date: July 15th, 2018
Access to and use of the Servicesconstitutes your acceptance to be bound by these Terms, and thereby establishesa contractual relationship between you and Taxi2trip. If you do not acceptthese Terms, you will not be able to access or use the Services. These Termsexpressly replace any previous agreement or agreement with you. Taxi2trip mayimmediately terminate these Terms or the Services you use, or in generalterminate the offer or deny access to the Services or to any of them, at anytime and for any reason.
Additional Terms may apply to certainServices, such as policies for a particular event, activity or promotion, andsuch additional terms will be communicated to you in relation to the applicableServices. The Additional Terms supplement the Terms and will be deemed to be anintegral part thereof for the purposes of the applicable Services. AdditionalTerms will prevail over these Terms in case of conflict with applicableServices.
Taxi2trip may change the Services Termsfrom time to time. The changes will come into force with the publication byTaxi2trip of these updated Terms in this site or of the amended policies oradditional Terms on the applicable Services. The continued access or use of theServices after such publication constitutes your consent to be bound by theTerms, as amended.
2. The Services
The Services constitute a technologicalplatform that allows users of mobile applications or Taxi2trip websitesprovided within the framework of the Services (each, an "Application")to organize and schedule transport and / or logistics services with third partyindependent suppliers of such services, including third party independentsuppliers of transport services and third party independent suppliers oflogistics services linked by a contractual agreement with Taxi2trip or some ofthe related companies of Taxi2trip ("Third Party Suppliers"). Unlessotherwise agreed by Taxi2trip in a separate written agreement with you, theServices are made available exclusively for your personal and non-commercialuse. YOU ACKNOWLEDGE THAT Taxi2trip DOES NOT PROVIDE TRANSPORTATION ORLOGISTICS SERVICES NOR AS A TRANSPORT VECTOR AND THAT ALL OF THESETRANSPORTATION OR LOGISTIC SERVICES ARE PROVIDED BY THIRD PARTY INDEPENDENTSUPPLIERS WHO ARE NOT THE DEPENDENCIES OF TAXI2TRIP OR ANY OF THEIR ASSOCIATEDCOMPANIES.
Subject to compliance with these Terms,Taxi2trip grants you a limited, non-exclusive, non-redundant, revocable,non-transferable license to: (i) access and use the Applications on yourpersonal device only in connection with the use of the Services; and (ii)access and use any content, information and related materials that may be madeavailable through the Services, in any case only for its personal andnon-commercial use. All rights not expressly granted in this agreement areexpressly reserved by Taxi2trip and Taxi2trip licensees.
You are prohibited from: (i) removing anycopyright, trademark or other distinctive proprietary marks from any part ofthe Services; (ii) reproduce, modify, prepare derivative works, distribute,license, rent, sell, resell, transfer, publicly display, publicly perform,transmit, distribute in streaming, broadcast via ether or otherwise exploit theServices except as expressly allowed by Taxi2trip; (iii) decompile, reverseengineer or disassemble the Services except as permitted by applicable law;(iv) link, duplicate or frame any part of the Services; (v) use or launchprograms or scripts for the purpose of extracting, indexing, analyzing, orotherwise deriving data from any part of the Services or overburdening orhindering the operation and / or functionality of any aspect of the Services;or (vi) attempt to gain unauthorized access or compromise any aspect of theServices or related systems or networks.
Supply of Services.
You acknowledge that portions of theServices may be made available under the various Taxi2trip brands or on-demandoptions associated with transportation or logistics services, including theon-demand transportation service brands currently referred to as"Taxi2trip," "car pooling," "Taxi," "carvan," "bus,". You further acknowledge that the Services may bemade available under such brands or options upon request by or in relation to:(i) some of Taxi2trip's subsidiaries and associates; or (ii) Third PartyIndependent Providers, including drivers of transport network companies,holders of a rental transport permit or holders of similar permits, permits orlicenses.
Services and contents of third parties.
The Services may be made available oraccessible in connection with the services and content of third parties(including advertising), which Taxi2trip does not control. You acknowledge thatdifferent usage terms and privacy policies may apply to your use of such third-partyservices and content. Taxi2trip does not endorse such services and third-partycontent and under no circumstances Taxi2trip will be responsible for theproducts or services of such third party suppliers. In addition, Apple Inc.,Google, Inc., Microsoft Corporation or Blackberry Limited and / or theirrespective applicable international subsidiaries and affiliates will bethird-party beneficiaries of this contract if you access the Services throughthe use of Applications developed, respectively, for Apple iOS , Android,Microsoft Windows, or Blackberry mobile devices. These third-partybeneficiaries are not parties to this contract and are not responsible for theprovision or support of the Services in any way. Your access to the Servicesusing these devices is subject to the conditions set out in the relevant termsof use of the third party beneficiaries.
