terms and conditions stated herein constitute a legal agreement between the user (“Customer”) and Austin Unique Transportation.
By using or receiving any services supplied to Customer by Company, and downloading, installing, or using any associated Application (“App”) supplied by Company, which purpose is to enable Customer to use Company’s services, Customer hereby expressly acknowledges and agrees to be bound by the terms and conditions set forth below, and any future amendments and additions to the terms, as published from time to time at www.AustinUniqueTransportation.com or associated App store. Customer is responsible for regularly reviewing this agreement. Continued use of Company’s services or App after any such changes or amendments shall constitute Customer’s consent to such changes or amendments.
ABOUT OUR SERVICES
The capabilities of the App include, but are not limited to:
Enabling individuals seeking transportation services (including but not limited to: taxi operators, limousine operators, and/or chartered bus operators) to be matched with third-party transportation service providers;
GPS functionality that allows Customer to narrow the pool of transportation service providers based on location, needs, and preferences; and,
Providing a communications platform that allows Customer and transportation service providers to communicate without sharing contact information.
TRANSPORTATION OR TRANSPORTATION SERVICES ARE NOT PROVIDED BY COMPANY. The provision of transportation services, which can be scheduled via the app, is the responsibility of the third-party transportation service provider. The company provides customers with information and a method to obtain third-party transportation services; however, it does not provide said services, nor does it intend to act in any capacity as a provider of transportation services, and it assumes no responsibility or liability for any services that these third-party providers of transportation provide to their customers.
REPRESENTATIONS AND WARRANTIES
Customer explicitly represents and certifies that it is legally permitted to enter into this agreement by using the App. Customer must adhere to any age restrictions imposed by their jurisdiction or refrain from using the App if they live in a place where it is illegal for them to use these services or to engage into agreements like this one. Without limiting the aforementioned, children, or those under the age of eighteen (18) years, are not permitted to use the App. Customer certifies that they are at least eighteen (18) years old by using the app. Customer represents and certifies that, by using the App, Customer has the legal power and permission to engage into this agreement and to abide by the
Customer may only access the service using authorized means. It is Customer’s responsibility to check to ensure Customer has downloaded the correct App for Customer’s device. Company is not liable if Customer does not have a compatible handset or if Customer has downloaded the wrong version of the App for Customer’s handset. Company reserves the right to terminate the agreement should Customer be using the App with an incompatible or unauthorized device.
By using the App or services, Customer agrees that :
- Customer will only use the service or App for lawful purposes;
- Customer will not use the services for sending or storing any unlawful material or for
- fraudulent purposes;
- Customer will not use the services or App to cause nuisance, annoyance, or inconvenience;
- Customer will not impair the proper operation of the network;
- Customer will not try to harm the service or App in any way whatsoever;
- Customer will not copy, modify, or distribute the App or other content without written permission from Company;
- Customer will not make derivative works based upon the App or related software;
- Customer will not reverse engineer the App or software;
- Customer will use the App for Customer’s own use and will not resell it to a third party;
- Customer will keep secure and confidential Customer’s account password or any identification Company provides Customer which allows access to the services;
- Customer will provide Company with any proof of identity Company may reasonably request;
- Customer will only use an access point or data account that Customer is authorized to use;
- Customer is aware that when requesting services by SMS, standard messaging charges apply;
Customer will not bypass any robot exclusion headers or other measures we take to restrict access to the App or use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data; and,
Company reserves the right to discontinue any aspect of the service or App at any time.
LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT
Subject to Customer’s compliance with these terms and conditions, Company grants Customer a limited, non-exclusive, non-transferable license: to view, download, and print any Company content solely for Customer’s personal and non-commercial purposes; and, to view any user content to which Customer is permitted access solely for Customer’s personal and non-commercial purposes.
Customer has no right to sublicense the license rights granted in this section. Customer will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the service or App, except as expressly permitted in this agreement. No licenses or rights are granted to Customer by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this agreement.
APP LICENSE
Subject to Customer’s compliance with this agreement, Company grants Customer a limited non-exclusive, non-transferable license to download and install a copy of the App on a mobile device or computer that Customer owns or controls, and to run such copy of the App solely for Customer’s own personal use.
