Last updated: September 22nd 2023
you, the person at a
venue who is using a Taxi Butler ONE device, Taxi Butler PRO device or any
other Taxi Butler device, or a Taxi Butler QR code with mobile booking website,
which is connected with local Transportation Providers, in order to book a taxi
ride ("you”, “your”); and
Taxi Butler BV, a company
incorporated under the laws of the Netherlands, with address at Keizersgracht
169, 1016 DP Amsterdam, the Netherlands, registered with the trade register of
the Chamber of Commerce with number 58923853 and VAT number NL853240474B01
(either referred to as “Taxi Butler”, “we", “us” or “our”).
By using a Device or QR Tool (collectively and separately "Our
Services") and by using the Transportation Provider Service that is
offered through Our Services by Transportation Providers, you agree to the
without modification or revision. This also applies if a member of staff at the
venue assists you or operates a Device for you as a service: they are acting on
PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS
AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN
A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR
RELATING TO THESE TERMS, YOUR USE OF OUR SERVICES, OR ANY RELATIONSHIP BETWEEN
THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
venues and their members of staff:
you operate Devices as a service to your guests, you understand and accept
that you are acting on behalf of your guests in using Our Services. You
guarantee that before ordering a taxi, you shall inform your guests that you
are booking a taxi on their behalf and that they are bound as a party
(identified herein as "you") to the applicable terms and
You will also inform the guests of the applicable Total Costs for the taxi
booking and taxi ride as it is presented on the Device.
the member of staff of the venue operating a Device, guarantee that you are
authorised to represent the venue you work for in accepting these Terms of
"you") and indemnifies us against all and any passenger claims in
relation to the use of Our Services.
is important that you understand that we may amend, revise or update these
continued use of Our Services after changes are posted constitutes your
acceptable to you, you should not use Our Services.
Our Services allow you to
book and in certain cases pay for taxi rides directly with Transportation
Providers that are connected to Our Services.
constitute the agreement entered into between you and us in respect of your use
your access and use of Our Services, as well as set forth your rights and obligations.
Summary of key terms:
Our Services are
limited to facilitating booking and taking taxi rides directly with Transportation
Providers and in certain instances also paying for such taxi rides.
Your agreement for
booking and taking the actual taxi ride (transportation service) is directly
with the Transportation Provider, and the terms and conditions and privacy
policy of the Transportation Provider govern your legal relationship with the
Transportation Provider. A link to the Transportation Provider T&C’s will
be presented to you when you choose to make a booking by using our Services.
The booking and the taxi ride itself will be governed by those terms.
While we take
commercially reasonable efforts to present a link to the Transportation
Provider T&C’s to you when you make a booking through Our Services, it is
the sole obligation of the Transportation Provider to inform you of the
applicable terms and conditions by having a complete and accurate set of
documents available on that link.
Depending on which of
Our Services you use, we may send you a confirmation of your booking with a
Provider T&C’s for future reference. You may also browse to https://taxibutler.com/terms and the website of the relevant Transportation Provider to
review these documents.
To be very clear, we
are not responsible for your bookings of taxi rides, as we merely facilitate
the booking with the Transportation Provider. Also, we do not provide any
transportation services. We take no responsibility for the provision of
booking services or transportation services by the Transportation Providers
or Drivers with whom you book a taxi ride.
We also do not act as a
principal for the purposes of any ground transportation service on your
behalf. You are booking directly with the Transportation Provider.
The following definitions
Taxi Butler ONE device, Taxi Butler PRO device or any other Taxi
a Taxi Butler QR code with mobile booking website;
the Devices, QR Tools and related services with which you can
access a Transportation Provider Service and book and take a taxi ride with
local Transportation Providers, including the mobile booking tracker website;
that governs your use of Our Services;
an independent third party that provides transportation services
or that operates a service enabling you to book taxi rides from Drivers;
the driver who is driving you to your destination on the basis
of your agreement with the Transportation Provider;
"Transportation Provider Service":
the service of a Transportation Provider to book and take a taxi
ride which is provided to you through Our Services;
the fare, (sur)charges, (government mandated) tolls and taxes
for your taxi ride, which you have an obligation to pay to the Transportation
Provider, excluding the Transportation Provider Booking Fee and excluding any
"Transportation Provider Booking Fee":
the booking fee, if any, that the Transportation Provider
charges you for booking a taxi ride with the Transportation Provider Service
through Our Services;
the service fee, if any, that is payable by you to us in
consideration of the use of Our Services in certain instances or regions;
the Fare including any Transportation Provider Booking Fee which
you have an obligation to pay to the Transportation Provider, and including
any Service Fee which you have an obligation to pay to us;
"Transportation Provider T&C’s":
the terms and conditions of the Transportation Provider that
govern the booking and the taxi ride itself, including the Transportation
the Transportation Provider
Any reference in these
singular include the plural and vice versa.
