ST TERMS AND CONDITIONS/USER AGREEMENT
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH SHEHAILS CAR SERVICE OFFERS YOU ACCESS TO THE SHEHAILS APPLICATION.
Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for the SheHails Application (the “Application”), an application owned and operated by SheHails Car Service, a New York corporation, whose principal office is located at 601 Halstead Ave, Mamaroneck NY, 10543.
This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and SheHails Car Service (“SheHails”, “Company”, “We,” “Us” or “Our”). Company is willing to license, not sell, the Application to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Application, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then Company is unwilling to license the Application to You. Company reserves all rights not expressly granted to You.
This Agreement is entered into between You and Company. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Application. Company, not Apple, is solely responsible for the Application and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of Apple’s Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
While the SheHails Application is open to everyone, and we are happy to connect male passengers with cars to get them where they need to go, ST is tailored as a “women-for-women” car service that connects female passengers who seek transportation to certain destinations (“Riders”) with female drivers operating vehicles that are either affiliated with the Company or are affiliated with another licensed Dispatch Base (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern Your use of the Application and the services.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a User of Services available on the Application (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
By using or receiving any services supplied to you by the Company and downloading, installing or using any associated application supplied by the Company which purpose is to enable you to use the Service, you hereby expressly acknowledge and agree to be bound by the terms and conditions and the end user license agreement of the Agreement, and any future amendments and additions to this Agreement as published from time to time at http://shehails.com/terms-and-conditions.html or posted on the Application. All amended terms shall automatically be effective after they are posted on the Application or published at http://shehails.com.
You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. This Agreement may not be otherwise amended except in writing signed by You and Company. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE APPLICATION OR REGISTER FOR THE SERVICES PROVIDED ON THE APPLICATION.
1.1 “Content” means audio, video, text, graphics, images, music, software (not including the Application), information or other materials.
1.2 “Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
1.3 “Collective Content” means, collectively, Company Content and User Content.
1.4 “User” means a person who accesses or uses the Service or Application.
1.5 “User Content” means Content that a user publishes, submits, posts, uploads, transmits or is otherwise made available through the Application or Service.
II. REPRESENTATIONS AND WARRANTIES
By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. All Riders must prove truthful and accurate answers to queries posed by the Application or Service; false or misleading responses violate the terms and conditions of this Agreement.
If a Rider seeks a female driver, a female passenger must be present and accompany any male passengers.
When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Service. You may only access the Service using authorized means. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible device, unauthorized device or using the Service by unauthorized means.
By using the Application or the Service, you agree, warrant and promise that you will comply with all applicable laws and regulations, and the Terms stated herein; You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes; You will not use the Service or Application to cause nuisance, annoyance or inconvenience; you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, Trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service;
You are responsible for ensuring that all persons who access the application or service through your Wi-Fi or internet connection are aware of these Terms, and that they comply with them. In the event that someone accesses the service or the application using your account information, we will rely on that information and will assume that it is you or your representative who is accessing the service or the application. You are solely responsible for any and all use of your account information and all activities that arise in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as deemed necessary or reasonable, to ensure the security of our service and application and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Website or the application under your account information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will the Company be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Company under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password. You may not use another’s account at any time, without the permission of the account holder. Please contact us http://shehails.com immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security
All information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details using the Application;
You acknowledge the Internet is not a secure medium and privacy cannot be ensured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
Company grants you no rights with respect to our intellectual property Rights, including, without limitation, copyright, trademarks, trade names, logos, graphics, photographs, animations, videos and text or rights in and to the Company software, applications, the Application and the service or the intellectual property of our advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms. The Content on the Services, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features and the trademarks, trade names, service marks and logos contained therein are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States law and international conventions. Content on the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable license fee to the owners. Company reserves all rights not expressly granted to you above. You agree not to engage in the use, copying, or distribution of any of any content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein.
You agree that you will not impair the proper operation of the network, will not try to harm the Service or Application in any way whatsoever. You will not copy, or distribute the Application or other content without written permission from the Company. You will only use the Application and Service for your own use and will not resell it to a third party. You will refrain from doing anything that we reasonably believe to be disreputable or capable of damaging our reputation; You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. You will provide us with whatever proof of identity we may reasonably request. You will only use Wi-Fi, an access point 3G data account or 4G data account that you are authorized to use.
We are not responsible for the behavior, actions or inactions of affiliated drivers who provide you with transportation services. The company disclaims any and all liability related to your interaction with and use of the transportation services provided by affiliated drivers.
III. PAYMENT TERMS
Payment for services requested by the user will be taken at the time the reservation is made by using the credit card, debit card or other account information you registered with and/or provided to the Company on the “Payment Options” screen. You agree that we may verify and authorize your card or account details when you first register or provide such to the Company as well as when you request and/or use the service of the Company.