Additionally, the user agrees to use any App obtained from the Apple App Store only in the following ways: (i) on a product branded under the Apple, Inc. (“Apple”) brand that runs iOS, the company’s proprietary operating system; and (ii) in accordance with the “Usage Rules” outlined in the Apple App Store Terms of Service. Regarding any application that the customer downloads or accesses from Google, Inc. (“Google”), they shall use it in accordance with any usage guidelines, license agreements, or terms of use that Google may specify.
Company reserves all rights in and to the App not expressly granted to Customer under this agreement. Google and Apple are not parties to this agreement and shall have no obligations. However, Google, Apple and their subsidiaries are third-party beneficiaries of this agreement. Upon Customer’s acceptance of this agreement, Google and Apple shall have the right (and will be deemed to have accepted the right) to enforce this agreement against Customer as a third-party beneficiary thereof. This agreement incorporates by reference the Licensed App End User License Agreement published by Apple and Google, for purposes of which, Customer is “the end-user.”
In the event of a conflict in the terms of the Licensed App End User License Agreement and this agreement, the terms of this agreement shall control.
In addition, Customer shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the App or services or the data contained therein; or (v) attempt to gain unauthorized access to the App or services or its related systems or networks.
Unless a device has been provided to Customer by Company with this App installed thereon, Customer must provide at Customer’s own expense the equipment, Internet connections, or devices and/or service plans to access and use this App. Company does not guarantee that this App can be accessed on all devices or wireless service plans. Company does not guarantee that this App is available in all geographic locations. Customer acknowledges that when Customer uses this App, Customer’s wireless carrier may charge Customer fees for data, messaging, and/or other wireless access. Customer must check with Customer’s carrier to see if there are any such fees that apply to Customer. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY COSTS CUSTOMER INCURS TO ACCESS THIS APP FROM CUSTOMER’S DEVICE. Company will use reasonable efforts to make the App available at all times, provided, however, Customer acknowledges that the connection between the App and the server is provided via the Internet and mobile networks and thus the quality and availability of the connection may be affected by factors outside the reasonable control of Company.
COPYRIGHT POLICY
Company respects copyright law and expects Customer to do the same. It is Company’s policy to terminate in appropriate circumstances any users or account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
PAYMENT TERMS
Any fees that the company decides to charge the customer for the application are non-refundable and are due right away. This policy will always be in effect, regardless of whether the customer decides to stop using the app, when the company decides to stop using the app, whether the disruption was planned, unintentional, or malicious, or for any other reason. The company maintains the right to choose the ultimate going rate.
The company reserves the right to provide promotional offers to any customer with varying features and prices. Unless specifically made to the customer, these promotional offers will not affect the customer’s offer or contract in any way. The company has the right to alter the service or app costs if it thinks it will benefit its operations.
The customer will use the company’s website or mobile app to pay for the services. Customer understands and acknowledges the risk that third parties may be able to intercept transmission of data online, including but not limited to credit card numbers, even though Company will use reasonable efforts to employ secure methods of data transmission, encryption of credit card numbers, and other security features. Except for the purposes specifically stated in these terms and conditions, Company shall not use Customer’s financial information (including credit card numbers) for any other purpose. However, Company shall not be responsible for any unauthorized or illegal use of such information by third parties.
THIRD-PARTY SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES
For clarity, Company requires all third-party transportation service providers to represent and warrant that they:
(1) are at least 21 years of age;
(2) possess a valid driver’s license and are authorized to operate a ground transportation service vehicle by the appropriate State or City governmental authorities;
(3) maintain a valid policy of liability insurance in compliance with all legal requirements;
(4) will obey all traffic laws and will be solely responsible for any violations of such laws;
(5) will not discriminate or harass any Customer on the basis of race, national origin, religion, gender, gender identity, physical or mental disability medical condition, marital status, or sexual orientation in violation of any State or Federal law;
(6) have not been convicted of any violation resulting in revocation or suspension of their driver’s license or authority to operate a ground transportation vehicle;
(7) are driving a ground transportation vehicle that has been inspected by a facility approved by the appropriate State or City governmental authorities;
(8) will charge Customer only according to the legal and authorized methods (including but not limited to, visible transportation meter);
(9) will transport only up to the maximum number of passengers corresponding to the available seat belts in the ground transportation vehicle; and,
(10) will charge Customers for additional costs only according to legal and authorized rules and regulations, such as if Customer soils the interior of the ground transportation vehicle with any bodily fluid or substance requiring clean-up.