Booking procedure –
By using Our Services you
is displayed on the Device or QR Tool.
Before making a booking,
Provider T&C’s for that booking. Those Transportation Provider T&C’s
will govern both the booking and the taxi ride itself. You acknowledge that
each Transportation Provider has its own Transportation Provider T&C’s and
that these may vary from Transportation Provider to Transportation Provider
and, therefore, from booking to booking. When you make a booking, you
understand and accept that you are entering into an agreement directly with the
relevant Transportation Provider with which you have made the relevant booking,
and you accept that you will be bound by the applicable Transportation Provider
T&C’s in respect of the relevant booking and taxi ride.
Depending on which of Our
Services you use, after making a booking with a Transportation Provider, we may
send you an SMS text message confirming your booking and with a link to our
to the Transportation Provider T&C’s. An SMS text message also allows you
to manage your booking. In cases where you do not provide your mobile phone
number, we are unable to send you the links and you are responsible for copying
the links during the use of Our Services for future reference.
Based on the location of
the venue where you are and the information you have provided, the Transportation
Provider will send information to the Device or QR Tool on the estimated price
and trip duration for you to see. These are estimated prices and times and
are not binding. Actual times and prices may vary. You acknowledge
and agree that we do not control these estimates and shall have no liability
whatsoever related to the estimates and/or any difference between actual and
estimated prices and times.
We are not a party to the
agreement between you and the relevant Transportation Provider and/or Driver
for the bookings you make, and you agree that we do not provide any guarantees
or accept any liability in respect of the bookings and performance of
transportation services. We are not the agent for any relevant Transportation
Provider or Driver in respect of the services any of them may agree to provide
to you through the Transportation Provider Service or otherwise; rather, Our
Services facilitate your connecting to Transportation Provider and Drivers in
order to make bookings.
You agree that we do not
provide transportation services or act as transporter in respect of any booking
or taxi ride and we do not accept any liability for the provision of these. It
is the Transportation Provider or Driver who is liable towards you for the
provision of transportation services and who acts as transporter.
Each set of Transportation
Provider T&C’s provide important information about your agreement with the
relevant Transportation Provider or its Drivers. Any modification of a booking
must be made in accordance with the relevant Transportation Provider T&C’s.
Although in certain instances we collect these from you in the name of the
Transportation Provider, the amount of the Fare and the Transportation Provider
Booking Fee, as well as any reimbursement that may be due, are set by the
relevant Transportation Provider and governed by its Transportation Provider
Any and all payments that
Changes to Our Services
The current version of
Provider Service. If certain elements of services are governed by different
rules, you will be provided with those prior to making any booking.
We may from time to time
make changes to Our Services and also Transportation Provider Services may
change, including by adding or removing functionality or changing the way in
which either of them operate or are presented to you.
We may modify these Terms
of Use to reflect changes to Our Services or the Transportation Provider
Service, changes in law or changes in the way we or our industry operates, or
for any other reason. By continuing to access and use Our Services and the Transportation
Provider Service, you agree to be bound by the latest version of these Terms of
affect the Total Costs for a taxi ride in respect of a booking made prior to an
modified between a booking and the start of a taxi ride, the version of these
that booking and in respect of the relevant taxi ride.
Prices and payments
All prices, with the
exception of a Service Fee, are payable by you to the Transportation Provider
in consideration of the Transportation Provider Service. In case a Service Fee
is due, that is payable by you to us in consideration of the provision of Our
Services to you.
The Fare displayed on the
Device or QR Tool for a booking, which may be expressed as an estimate, will be
inclusive of the (sur)charges, tolls and taxes for your taxi ride as far as
they are foreseeable to the Transportation Provider. The information displayed
will specify the currency of payment.