The Services and all related rights are andwill remain the property of Taxi2trip, or their respective licensors. Neitherthese Terms nor your use of the Services transfers or assigns to you anyrights: (i) in relation to the Services, except for the limited license grantedabove; or (ii) to use or refer in any way to company names, logos, product orservice names, trademarks, or Taxi2trip service marks or those of Taxi2triplicensees.
3. Your use of theServices
In order to use most of the features of theServices, you must register and maintain a personal user account for theServices ("Account"). You must be at least 18 years of age, or thelegal age of majority in your jurisdiction (if different than 18 years), toobtain an Account. To register your account you must provide Taxi2trip withsome personal information, such as your name, address, mobile phone number andage, and at least one valid payment method (a credit card or an acceptedpayment instrument). You agree to keep accurate, complete and updatedinformation in your account. Failure to comply with our commitment to keep yourAccount information accurate, complete and up-to-date, including keeping aninvalid or expired payment method in the archive, may make it impossible toaccess and use the Services or terminate it. of Taxi2trip of this Contract withyou. You are responsible for all activities that occur on your Account, and arecommitted to maintaining the security and confidentiality of your Accountusername and password at all times. Unless otherwise agreed by Taxi2trip inwriting, you may hold only one account.
Requirements and user conduct.
The Service is not available for use bypersons under the age of 18. You may not authorize third parties to use yourAccount, and may not allow persons under the age of 18 to receive transport orlogistic services from Third Party Suppliers unless they are accompanied byyou. You will not be able to transfer or otherwise transfer your Account to anyother person or entity. You undertake to comply with all applicable laws whenusing the Services, and to use the Services only for legitimate purposes (eg),the transportation of illicit or dangerous materials is excluded). By using theServices, you will not cause annoyance, harassment, inconvenience, or damage toproperty, either towards the Third Supplier or any other party. In some cases,you may be required to provide proof of identity to access or use the Services,and you acknowledge that you may be denied access to or use of the Services ifyou refuse to provide a document of identity.
By creating an Account, you agree that theServices may send you informative text messages (SMS), within the framework ofyour normal operational use of the Services. You can choose not to receive textmessages (SMS) from Taxi2trip at any time by sending an e-mail firstname.lastname@example.org indicating that you no longer wish to receive such messages,together with the phone number of the mobile device that receives the messages. You acknowledge that the choice not to receive text messages (SMS) may affectthe use of the Services.
Taxi2trip may, in its sole discretion,create promotional codes that can be redeemed to credit the Account, or forother features or benefits associated with the Services and / or Third PartyService, subject to the additional conditions Taxi2trip establishes on thebasis of promotional codes ("Promotional Codes"). The useracknowledges that the Promotional Codes: (i) must be used for the intendedrecipients and purpose, and in a lawful manner; (ii) may not be duplicated,sold or transferred in any way, or made available to the general public(published in a form accessible to the public or otherwise), unless expresslyauthorized by Taxi2trip; (iii) can be disabled by Taxi2trip at any time, forany reason, without any liability towards Taxi2trip; (iv) may only be used inaccordance with the specific terms Taxi2trip establishes for this PromotionalCode; (v) they are not valid as a form of liquidity; and (vi) may expire beforebeing used. Taxi2trip reserves the right to withhold or deduct credits or otherfeatures or benefits obtained through the use of Promotional Codes by you orany other user in the event Taxi2trip determines or deems that the use orrefund of the Promotional Code was due in error, fraudulent, illegal, or inviolation of the terms of the applicable Promotional Code or of these Terms.
Content provided by the User.
