TERMS & CONDITIONS
Effective Date: Thursday, January 5, 2017
Updated: Thursday, January 5, 2017
By accessing and using the Services you agree to be bound by the Terms described in this document. These Terms create a contractual relationship between you and TG. You do not have to agree to these Terms, in which case, you will not enter into a contractual relationship with us. If you elect to access or use our Services, however, you must accept to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements between you and TG. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
From time to time, we may need supplemental terms to apply to certain Services, such as policies for a particular event, activity or promotion. We will disclose these supplemental terms to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, our Terms for the purposes of the applicable Service(s). If there is a conflict between our supplemental terms and these more general Terms, the more specific of the two, likely the supplemental terms, will take precedence with respect to the applicable Services.
We may amend the Terms related to the Services from time to time. Amendments are effective when we post them at this location or the amended policies or supplemental terms on the applicable Service(s). By continuing to access or use the Services after we have posted amendments, you agree that it is appropriate for us to consider that you have expressly consented to be bound by the Terms, as amended. Keep in mind that it remains your responsibility to stay informed as to any and all amendments that we post, even if you do not receive our reminders that amended Terms have been posted.
The Services that we provide constitute a technology platform that enables you and other users of TG’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services, whether directly or indirectly through a commissioned third party as a facilitator, with other third party providers of such services, including independent third party taxi drivers, taxi fleet owners, taxi lines, and third party logistics providers (“Third Party Providers”). Unless we specifically agree otherwise in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT TG DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, TG grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights that we do not expressly granted you as part of these Terms are reserved by TG and TG’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TG; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain TG’s property or the property of TG’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner TG’s company names, logos, product and service names, trademarks or services marks or those of TG’s licensors.
YOUR USE OF THE SERVICES
You must register for and maintain an active personal user Services account (“Account”) to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to provide us with certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. If you fail to maintain accurate, complete, and current Account information, we may discontinue your ability to access and use the Services or terminate this Agreement with you. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may have only one Account with TG, unless we notify you otherwise in writing.
USER REQUIREMENTS AND CONDUCT
For a host of reasons, we do not wish to make the Services available for use by persons under the age of 18. As a result, you agree that you cannot and will not authorize third parties to use your Account for the transportation of persons under the age of 18, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless you accompany them. You agree to operate; request and or accept trip request pickups and request and or execute drop offs within the limits of our service area(s). All pickups and drop offs shall originate and terminate within a 150 mile radius of the markets we operate in. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You agree that you will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you acknowledge and agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
INDIRECT THIRD PARTY ACCOUNTS
A Third Party Provider who agrees to the same terms of service indicated above may facilitate Service on your behalf by using his or her own account to order the Service. The Third Party Provider may be contracted with TG to receive commission for arranging your Service, and where the Third Party Provider providing your transportation successfully collected your payment.
TG may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that we may establish on a per promotional code basis (“Promo Codes”). You agree that, to the fullest extent allowed by law, Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TG; (iii) may be disabled by TG at any time for any reason without liability to TG; (iv) may only be used pursuant to the specific terms that TG establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. TG reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that TG determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TG, through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content that you may provide remains your property. However, by providing User Content to TG, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TG’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TG the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that uploading User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TG in our sole discretion, whether or not such material may be protected by law, is a significant violation of these Terms and may cause us to end our contractual relationship. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. You understand and acknowledge that your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TG does not guarantee that the Services, or any portion thereof, will function on any particular hardware, operating software or devices. In addition, you agree that we bear no responsibility for the fact that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, you are required to pay the Third Party Provider with any method available in the Third Party Provider’s taxi.
Although, TG always prepares an estimated Charge based on the taxi meter per mile rate of the local municipality, actual Charges are calculated by the local municipality’s taxi rates programmed into the taxi meter, or Charges may be as agreed to by you and the Third Party Provider based on the local municipality’s hourly rate or negotiated rate. TG adds a Dispatch Fee and a tip for the Third Party Provider will be added, however, you may change the tip amount. All Charges are due immediately.
Additionally, you may also pay the Charge via TG. TG will facilitate your payment of the applicable Charges on behalf of the Third Party Providers, as such Third Party Providers’ limited payment collection agent. In this case, you acknowledge and agree that paying the Charges, as described above, is considered to be identical to you making the payment directly to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. The Charges that you pay are deemed final and non-refundable, unless we agree to otherwise in writing. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. TG will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
We will ensure the payment of all your Charges using the preferred payment method designated in your Account. We will send you a receipt by email after each Charge. If your primary Account payment method is expired, invalid or otherwise not able to be charged for any reason, you agree that TG may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and TG, TG reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in TG’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas or special event designations . TG will use reasonable efforts to inform you of all Charges that may apply, provided that you will be responsible for Charges incurred under your Account, or in the taxi, regardless of your awareness of such Charges or the amounts thereof. We may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods. You acknowledge that we may make certain representations (on TG’s website, in the Application, or in TG’s marketing materials) to the effect that tipping is “voluntary” or “not required” as part of the payments you make for services or goods provided, and that you do not and will not construe these representations to suggest that we provide any additional gratuity amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
REPAIR OR CLEANING FEES
You acknowledge that you may bear responsibility for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property that you may cause as a result of your use of the Services under your Account (“Repair or Cleaning”). In the event that a Third Party Provider makes us aware of a legitimate need for Repair or Cleaning, we reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by TG to the applicable Third Party Provider and are non-refundable.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TG DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TG WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT WILL OUR ANY LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED FIVE HUNDRED U.S. DOLLARS (US $500) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.