Depending on the offer of
the Transportation Provider, the Fare is priced in either of two ways:
Fixed Price: a fixed
price will only change with the addition of ancillary costs, depending on your
taxi ride (waiting time, addition of intermediate stages, address changes,
(sur)charges, toll roads, etc.) as per the Transportation Provider T&C’s;
Estimated Price: an
estimated price is an estimate of the Transportation Provider of the Fare,
subject to external variables such as traffic density, which may modify the
final price and which will be based on the vehicle’s taximeter. The final
metered price will be calculated and charged to you once the taxi ride is
In either case (fixed
price or estimated price), any additional costs you incur in addition to the
Total Costs (for example, costs that may be due if you modify a booking) will
be charged to you according to the relevant Transportation Provider T&C’s,
which you have accepted before making the relevant booking.
After the taxi ride has
been completed, the amount corresponding to the Total Costs will be charged to
the method of payment that is applicable and you have agreed to.
Where your payment is not
made through Our Services, you will pay the Total Costs to the Driver in the
car. The Driver or the Transportation Provider will provide you with a receipt
specifying the Total Costs.
Where your payment to the
Transportation Provider is made through Our Services, we will seek payment
pre-authorization on your method of payment directly after you have made the
booking. Some payment institutions may display this pre-authorization on your
account. Funds will not be deducted from the account until the ride has been
completed, however there may be a reduction in the amount of funds available to
you in the meantime corresponding to the amount pre-authorized. This
pre-authorization shall be for the Total Costs and may be increased to cover
the contingency of (a) a difference between the estimated price and the final
price and (b) additional payments (toll roads, waiting time, etc.). If the
final price of the ride is higher than the amount of the pre-authorization, the
difference will also be deducted in a separate transaction after the relevant
ride. In the event of cancellation, the pre-authorization will be cancelled,
and the amounts will be released in accordance with the operating rules of your
Where your payment to the
Transportation Provider is made through Our Services, your bank statement may
include a reference to one of our trade names to identify the fact that payment
was made in relation to Our Services.
We shall take all
reasonable steps to protect your payment data, in case we process these, from
unauthorised access by third parties. We use third party payment processing
services to facilitate payments through Our Services. Our third party payment
processing service provider may retain payment details after the
pre-authorisation payment has been made in order to complete the payment
process after the taxi ride has been completed.
You acknowledge that your
rights to cancel or withdraw your bookings under EU consumer law are not
applicable to passenger transport.
We do not take any
insurance to cover your use of Our Services or in connection with your taxi
ride, nor to insure other passengers, any third parties and/or any belongings.
Insurance policies of the Transportation Provider or the Drivers will be
subject to their own terms and may be subject to and described by the relevant Transportation
Eligibility to use Our
Our Services may be used
only by persons who can form legally binding agreements. You represent that you
the Transportation Provider T&C’s.
You must be eighteen (18)
years of age or older to use Our Services. Use by those that do not fit this
represent and warrant that you are a natural person and 18 years of age or
older, and that you agree to and will abide by all of the terms and conditions
You must ensure that all
the information you provide when making a booking is complete and accurate.
This includes providing your actual mobile phone number on the Devices and QR
Tools where this is mandatory in order for us to be able to send you an SMS
text message confirming your booking and with a link to our website where you
T&C’s. You shall be liable for any additional charges borne by us as a
result of incomplete or inaccurate information you have provided.
You agree that you must
use Our Services in a
read and abide by the
relevant Transportation Provider T&C’s;
not use robots, search
applications or other manual or automatic tools to extract, index, ‘data mine’
or reproduce or circumvent in any other manner the structure and presentation
of Our Services or its content;
not use Our Services in a
manner that could damage, deactivate, overload, affect, interfere with or
compromise our IT systems, the servers, security or networks connected to Our
Services, or interfere with other users’ use of Our Services;
not transmit or download
content which is defamatory, offensive, false, misleading, inaccurate or
otherwise challengeable, in relation to the use of Our Services;
not post, distribute or
reproduce in any manner whatsoever, content that is protected by copyright,
trademark rights or business secrecy; and
not ‘frame’ or create a
mirror site of Our Services, use meta-tags, code or other devices which contain
references to Our Services, with the aim of redirecting visitors to another
site for any purpose whatsoever.
You, the venue, agree
that you shall not sell, rent or otherwise provide Devices for use to third
We reserve the right to
immediately suspend your use of Our Services for any violation of the foregoing
restrictions, and to immediately terminate your use entirely for any repeated
violations or for any serious or egregious actions you take on Our Services.
