Terms of Service
IMPORTANT – PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING AND USING TAXIASAP (AS DEFINED BELOW), (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AS DISCUSSED BELOW.
This Agreement is a legal agreement between you and TaxiASAP LLC ("we", "us “or the “Company”) for your use of the Company’s (a) TaxiASAP mobile software application ( the “Software”), (b) website located at https://TaxiASAP.com/. (“Website”), and (c) related services (the Software, Website and related services being referred to collectively as the (“Services”). TaxiASAP enable a potential customer of a vehicle for hire (“User”) to request a professional driver (“Driver”) and enables such Driver to locate such User, using GPS technology.
1. Important disclaimers.
TaxiASAP is intended only for vehicle hailing services and should not be used or relied on as an emergency locator system while driving or operating vehicles, or in a manner where the failure or inaccuracy of TaxiASAP could lead directly to death, personal injury, or severe physical or property damage. For the avoidance of doubt, TaxiASAP does not constitute vehicle dispatching services, vehicle booking services, or vehicle metering services.
2. Consent to Reveal GPS Location, Commercial Location and Telephone Number.
3. Account and payments.
3.1 We require that you create an account with the Company (“Account”) to personalize your experience while using TaxiASAP and to enable us to collect the payments described herein. We may waive this requirement in connection with promotional offers extended to new users of TaxiASAP.
3.2 When you create an Account, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of TaxiASAP does not violate any applicable law or regulation or the terms of this Agreement; and (d) you are at least 18 years old. During the registration process, you will be asked to choose a username and a password for your Account and must associate your phone number and email address with the Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
3.3 When you arrange a ride through TaxiASAP you will be billed a service fee of one dollar and fifty cents ($1.50) for each completed handshake. The handshake occurs when the driver and the user are connected and both driver and user information is displayed on the handheld devices. This fee will be charged to the credit card or other payment card associated with your Account. You are responsible for paying the driver directly for the cab fare plus any extras such as tips or additional service fees.
3.4 We may charge you a cancellation fee if a driver accepts your request for a ride and you either cancel the ride more than a specified period of time after your hail has been accepted or if you fail to meet your driver at the designated pickup location. These fees are described in our Frequently Asked Questions.
3.5 All charges related to your use of application are billed automatically to the card associated with your Account. Our fees are exclusive of any applicable sales or use taxes or other federal, state or local taxes. All payments billed through TaxiASAP are non-refundable. If you have any complaints in relation to the transportation service provided, you must resolve that dispute directly with the driver or the transportation provider, i.e. the cab company.
3.6 TaxiASAP, at its sole discretion, may make promotional offers with different features and different rates to any of its customers. Such promotional offers shall have no cash value. Such promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. TaxiASAP may change the fees for its Services at its discretion.
Subject to the terms of this Agreement, TaxiASAP grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to (a) install and execute one copy of the Software, in executable object code format only, solely on your handheld mobile device and solely for your personal use of TaxiASAP, and (b) reproduce the text, images, and other content on our Website, solely for your own personal use of TaxiASAP.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit TaxiASAP (including the Software and Website) or make TaxiASAP (including the Software and Website) available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of TaxiASAP (including the Software and Website); (c) you shall not access TaxiASAP (including the Software and Website) in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of TaxiASAP (including the Software and Website) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of TaxiASAP (including the Software and Website) provided by TaxiASAP (if any) shall be subject to the terms of this Agreement unless TaxiASAP expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Software and Website and all copies thereof. TaxiASAP reserves the right, at any time, to modify, suspend, or discontinue TaxiASAP (including the Software and Website) or any part thereof with or without notice. You agree that TaxiASAP will not be liable to you or to any third party for any modification, suspension, or discontinuance of TaxiASAP (including the Software and Website) or any part thereof.
TaxiASAP (including the Software and Website) and all worldwide copyrights, trade secrets, and other intellectual property rights therein, are the exclusive property of TaxiASAP and its suppliers. All rights in and to TaxiASAP (including the Software and Website) not expressly granted to you in this Agreement are reserved by TaxiASAP and its suppliers. TaxiASAP name, TaxiASAP logo and the product names associated with TaxiASAP are trademarks of TaxiASAP or third parties, and no right or license is granted to use them.
7. Acceptable use policy.
7.1 You agree not to use TaxiASAP in a manner that is harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, or otherwise objectionable, or in violation of any law or regulation. In addition, you agree not to use TaxiASAP to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, obscene or offensive content, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to TaxiASAP or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to TaxiASAP, other computer systems or networks connected to or used together with TaxiASAP, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of TaxiASAP.
7.2 We reserve the right (but have no obligation under this Agreement) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate this provision or any other provision of this Agreement, including suspending or terminating your Account and/or reporting you to law enforcement authorities. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including your Account, IP address, and traffic information, and usage history.
8. Interaction with Drivers
8.1 You acknowledge and agree to the following: We are not a transportation carrier and do not provide transportation services. Because we do not control Drivers, you acknowledge and agree that we are not responsible for, and make no representations are warranties regarding, any Driver. Your interactions with any Drivers are solely between you and such Drivers, including without limitation payment and delivery of services, and any other terms, conditions, warranties, or representations associated with such interactions. You agree that TaxiASAP will not be responsible for any loss, damage, injury, or death incurred as the result of any such interactions, including without limitation if the Driver does not show up. If there is a dispute between you and any user, we are under no obligation to become involved.
8.2 You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Drivers or other Users or Third-Party Websites.
You agree to indemnify and hold TaxiASAP, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them 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 any claim or demand made by any third party due to or arising out of your download or use of TaxiASAP (including the Software or Website) or your violation of this Agreement. TaxiASAP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of TaxiASAP. TaxiASAP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Disclaimer of Warranties.
TaxiASAP (including the Software and Website) are provided “as-is” and “as available.” TaxiASAP expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, or non-infringement. TaxiASAP makes no warranty that TaxiASAP (including the Software and Website): (a) will meet your requirements; or (b) will be available, uninterrupted, timely, secure, error-free basis, virus-free, accurate, reliable, complete, legal, or safe. If applicable law requires any warranties with respect to TaxiASAP, all such warranties are limited in duration to ninety (90) days from the date of download of the Software.
11. Limitation of Remedies and Damages.
In no event shall TaxiASAP be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from (a) your use of or inability to use TaxiASAP (including the Software and Website), (b) any transportation services you schedule or attempt to schedule by means of TaxiASAP, (c) the use, disclosure, or display of your GPS information, telephone number or location in accordance with this Agreement, or (d) your interactions with any other user of TaxiASAP, even if we have been advised of the possibility of such damages. Access to, and use of, TaxiASAP (including the Software and Website) are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile phone or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of the price you paid for access to TaxiASAP in the prior month or fifty U.S. dollars ($50). Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
12. Basis of Bargain.
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between TaxiASAP and you. TaxiASAP would not be able to provide TaxiASAP (including the Software and Website) on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of TaxiASAP’s suppliers.