THIRD PARTY INTERACTIONS
While using the App and its services, the user has the option to communicate with, buy from, or take part in promotions from third-party service providers, advertisers, or sponsors who display their products or services on the App. Any such action is exclusively between Customer and the relevant third party, as are any terms, conditions, warranties, or representations related to such activity. For any such conversation, purchase, transaction, or promotion between Customer and any such third-party, Company shall not be liable, obliged, or responsible. The company disapproves of any websites that are reached through the services or the app, and it disclaims all liability for any information, goods, or services offered by third parties or on these websites.
Company provides the App and services to Customer pursuant to the terms and conditions of this agreement. Customer recognizes, however, that certain third-party providers of goods and/or services may require Customer’s agreement to additional or different terms and conditions prior to Customer’s use of or access to such goods or services, and Company disclaims any and all responsibility or liability arising from such agreements between Customer and such third party providers.
INDEMNIFICATION
By entering into this agreement and using the App or services, Customer agrees that Customer shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Customer’s violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein; (b) Customer’s violation of any rights of any third party, including providers of transportation services arranged via the service or App; or, (c) Customer’s use or misuse of the App or services.
DISCLAIMER OF WARRANTIES
Regarding the accuracy, completeness, timeliness, quality, suitability, availability, and reliability of the service or app, the company makes no representations, warranties, or guarantees. The company makes no representations or warranties about (A) the security, timeliness, uninterruptedness, error-free operation of the service or app, or its compatibility with any other hardware, software, system, or data. (B) THE SERVICE OR APP WILL CONFORM TO THE NEEDS OR EXPECTATIONS OF THE USER, (C) ANY STORED DATA WILL BE RELIABLE OR ACCURATE, (D) THE QUALITY OF ANY GOODS, SERVICES, DATA, OR OTHER MATERIAL THAT THE CUSTOMER PURCHASES OR OBTAINS VIA THE SERVICE WILL COMPLETE WITH THE CUSTOMER’S NEEDS OR EXPECTATIONS, (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE, OR (F) ERRORS OR DEFECTS IN THE SERVICE OR APP WILL BE CORRECTED
THE SERVICE AND APP IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APP.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF CUSTOMERR USE OF THE APP AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH CUSTOMER, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INTERNET DELAYS
COMPANY’S SERVICE AND APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APP, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APP, ANY RELIANCE PLACED BY CUSTOMER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN CUSTOMER AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APP, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY MAY INTRODUCE CUSTOMER TO THIRD PARTY TRANSPORTATION SERVICE PROVIDERS. COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTY PROVIDERS AND CUSTOMER EXPRESSLY WAIVES AND RELEASES THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH THIRD PARTY PROVIDERS. COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN CUSTOMER AND ANY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS CUSTOMER MAKES REGARDING SERVICES OFFERED VIA THE APP OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH CUSTOMER.
The third party provider who ultimately offers the transportation services to the customer has full responsibility for the quality of labor and equipment supplied by the transportation service provider through the use of the service or app. Thus, the customer understands that by using the app and the service, they run the risk of exposing themselves or their property to situations that could be harmful to minors, offensive, unsafe, or otherwise objectionable. They also understand that they use the app and the service at their own risk. In the event that a customer suffers harm or losses as a result of a third-party service provider, the company disclaims all liability.
NOTICE
Company may give notice by means of a general notice on the App service, electronic mail to Customer’s email address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to Customer’s address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Customer may give notice to Company (such notice shall be deemed given when received by the Company) at any time by any of the following: email sent to Company at the following email address: taxiconect@gmail.com, or letter delivered by first class postage prepaid mail to Company at the following address: _______________, addressed to the attention of: Manager.