Disclaimer of warranties
make no representation, warranty or guarantee as to the reliability,
timeliness, quality, suitability, availability, accuracy or completeness of Our
Services or the Transportation Provider Service. We do not represent or warrant
that (a) the use of Our Services or the Transportation Provider Service will be
secure, timely, uninterrupted or error-free or operate in combination with any
other hardware, application, system or data, (b) Our Services or the Transportation
Provider Service will meet your requirements or expectations, (c) any data will
be accurate or reliable, (d) the quality of any services purchased or obtained
by you through Our Services or the Transportation Provider Service will meet
your requirements or expectations, (e) errors or defects in Our Services or the
Transportation Provider Service will be corrected, or (f) Our Services, the Transportation
Provider Service or the server(s) that make these available are free of viruses
or other harmful components.
Services and the Transportation Provider Service are provided to you strictly
on an "as-is" and "as-available".
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
make no representation, warranty or guarantee as to the reliability, safety,
timeliness, quality, suitability or availability of any services obtained by
third parties through the use of Our Services or the Transportation Provider
acknowledge and agree that the entire risk arising out of your use of Our
Services or the Transportation Provider Service, and any third party services
or products, remains solely with you to the maximum extent permitted by
applicable law and for which you agree to hold us and our affiliates harmless.
assume total responsibility for your use of Our Services and or the Transportation
Provider Service. Your sole remedy against us for dissatisfaction with Our
Services or the Transportation Provider Service is to stop using Our Services.
This limitation of relief is a part of the bargain between the parties.
agree that, when you receive an SMS text message or phone call, you may incur a
charge from the company that provides you with telecommunications, wireless
and/or internet services, and you agree that we have no liability for such
charges or liable to you for any such calls, texts, or emails.
are responsible for all costs incurred by you with respect to using Our
Services or the Transportation Provider Service on a mobile device, including
data usage fees and other telecommunications fees.
Services and / or the Transportation Provider Service may be subject to
limitations, delays and other problems that are inherent in the use of the
internet and electronic communications. We are not responsible for any delays,
delivery failures or other damage resulting from such problems.
Limitation of liability
We are not a party to the
agreement between you and the Transportation Provider or Driver. We have no
control over whether a Driver will arrive in time or at all after you have made
a booking with a Transportation Provider through the use of Our Services. We
are also not liable for the supply of any transportation service or for any act
or omission of a Transportation Provider or a Driver. We have no control over
the way in which a Transportation Provider or Driver supplies or undertakes a
taxi ride or the level of service provided.
You accept that our
responsibility and liability is limited to our status as the operator of a
platform enabling its users to book transportation services from independent
providers of transportation services. We do not provide and we have no control
over how a transportation service is provided by any Transportation Provider or
Driver. We are not an agent for any Transportation Provider or Driver in
respect of their provision of transportation services and we do not operate as
a taxi, limousine or chauffeur company.
We cannot be held liable
if you have not complied
in the event of an
unforeseeable action or omission by a third party beyond our control that has
prevented us from performing any of our obligations; or
in the event of
circumstances outside our control.
the event that we do have any liability to you and to the extent permitted by
applicable law, you agree that:
shall not be liable for any indirect, consequential, exemplary, incidental,
special or punitive loss or damage, including, but not limited to, loss of
turnover, loss of profit, loss of data, reputational damage, interruption of
business or damage claims of third parties, among which expenses incurred in
relation to having a transit connection, even if we are aware of or have been
advised of the possibility of such loss or damage;
(fifty EUROS), with the express provision that the existence of more than one
claim will not enlarge this maximum; and
shall not be liable to you in the event of: (a) any failure of your mobile
device (including if it loses power or connectivity for any reason) or (b)
failure or disruption of telecommunications networks (such as the internet,
telecommunication services and the like).
content or other materials published on Our Services may include inaccuracies
or typographical errors.
Transportation Providers providing the Transportation Provider Service through
our Services and the Transportation Providers and Drivers providing
transportation services to you are independent third party businesses and are
not our agents. We are not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence whatsoever of any such Transportation
Providers or Drivers or for any personal injuries, death, property damage or
other damages or expenses resulting from their services to you.
From time to time, access
to Our Services or the Transportation Provider Service may be suspended without
prior notice. You agree that we have no liability and shall otherwise not be
responsible in the event of any delay, cancellation, overbooking, misquoted
rates, strike, riots, floods, acts of God, security breach, false transmissions,
pranks, hoaxes, technological failure or any other cause beyond our control,
and further that we shall not have any responsibility for any additional
expense, omissions, delays, re-routing or acts of any government or authority.
The limitations of
liability in this clause apply irrespective of the legal nature and legal basis
of the liability claim or form of the action, be it a claim for damages on the
basis of breach of agreement, a claim for damages on the basis of unlawful act
or omission, a claim on the basis of an obligation to make performances undone
after dissolution of an agreement, or otherwise.