By providing a credit card, debit card, corporate account or similar payment account information to Company and placing a reservation (booking the transportation service requested) by clicking the “Book” button on the “Select Car & Book” screen, you hereby authorize Company to charge your account for the full amount due for the transportation service requested. By entering the information for your credit card, debit card, corporate account or similar payment account, you hereby represent and confirm that you are an authorized user of the card or account and that the associated information entered (account holder name, account number, billing address, etc.) is true and accurate.
You may opt for payment via “Auto Charge” by checking the “Auto Charge” checkbox on the “Payment Details” screen. If you opt for payment via “Auto
Charge”, you acknowledge, understand and agree that full payment for the transportation services requested will be automatically charged once you click the “Book” button on the “Select Car & Book” screen. You further acknowledge, understand and agree that by checking the “Auto Charge” checkbox on the “Payment Details” screen, the “Payment Options” screen will not be displayed and the Company is authorized by you to charge the account on file and associated with “Auto Charge” for the full amount due for the transportation service requested. Only by unchecking the “Auto Charge” checkbox will you then be prompted to re-enter the payment method.
Once you have made a reservation and booked the transportation service by using the application, full payment will be taken automatically and is non-refundable, unless you fully comply with the terms of the cancellation policy as follows:
For SheHails Now: If the user/customer cancels the reservation within four (5) minutes from the time it was made, there will be no charge to the customer.
For SheHails Later:
Reservations with a pick up location within New York City – If the user cancels the reservation at least one and one half (1.5) hours prior to the requested pick up time, there will be no charge.
Reservations with a pick up location outside of New York City- If the user cancels the reservation at least four (4) hours prior to the requested pick up time, there will be no charge.
For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any.
If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions.
If your credit card issuer or network does not honor a payment transaction, then we have the right to charge the amount of any such transaction to you personally and to collect the amount from you.
If your credit card issuer or network does not honor a payment transaction, we may terminate any or all Services, and we may cancel your right to use the service in the future.
By clicking “Book,” you are consenting to and authorizing Company to charge the account on file for the amount due and you are consenting to receive a one-time confirmation of this payment electronically to any email address you may have provided to us.
The account holder is solely responsible for ensuring that he/she has sufficient credit limit and that his/her Card is in good standing at the time of the charge. The Company shall have the absolute discretion to decline, reject or cancel any request for transportation service without the obligation to notify the account holder on grounds that include, but are not limited to: insufficient credit limit, overdue balance, suspended or closed card/account or card/account is in past due status. In such cases, the Company shall not be liable for any damage that the cardholder may suffer, directly or indirectly, by reason of such rejection or cancellation.
You agree to cooperate with the company and in the event of a dispute over any transaction.
IV. TERMINATION AND ENFORCEMENT
5.1 We reserve the right to terminate these Terms and close any account you have with us at any time with or without notice. We may, in our sole discretion, immediately terminate your account and your access to the service and/or the application without notice, for any or no reason, including if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay for the services provided.
5.2 We reserve the right to suspend, restrict or terminate your access to the service and/or the application at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You are under no obligation to use the Services and may choose to stop using it at any time. You may close your account by following the instructions on the application.
5.4 The Company is not liable to you or any other party for any termination of your account or access to our service and/or the application. Termination of your account will not modify, change or void any payment obligations you may have incurred through your use of the service and/or the application, whether such obligation is to us or a third party.
5.5 We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.
5.6 We reserve the right (but have no obligation under these Terms) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate any Terms, including suspending or terminating your account and/or reporting you to law enforcement authorities.
5.7 We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the service and/or the application. You waive and hold harmless the Company from any claims resulting from any actions taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
V. LIMITS ON OUR LIABILITY
6.1 The Company makes no representation or warranty, either expressed or implied, or otherwise. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law.
6.2 If you are not satisfied with any portion of the service and/or the application, your sole and exclusive remedy is to discontinue use of the service and/or the application. In no event shall the company be liable for damages of any kind, whether arising in contract (including breach of these terms), tort, negligence or under any other legal theory, arising out of or in connection with: (i) your use or inability to use or access the Services, (ii) your use or inability to use or access any websites linked to the service and/or the application, (iii) any content of the Services or such other websites or any services obtained through the Services or other such websites; including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
6.3 We are not responsible and will not refund for: (i) losses not caused by our breach; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any drivers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of other application or service users or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; (v) failure to provide meet any of our obligations under these Terms where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); or (vi) if for any reason, all or any part of the service and/or the application are unavailable at any time or for any period.