Taxi2trip may, in its sole discretion,allow from time to time to present, upload, publish or otherwise make availableto Taxi2trip through the Services, text and audio, and / or video content andinformation, including comments and feedback related to the Services , thesubmission of support requests, and the submission of entries for competitionsand promotions ("User Content"). Any User Content you provide remainsyour property. However, by providing the User Content to Taxi2trip, you grantTaxi2trip a worldwide license, perpetual, irrevocable, transferable, royaltyfree, with the right to sub-license, use, copy, modify, create derivativeworks, distribute, publicly display, publicly perform, and otherwise exploit inany way such User Content in all formats and distribution channels known now orin the future (including in connection with the Services and Taxi2trip activityand on third-party sites and services ) without further notice or consent fromyou, and without payment obligation to you or any other person or entity.
You represent and warrant that: (i) you arethe sole and exclusive owner of all User Content or have all the rights,licenses, approvals and permissions necessary to grant Taxi2trip a license forthe User Content as established above; and (ii) neither the User Content, northe presentation, uploading, publication or otherwise making available of suchUser Content by you, nor the use of Taxi2trip of the User Content as herepermitted violate, constitute misappropriation or damage the intellectualproperty rights or property rights, or the rights of publicity orconfidentiality of third parties, or determine the violation of any applicablelaw or regulation.
You agree not to provide User Content thatis defamatory, denigrating, hateful, violent, obscene, pornographic, illegal,or otherwise offensive, as determined by Taxi2trip in its sole discretion,regardless of whether such material may or may not be protected by law.Taxi2trip may, but will not be obliged, examine, monitor or remove UserContent, at Taxi2trip's sole discretion and at any time and for any reason,without notice to you.
Network access and devices.
You are responsible for obtaining access tothe data network necessary to use the Services. The rates and costs formessaging and data transmission of your mobile network may be applicable if youaccess or use the Services from a device with a wireless connection and youwill be responsible for these rates and costs. You are responsible for theacquisition and upgrading of compatible hardware or devices required to accessand use the Services and Applications and related updates. Taxi2trip does notguarantee that the Services, or part of them, will work on any specifichardware or devices. In addition, the Services may be subject to malfunctionsand delays related to the use of the Internet and electronic communications.
You acknowledge that your use of theServices may result in charges against you for services or goods received froma Third Party Supplier ("Charges"). After receiving the services orgoods obtained through the use of the Service, Taxi2trip will facilitate thepayment of the applicable Charges on behalf of the Third Supplier as an agentlimited to the collection of the payments of such Third Supplier. The paymentof the Charges in this way will be considered as a payment made directly by youto the Third Supplier. The charges will be inclusive of applicable taxes whererequired by law. The charges you have paid are final and non-refundable, unlessotherwise agreed by Taxi2trip. You retain the right to request lower chargesfrom a Third-Party Supplier for the services or goods you receive from suchThird-Party Supplier at the time you receive such services or goods. Taxi2tripwill respond appropriately to any request from a Third Supplier to modify theCharges for a particular service or asset.
All debits are to be paid immediately andthe payment will be facilitated by Taxi2trip using the preferred payment methodindicated in your Account, for which Taxi2trip will send you a confirmation bye-mail. If you determine that your account's primary payment method hasexpired, invalid, or otherwise unable to be charged, you agree that Taxi2tripmay, as an agent limited to collecting such Third Party payment, use asecondary payment method in your account, if available.
In the relationship between you andTaxi2trip, Taxi2trip reserves the right to establish, remove and / or modifythe Charges for some or all services or goods obtained through the use of theServices at any time at the sole discretion of Taxi2trip. In addition, youacknowledge and agree that the Charges applicable in certain geographical areasmay increase significantly during periods of high demand. Taxi2trip will makeevery reasonable effort to inform you of any charges that may be applicable,provided that you are responsible for the debits accrued in your Accountregardless of whether you are aware of such charges or the related amounts.Taxi2trip may from time to time provide certain users with promotional offersand discounts that may result in a diversity of the amounts applicable for thesame services or goods obtained through the use of the Services, and you agreethat such offers and promotional discounts, unless available to you, will nothave any bearing on your use of the Services or with the Charges applied toyou. You may choose to cancel the request for services or goods from a ThirdSupplier at any time prior to the arrival of such Third Supplier, in which caseyou may be charged a cancellation penalty.