You agree that any claim
you may have arising out of or related to Our Services or your relationship
with us must be filed within one year after the claim arose; otherwise, your
claim is permanently barred.
The limitations of
liability in this clause do not apply in the case of intent or deliberate recklessness
on our part.
Nothing in these Terms of
Use excludes any liability which may not be excluded under applicable mandatory
All right, title,
interest and/or licence
in and to all the intellectual property rights in and to Our Services are and
shall remain owned by us and/ or our licensors. These rights include the rights
relating to any databases, copyrights, patents, industrial designs as well as
trademark rights (and, in particular, the trademarks displayed on Our
You agree that Our
Services and each of its components, including all intellectual property rights
associated with it, are our exclusive property and/or that of our licensors.
Any full or partial reproduction or representation of Our Services or any of its
components, without our content or that of our licensors, is prohibited.
Except as strictly
necessary to use Our Services, other than with the prior, written approval of
us or our licensors, you shall not use, reproduce, adapt, modify, create
derivative works of, distribute, grant a licence to, sell, transfer, present
publicly, transmit, disseminate or operate in any other manner, Our Services or
any of its components.
All the other trademarks,
logos, service marks, corporate names or product names appearing on Our
Services shall remain the intellectual property of their respective owners,
such as the Transportation Providers.
You agree not to use the
technical, financial or strategic information, or other trade secrets or
confidential information about or in connection with Our Services, the Transportation
Provider Service and our activities, operations or properties (“Confidential
Information”) which we may have disclosed to you through your use of Our
Services or as part of the Transportation Provider Service.
You may not disclose our
Confidential Information to any third party and you must preserve the
confidentiality of, and avoid the disclosure or use of, Confidential
Information, including preventing any of it falling into the public domain.
Customer services –
claims or complaints
Requests for information,
clarification, complaints, lost items or payment issues (including refunds and
chargebacks) that relate to a booking can be communicated to the Transportation
Provider. We can help you contact the Transportation Provider if you send us an
email on the address below.
You may also send us any
complaints or claims with regard to Our Services. Our involvement with any
complaint, claim or request that relates to a booking does not imply that we
have any liability for it and shall not be construed as admission of liability.
We shall transfer any complaint, claim or request you make to us in relation to
a booking or the provision of a taxi ride to the relevant Transportation
We will use commercially
reasonable efforts to give you necessary information to improve your experience
using Our Services. We also welcome your feedback and comments about your use
of Our Services and the Transportation Provider Service.
Please contact us directly
via email for any customer claims, complaints, feedback or support
We may terminate these
we believe that your
actions may cause financial loss or legal liability for us or our other users;
we suspect that you have
engaged in fraudulent activity in connection with Our Services or the Transportation
We may in our sole
discretion suspend you from or prohibit your use of Our Services or the Transportation
Provider Service for any reason.
We reserve the right, but
of Our Services or the Transportation Provider Service if:
you have misused Our
Services or the Transportation Provider Service;
you have behaved in a way
which could be regarded as inappropriate;
your conduct is unlawful
or illegal; or
you have breached any
We have no obligation to
provide any compensation to you for any costs incurred for the use of Our
terminated on the basis of this clause.
We process your personal
data in compliance with applicable laws.
We process your personal
data as is necessary for the performance of Our Services to you and for
compliance with our legal obligations. We do not sell your personal data to
anyone. We do provide your personal data to the Transportation Provider you are
booking a taxi with, in order for it to perform its agreement with you to book
and provide the taxi ride. The Transportation Provider and we are each
independent controllers of the personal data that we process of you in order to
provide our independent services to you.
Please refer to our
more information (https://taxibutler.com/terms). By using Our Services, you acknowledge to have been informed of
Please also refer to the Transportation
Provider, for information on the processing of your personal data by the Transportation
Provider. To be clear, we are not liable for the processing of your personal
data by the Transportation Provider as an independent controller. By booking a
Links to other websites
Our Services may contain
hyperlinks to websites operated by third parties. We do not control such
websites and we are not responsible for their content or for any breach of
contract or any intentional or negligent action on the part of such third
parties, which results in any loss, damage, delay or injury to you. We are not
responsible for the accuracy of opinions expressed in such websites, and such
websites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked website on Our Services does not
imply or constitute approval or endorsement of the linked website by us.