ALTHOUGH YOU MAY USE OUR SERVICES TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT WE BEAR NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY DESCRIBED IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold us and our officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) our use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PERFORMANCE OF SERVICES, WHETHER ARISING OUT CONTRACTUAL OBLIGATIONS, OR GENERALLY OWED DUTY (TORT), OR OUT OF ANY LOCAL, STATE OR FEDERAL CONSTITUTION, STATUTES, LAWS, RULES OR REGULATIONS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, (“THE DISPUTES”) WILL BE SUBMITTED TO AND DETERMINED BY FINAL AND BINDING ARBITRATION IN JEFFERSON PARISH, LA, BEFORE A SOLE ARBITRATOR, PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. SEC. 1, ET SEQ. THE ARBITRATOR WILL BE SELECTED, AND THE ARBITRATION CONDUCTED, IN ACCORDANCE WITH THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF A SET OF PROCEDURES SIMILAR TO THOSE, WHICH THE PARTIES MAY SPECIFICALLY AGREE TO USE, AS FURTHER DETAILED BELOW.
Any post-award proceedings, if any, will be conducted in accordance with the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. With the exception of the fee to initiate the arbitration, which will generally be our exclusive responsibility as further explained below, the costs of the arbitration, including the fees and expenses of the arbitrator, shall be determined by the arbitrator, unless you and we agree to something different in writing. Unless the arbitrator reaches a different conclusion, each party shall bear its own costs and attorneys’ fees.
YOU AND TG WAIVE ANY RIGHT TO LITIGATE ANY DISPUTE, CLAIM OR CONTROVERSY, AS DEFINED ABOVE, IN A COURT OF LAW, UNLESS THIS PROVISION IS DEEMED INVALID, BUT IN ANY EVENT, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (AND ANY OTHER PERSONS OR ENTITIES ASSOCIATED WITH EITHER YOU OR US), UNLESS AGREED TO OTHERWISE IN WRITING, WILL BE SUBMITTED TO ARBITRATION (OR, IN THE EVENT THE ARBITRATION CLAUSE IS DEEMED INVALID FOR ANY REASON, WILL BE LITIGATED) INDIVIDUALLY AND NOT ON A REPRESENTATIVE OR COLLECTIVE BASIS; THAT YOU OR WE WILL NOT CONSOLIDATE CLAIMS WITH THE CLAIMS OF ANY OTHER INDIVIDUAL OR ENTITY; THAT YOU AND WE WILL NOT SEEK CLASS OR COLLECTIVE ACTION TREATMENT FOR ANY CLAIM THAT YOU OR WE MAY HAVE; AND THAT YOU OR WE WILL NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST YOU OR US OR ANY PERSONS OR ENTITIES ASSOCIATED WITH EITHER YOU OR US.
If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with their rules in effect at the time of filing for the resolution of such disputes, for instance AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”), except as modified by this “Dispute Resolution” section. AAA maintains copies of their applicable rules on their websites, and they can be specifically requested by phone or email.
You or we must, if so desired, initiate arbitration with a written Demand for Arbitration as prescribed under the procedures defined by AAA. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then a neutral will be appointed using the applicable rules of AAA, as applicable.
ARBITRATION LOCATION AND PROCEDURE
Unless you and TG otherwise agree, the arbitration will be conducted in JEFFERSON PARISH, LA. If a claim does not exceed $10,000, then you and TG agree that the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless either side requests a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the question of whether a hearing should take place will be determined based upon applicable AAA rules.
The arbitrator will render an award within the time frame specified in the applicable Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. In the event you prevail, in the arbitrator’s discretion, you may be entitled to recover taxable costs and reasonable attorney’s fees incurred in the diligent but fair prosecution of the arbitration. If the arbitrator believes that you are the prevailing party and decides that an award of attorneys’ fees is warranted, the standard for such an award, unless otherwise provided by applicable law, would be the amount that a reasonable attorney would charge for performance of the legal services at issue, without regard to any lodestar analysis or alternate fee arrangement that would suggest entitlement to a recovery greater than a reasonable value for the services provided by a legal practitioner with similar experience in the community at issue calculated as a factor of hours reasonably incurred in representation multiplied by a reasonable hourly rate. We will not seek, and hereby waive, all rights under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the applicable AAA Rules. However, if your claim for damages does not exceed $75,000, TG will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your 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)).
Notwithstanding the provisions of the modification-related provisions above, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing TG written notice of such rejection by mail or hand delivery to: TAXI GUARDIAN, LLC., 1018 Central Ave, Suite 102, Metairie, LA 70001, or by email from the email address associated with your Account to: email@example.com within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and TG in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Louisiana, U.S.A., without giving effect to any conflict of law principles that would suggest or result in the application of the law of a different jurisdiction to the fullest extent allowed under law.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to TG’s designated agent. Please visit TG’s web page at fwheet.com for the designated address and additional information.