6.4 You may be exposed, through the service and/or the application, to content that violates our policy or is otherwise offensive. You access the service and/or the application at your own risk. We may, but are not obligated to, remove content from the Website for any reason, including if we determine or suspect that such content violates these Terms. We take no responsibility for your exposure to content of the service and/or the application whether or not it violates our content policies. We do not make any guarantees about the accuracy, currency, suitability, or qualify of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties.
6.6 We assume no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle.
6.7 To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
VI. LICENSE GRANT AND RESTRICTIONS
7.1 Licenses Granted by Company to Company Content and User Content
7.1.1 Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
7.1.2 You 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, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you 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.
7.2 License Granted by User
7.2.1 We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
7.2.2 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.3 Application License
7.3.1 Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
7.4 Accessing and Downloading the Application from iTunes
7.4.1 The following applies to any App Store Sourced Application:
126.96.36.199 You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You 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 violative 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 Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to SheHails at email address or by calling 718-391-0199.
VII. SMS MESSAGING (TEXT MESSAGES)
8.1 In engaging our Services you may be sent a text message(s) that provide you with important and useful information regarding our Services. You will be charged your mobile telephone network provider’s standard rate for receiving these SMS. Company will not charge you for SMS. Your mobile telephone network provider may impose message or charge limitations which are beyond our control and for which you will be solely responsible.
8.2 By engaging with our Services, including registering, you agree to receive text messages relating to our Services.
8.3 You agree and confirm that you are the owner of the mobile telephone to which you have requested the SMS should be sent to and that you have full authority to authorize such charges and will be solely responsible for charges, if any, to be incurred by the relevant mobile telephone network provider.
8.4 The Company is not liable for any delays or failures in your receipt of any SMS message(s) as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.
8.5 We reserve the right to suspend or terminate any SMS test message that the Company may send without notice to you.
VIII. INTELLECTAL PROPERTY OWNERSHIP
9.1 The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
10.1 By entering into this Agreement and using the Application or Service, you agree that you 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) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service or (iii) otherwise as a result of your negligence or willful
X. DISCLAIMER OF WARRANTIES
11.1 YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE WEBSITE OR THE SHEHAILS APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU 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. THE 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 APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.1 You hereby release the Company, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with the Company or the conduct of any other users or third parties.
XII. INTERNET DELAYS
13.1 THE COMPANY’S SERVICE AND APPLICATION 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.
XIII. LIMITATION OF LIABILITY
14.1 IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU RELATIVE TO THE INDIVIDUAL RESERVATION MADE. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS 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). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 THE COMPANY IS A LICENSED BASE STATION THAT SENDS DISPATCHES TO LICENSED OPERATORS WHO ARE NOT EMPLOYEES OF THE COMPANY. THE LICNSED DRIVER THAT PROVIDES TRANSPORTATION TO YOU IS AN INDEPENDENT CONTRACTOR AND NOT UNDER THE SUPERVISION, DIRECTION AND/OR CONTROL OF THE COMPANY. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PROVISION OF TRANSPORTATION BY THE DRIVER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THE DRIVER WHO PROVIDES TRANSPORTATION. THE RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING ACCEPTING THE PROVISION OF TRANSPORTATION SERVICES BY THE DRIVER VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE DO NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH DRIVER BEOND CONFIRMING THE DRIVER’S STATUS AS BEING LICENSAED BY THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE TRANSPORTATION SERVICE PROVIDED TO YOU BY THE LICENSED DRIVER VIA THE APPLICATION OR SERVICE.
14.3 THE QUALITY OF THE TRANSPORTATION SERVICES PROVIDED BY THE DRIVER RESERVED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE DRIVER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
15.1 The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon 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 the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or certified mail to the company at the following address: SheHails Car Service, 601 Halstead Ave, Mamaroneck NY, 10543.
XV. NO ASSIGNMENT
16.1 This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
XVI. GOVERNING LAW
17.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the choice or conflicts of law rules of such state. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County with the exception that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and propriety rights. You irrevocably consent to the jurisdiction of and venue in such courts (and of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, any objection that you may have now or hereafter as to inconvenient forum.
18.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard or service you receive under these Terms. As set out herein, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
18.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any situation where you breach these Terms. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
18.3 You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
18.4 If any part of these Terms is disallowed or found to be ineffective, invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to apply.
18.5 The headings contained in these Terms are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement.
18.6 These Terms are not intended to give rights to anyone except you and us.
18.7 We may, in our sole discretion, amend or modify these Terms from time to time. It is your responsibility to check these Terms, as they are binding on you. Your continued use of the Website and/or the SheHails application following the posting of changes to these Terms constitutes acceptance of any changes.
18.8 No joint venture, partnership, employment or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application.
18.9 These Terms and Conditions constitute the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
– See more at: http://shehails.com/terms-and-conditions/