This payment structure is designed to fullycompensate the Third Supplier for the services or goods supplied. Except forthe taxi transport services requested through the Application, Taxi2trip does notdevolve any part of its payment as a tip or donation for the Third Supplier.Any Declaration by Taxi2trip (on Taxi2trip website, on the Application, or onTaxi2tripr marketing materials), in the sense that the tip is"voluntary", "not required" and / or "included"in the payments that you performs for the services or goods supplied, it is notintended to suggest that Taxi2trip recognizes any additional amount, inaddition to those described above, to the Third Supplier. You acknowledge andagree that although you are free to acknowledge additional donations to anyThird Party Supplier who provides you with the services or goods obtainedthrough the Service, you have no obligation to do so. Tips are voluntary. Afterreceiving the services or goods obtained through the Service, he will have theopportunity to provide an evaluation of his experience and to leave anadditional comment on the Third Supplier.
Repair or cleaning costs.
You will be responsible for the cost ofrepairing any damage or for any necessary cleaning to the Third Supplier'svehicles and assets, arising from the use of the Services with your Account ifsuch damage and necessary cleaning interventions exceed normal wear and tear"(" Repair or Cleaning "). In the event that a Third Supplier signalsthe need for Repair or Cleaning, and such request for Repair or Cleaning isascertained by Taxi2trip at its reasonable discretion, Taxi2trip itselfreserves the right to facilitate the payment of the reasonable cost of suchRepair or Cleaning on behalf of the Third Supplier using the payment methodindicated in its account. These amounts will be transferred from Taxi2trip tothe applicable Third Supplier and are not refundable.
5. Warnings;Limitation of liability; Allowance.
THE SERVICES ARE PROVIDED "AS IS"AND "AS AVAILABLE". Taxi2trip EXCLUDES ALL STATEMENTS AND WARRANTIES,EXPRESS, IMPLIED OR OF LAW, NOT EXPRESSLY LAUNCHED IN THESE TERMS, INCLUDINGIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.IN ADDITION, Taxi2trip MAKES NO REPRESENTATIONS, WARRANTIES OR INSURANCE ABOUTRELIABILITY, TIMELINESS, QUALITY, FITNESS OR AVAILABILITY OF THE SERVICES, OROF THE SERVICES OR GOODS REQUIRED THROUGH THE USE OF THE SERVICES, OR THESERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Taxi2trip DOES NOT WARRANT THEQUALITY, ADEQUACY, SECURITY OR CAPACITY OF THE SUPPLIER PARTNERS. YOU AGREETHAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND OF ANYSERVICE OR WELL REQUIRED IN CONNECTION WITH THEM, EXCLUSIVELY RESERVES ON ITSCHARGE, TO THE EXTENT THAT IT IS PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
Taxi2trip WILL NOT BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR DAMAGE TOPROPERTY, IN RELATION OR IN CONNECTION OR OTHERWISE ARISING FROM THE 'USE OFSERVICES, EVEN IF Taxi2trip IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.Taxi2trip WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISINGFROM: (i) THE USE OR RELIABILITY OF THE SERVICES OR THE INCAPACITY OF ACCESSINGOR USING THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU ANDANY THIRD SUPPLIER, EVEN IF TAXI2TRIP HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. Taxi2trip WILL NOT BE LIABLE FOR THE DELAY OR FAILURE TO EXECUTEFROM ACTIONS WHICH ARE OUTSIDE THE REASONABLE CONTROL OF Taxi2trip. YOURECOGNIZE THAT THE THIRD TRANSPORT SUPPLIERS PROVIDING TRANSPORT SERVICESREQUIRED THROUGH CERTAIN BRANDS REQUIRED MAY OFFER TRANSPORT SERVICES INRIDESHARING OR PEER-TO-PEER AND MAY NOT HAVE LICENSES OR PROFESSIONALPERMISSIONS. IN NO EVENT SHALL THE TOTAL RESPONSIBILITY OF Taxi2trip INRELATION TO THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILLEXCEED THE SUM OF CINQUECENTO EURO (€ 500).
TAXI2TRIP SERVICES CAN BE USED BY YOU TOREQUIRE AND PROGRAM TRANSPORT, SERVICES FOR GOODS AND LOGISTIC SERVICES WITHTHIRD PARTIES SUPPLIERS, HOWEVER YOU RECOGNIZE THAT Taxi2trip DOES NOT HAVE ANYLIABILITY IN CONNECTION WITH TRANSPORTATION, SERVICES FOR GOODS AND LOGISTICSERVICES SUPPLIED TO YOU FROM THIRD PARTY SUPPLIERS OUTSIDE OF EXPRESSLYPROVIDED IN THESE TERMS.