If you decide to leave
Our Services to access third party websites, you do so at your own risk. All
rules, policies (including privacy policies) and operating procedures of
websites operated by third parties will apply to you while browsing on such
websites. We are not responsible for information provided by you to third
and operating procedure of such websites.
Governing law and
competent court – international
If you are a resident of
any country other than the United States of America, the legal relationship
between you and us is exclusively governed by the laws of the Netherlands,
without regard to any principles of conflict of laws that would require or permit
the application of the laws of any other jurisdiction. Any dispute between us
and you will be exclusively submitted to the competent court in Amsterdam, the
However, nothing in these
country to rely on mandatory provisions of local law.
If you are a consumer
resident in the European Union and wish to have more information on online
dispute resolution, you should follow this link to the website of the European
Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required
by Regulation (EU) No 524/2013 of the European Parliament and of the Council,
for information purposes only. We are not obliged to participate in online
Governing law and
competent court – United States of America
If you are a resident of
the United States of America, the following applies:
The legal relationship
between you and us is exclusively governed by the laws of the State of New
York, without regard to any principles of conflict of laws that would require
or permit the application of the laws of any other jurisdiction.
arbitrate and class action waiver
Except for disputes
brought in small claims court, any dispute arising out of or relating to these
their parents, subsidiaries, affiliates, successors, officers, directors, or
employees, heirs and permissible assigns, without limitation, no matter how
described, pleaded or styled, will be resolved through final, binding
arbitration under the substantive and procedural requirements of the Federal
The arbitration will be
conducted by a single, neutral arbitrator chosen by the parties, who shall be a
retired judge or a lawyer with at least ten years of active practice in
technology law. The arbitration shall be conducted under the Consumer-Related
Disputes Supplementary Procedures and expedited procedures of the American
Arbitration Association (“AAA”). You understand the information about the
AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. The arbitration will be conducted by telephone, online
and/or be solely based on written submissions, the specific manner to be chosen
by the party initiating the arbitration. The arbitration will not require any
personal appearance by the parties or witnesses unless otherwise mutually
agreed in writing by the parties. The parties agree that the arbitrator,
and not a court, will have exclusive jurisdiction over the interpretation,
validity, and scope of this arbitration agreement. The costs of the
arbitration filing fee, arbitrator’s compensation, and facilities fees will be
paid by us. Each party will pay for its own attorneys’ fees and costs. Any
dispute or claim will be brought solely in that party’s individual capacity,
and not as a plaintiff or class member in any purported class action,
representative proceeding, mass action or consolidated action. The fact of and
all aspects of this arbitration and the underlying dispute will remain strictly
confidential by the parties, their representatives, and the AAA. The
parties agree that any actual or threatened violation of this provision would
result in irreparable harm and will be subject to being immediately
enjoined. If this arbitration agreement is declared unenforceable and
cannot be administered, interpreted, or modified to be enforceable, the parties
agree to waive any right to a jury trial for any dispute to which this
agreement applies and any dispute will be commenced and maintained exclusively
in the state or federal courts in New York and the parties each consent to the
personal jurisdiction of the courts. This provision survives the termination of
the right to pursue any claim in a small claims court and proceed on an
individual basis for any such claim that is within the court’s jurisdiction.
BY ACCEPTING THESE TERMS
OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY
RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE,
CONSOLIDATED OR MASS ACTION BASIS.
any other terms and conditions referenced herein) constitutes the entire and
only agreement between you and us, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to Our
Services, the Transportation Provider Service or any products or services
provided by or through Our Services, and the subject matter of these Terms of
Our performance of these
law enforcement requests or requirements relating to your use of Our Services
or information provided to or gathered by us with respect to such use.
The clauses of these
govern the legal relationship between you and us in relation to your use of Our
Services at any time.
Should a provision of
shall remain unaffected. The ineffective provision is, in such a case,
considered to be replaced by a provision that is effective and differs as
little as possible from the content and scope of the original provision.
Failure on our part to
insist on performance of your obligations or to exercise any rights does not
constitute a waiver of our rights.
Each of the clauses of
agents, contractors, successors and assigns, as well as our subsidiaries,
parent and sister companies and other companies that are part of our group, as
well as the (legal) persons or entities, auxiliary persons, and subordinates
that we engage in performing Our Services.
The legal relationship
cannot be transferred without our prior written consent. This provision has
effect under property law. We may, however, assign the legal relationship between
you and us in connection with a merger, reorganization, acquisition or other
transfer of all or substantially all of our assets or voting securities, and we