We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. 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). You may give notice to TG, with such notice deemed given when received by TG, at any time by first class mail or pre-paid post to TAXI GUARDIAN, LLC., 1018 Central Ave, Suite 102, Metairie, LA 70001.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, us or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Should we elect not to enforce any right or provision in these Terms, that election will not constitute a waiver of the right or provision at issue in these Terms unless we acknowledge and agree to that waiver specifically and in writing.
TAXI GUARDIAN (“TG“, “our”, “us”, or “we”) provides a proprietary service (the ”TAXI GUARDIAN Platform”) centered around a smart phone application (the “Application”) that enables persons who seek transportation services (“Riders”) to be matched with third-party transportation service providers (“Drivers”), and to facilitate transactions among Riders and Drivers who use the TAXI GUARDIAN Platform (together referred to as “Users”). The TAXI GUARDIAN Platform includes the Application and any other features, content, websites or applications offered from time to time by TAXI GUARDIAN in connection with the Application. THE TAXI GUARDIAN PLATFORM DOES NOT INCLUDE THE PROVISION OF TRANSPORTATION SERVICES. TAXI GUARDIAN IS A TECHNOLOGY PROVIDER, NOT A TRANSPORTATION CARRIER, AND TAXI GUARDIAN HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY THIRD PARTIES.
INFORMATION WE COLLECT
Upon registration with the Service (either as a consumer, partner or driver), a user profile is developed to further customize the user’s experience. The current required data fields are:
Date of birth
In addition, tracking information is collected as you navigate through our website (the “Website”) or use the Service, including, but not limited to geographic areas. If you are traveling in a vehicle ordered via the Service, the driver’s mobile phone will record your GPS coordinates. Most GPS enabled mobile devices can define one’s location to within 50 feet. We collect this information in order to calculate your fare and do not use it for any other purpose.
We also collect users’ device types and unique identifiers. We use this information for the sole purpose of providing you with the most up to date application and features. You may also choose to upload a photo while using the site or application, if you wish to do so, this information may be viewable by the drivers who are picking you up so that they are able to verify your identity. You may remove such photos or update them at any time by logging into your account. If you use our services through your mobile device, we will track your geo-location information so that you are able to view the drivers in your area, set your pick up location, and so that drivers are able to find your pick up location We will not share this information for any other purpose and will only use this information for the sole purpose of fulfilling your request. You may at any time no longer allow our application to track your geo-location information by turning off the geo-tracking function on your mobile device.
To help us serve you, we use “cookies” to store and sometimes track user information. A cookie is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your web browser.
CHILDREN UNDER 13
The Site and Services are not directed to children and children are not eligible to use our Sites or Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Services.
HOW WE USE YOUR INFORMATION
Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. We use this information to closely monitor which features of the Service are used most, to allow you to view your trip history, store your credit card information with our PCI certified payment partner, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources, we use the mobile information collected so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases marketing purposes. We use the credit card information you provide to us so that we are able to bill you for services.
The Company uses your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer our Website. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when we deem it necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you may deactivate your account.
Based upon the personally identifiable information you provide to us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
We may use your user information to engage in Targeted advertising. This information is a collection of a user’s including the user’s web browsing and search history. This information is used to select which FWHEET.COM advertisement should be displayed to a particular individual on websites other than FWHEET.COM. For example, if you have shown a preference for nursing while visiting FWHEET.COM, you may be served an advertisement from FWHEET.COM for nursing related programs when you visit a site other than FWHEET.COM. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any personal information such as an individual’s name, address or credit card number. Targeted advertisements may come from FWHEET.COM or through third party website publishers.
OUR DISCLOSURE OF YOUR INFORMATION
The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our drivers, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Service are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.
The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as required by law.
If we are involved in a merger, acquisition, or sale of all or a portion of TAXI GUARDIAN you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any additional choices you may have regarding the protection of your personal information.
ACCESS TO YOUR PERSONAL INFORMATION
If your personal information changes, or if you no longer desire our service, you may correct, delete inaccuracies, or amend it by making the change on our member information page or by emailing us at SUPPORT@FWHEET.COM. We will respond to your access request within 30 days.
We will retain your information (including geo-location) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at SUPPORT@FWHEET.COM. We will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
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SOCIAL MEDIA (FEATURES) AND WIDGETS
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
You 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 Service or Application (collectively, “Disputes”) will be settled by binding arbitration within JEFFERSON PARISH, LOUISIANA, 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 within JEFFERSON PARISH, LOUISIANA to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you 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 “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” 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 at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in JEFFERSON PARISH, LA and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Company otherwise agree, the arbitration will be conducted in the JEFFERSON PARISH, LA. If your claim does not exceed $10,000.00, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000.00, your 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 will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, but only to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000.00, and if you prevail in the arbitration by receiving damages for the claimed amount set forth in your complaint, Company will pay all such fees.
Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice 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 you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).