THE LIMITATIONS AND EXCLUSION OF WARRANTYIN THIS SECTION 5 DO NOT LIMIT THE LIABILITY OR MODIFY YOUR RIGHTS AS ACONSUMER WHO CAN NOT BE EXCLUDED FROM APPLICABLE LAW.
You agree to indemnify and hold Taxi2tripand its officers, directors, employees and agents unharmed from any and allclaims, requests, losses, liabilities, and expenses (including attorney fees)arising out of or in connection with: (i) your use the Services or services orgoods obtained through the use of the Services; (ii) the violation by you ofone of these Terms; (iii) the use by Taxi2trip of the User Content; or (iv) theviolation of the rights of third parties, including Third Party Suppliers.
6. Currentlegislation; arbitration.
Except as otherwise provided in theseTerms, these Terms will be subject to and interpreted solely in accordance withthe laws of the Netherlands, excluding its provisions on conflicts of law. The1980 Vienna Convention on the International Sale of Goods (CISG) of 1980 willnot be applicable. Any disputes, conflicts, claims or disputes arising orrelated in a broad sense to the Services or to these Terms, including thoserelating to its validity, interpretation or applicability (the"Disputes"), will be subject to prior mandatory procedures formediation under the Rules on the mediation of the International Chamber of Commerce("ICC Mediation Rules"). If the above Disputes are not settled withinsixty (60) days of the forwarding of a request for a friendly Resolution ofdisputes under the aforementioned ICC Mediation Rules, they will be settled inan exclusive and final manner on the basis of arbitration pursuant to thearbitration of the International Chamber of Commerce ("ICC ArbitrationRules"). The provisions of the emergency arbiter of the ICC Rules areexcluded. The Disputes will be resolved by one (1) arbitrator to be appointedin accordance with the ICC Rules. The place of mediation and arbitration willbe Amsterdam, the Netherlands, subject to any rights you may have pursuant toArticle 18 of the Brussels I bis Regulation (OJ EU 2012 L351 / 1) and / orArticle 6: 236n of the Dutch Civil Code. The language of the mediation and / orarbitration will be English, unless you speak English, in which case themediation and / or the arbitration will take place in English and in yourmother tongue. The existence and content of the mediation and arbitrationproceedings, including the documents and memorials submitted by the parties,correspondence from and to the International Chamber of Commerce,correspondence from the mediator, and correspondence, ordinances and judgmentsissued by arbitrator, will remain strictly confidential and may not bedisclosed to third parties without the express written consent of the otherparty unless: (i) disclosure to third parties is reasonably necessary with aview to the completion of the mediation or arbitration proceedings; and (ii)the third party accepts unconditionally in writing to be bound by theconfidentiality obligation stipulated therein.
Copyright infringement complaints.
Notice of copyright infringement must besent to the designated Taxi2trip agent. Visit the Taxi2trip web page atwww.taxi2trip.com for the designated address and additional information.
Taxi2trip may send notification by means ofa general warning about the Services, by e-mail to the e-mail address in yourAccount, or by written communication sent to its address as indicated in yourAccount. You can send notification to
You may not assign or transfer these Termsin whole or in part, without the prior written consent of Taxi2trip. Youconsent to Taxi2trip so that you can transfer or transfer these Terms in wholeor in part, including: (i) a subsidiary or an associated company; (ii) a buyerof the capital, assets or assets of Taxi2trip; or (iii) a successor following amerger. No relationship of joint venture, partnership, dependency, or agencyexists between you, Taxi2trip and any Third Supplier as a result of thiscontract between you and Taxi2trip or use of the Services.Should any provision of these Terms be held to be illegal,invalid or unenforceable, in whole or in part, in accordance with any law, suchprovision or part of it, to the extent due, shall be deemed not to form part ofthese Terms, but the legality, validity and applicability of the otherprovisions of these Terms can not be considered ineffective or flawed. In suchcase, the parties will replace the illegal, invalid or unenforceable provision,or part of it, with a provision, or part of it, legal, valid and applicablethat has, to the maximum extent possible, an effectiveness similar to that ofthe provision (or part of it) deemed illegal, invalid or unenforceable,considering the contents and purposes of these Terms. These Terms constitutethe entire Contract and the understanding of the parties with reference to itsobject and occur and replace and derogate from all prior or contemporaneousagreements or commitments relating to the same object. In these Terms, thewords "included" and "include" mean "included, but notlimited to".