ASSIGNMENT
This agreement may not be assigned by Customer without the prior written approval of Company but may be assigned without Customer’s consent by Company to (1) a parent or subsidiary, (2) an acquirer of assets, or (3) a successor by merger. Any purported assignment in violation of this section shall be void.
RELATIONSHIP BETWEEN SERVICE PROVIDERS AND COMPANY
There is no employment agreement between the transportation service providers and the company; they are independent contractors rather than joint venture partners, employees, owners, or agents of the company. Furthermore, service providers acknowledge and accept that they do not have the right to bind the company and will not represent to any third party that they do, whether in their capacity as partners, employees, or otherwise.
TERM AND TERMINATION OF AGREEMENT
The moment you use the App or the services, this agreement comes into force. Both the customer and the company have the right to discontinue the service at any time and for any reason, and the company has the right, at its sole discretion, to forbid the customer from using the app or services. When either the customer or the company ends the customer’s participation or access, the terms of this agreement—as well as any updates or modifications—will always be in force.
DISPUTE RESOLUTION
Customer and Company agree that any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the services or App, will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Customer acknowledges and agrees that Customer and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless both Customer and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of this agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available atwww.adr.org/armed or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The Arbitration Procedure. In accordance with the AAA Rules, a party wishing to start arbitration must give the other party a written Demand for Arbitration. The parties will choose the arbitrator from the AAA’s roster of consumer dispute arbitrators; the arbitrator may be a retired judge or a lawyer licensed to practice law in the relevant state. The AAA will select the arbitrator in line with the AAA Rules if the parties cannot agree on an arbitrator within seven (7) days of the Demand for Arbitration being delivered.
Arbitration Location and Procedure. Unless Customer and Company otherwise agree, the arbitration will be conducted in Travis County, Texas, the jurisdiction of Company’s principal place of business. If Customer’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents Customer and Company submit to the arbitrator, unless Customer requests a hearing or the arbitrator determines that a hearing is necessary. If Customer’s claim exceeds $10,000, Customer’s right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator’s ruling. The arbitrator will make an award in accordance with the deadline outlined in the AAA Rules. The key conclusions and findings the arbitrator relied on to make the award will be included in the decision. Any court with jurisdiction over the arbitration award may enter a judgment on it. The terms of the preceding “Limitation of Liability” section regarding the kinds and amounts of damages for which a party may be held accountable must be adhered to by the arbitrator’s judgment of damages. Only in the claimant’s favor and to the degree required to give relief supported by the claimant’s particular claim may the arbitrator grant declaratory or injunctive relief. The winning party in arbitration shall be entitled to a settlement that includes legal fees.
Fees. Customer’s responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Customer’s claim for damages does not exceed $75,000, Company will pay all such fees unless the arbitrator finds that either the substance of Customer’s claim or the relief sought in Customer’s Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date Customer first accepted this agreement (or accepted any subsequent changes to this agreement), Customer may reject any such change by sending written notice (including by email to ___________) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to Customer notifying Customer of such change. By rejecting any change, Customer are agreeing that Customer will arbitrate any Dispute between Customer and Company in accordance with the provisions of this “Dispute Resolution” section as of the date Customer first accepted this Agreement (or accepted any subsequent changes to this Agreement).
GENERAL
This agreement, as well as your use of the service or App, do not create any joint venture, partnership, employment, or agency relationship between Customer, Company, or any third party provider. The agreement’s other provisions will be enforced to the utmost extent permitted by law if any provision is found to be defective or unenforceable. Unless acknowledged and agreed to in writing by Company, the failure of Company to enforce any right or provision in this agreement shall not be construed as a waiver of such right or provision. This agreement contains all of the terms and conditions between the customer and the company, superseding any previous or contemporaneous conversations, agreements, or negotiations between the parties regarding the subject matter contained in such previous or contemporaneous documents.
Austin Unique Transportation
Provides Reliable And Safe Taxi Service In Austin. We Provide On-Time Transportation In A Smooth And Professional Manner. We Offer 24/7 Service In Austin & Surrounding Area. Best Taxi Service In Austin.