My Limo Ride TERMS AND CONDITIONS

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TERMS AND CONDITIONS OF USE "Terms of Use"

These Terms of Use apply to and govern the use of the My Limousine Ride Services Ltd (“MLRS”) mobile application (the “App”). By downloading, installing, accessing and using the App, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not download, install, access or use the App.

MLRS reserves the right to modify these Terms of Use without notice. You should regularly check the date at the bottom of these Terms of Use to see when they were last updated. By continuing to access and use the App after this date, you signify your consent to the revised Terms of Use.

Scope

MLRS provides a mobile application which may be used to book limousine trips from third-party providers of limousine passenger services (“Limousine Providers”). The App is owned and operated by MLRS.

MLRS does not provide, operate, or manage any limousine passenger services. You purchase limousine trips from the Limousine Providers, not from MLRS. The provision of limousine transportation services is subject to the agreement entered into between you and the Limousine Provider and MLRS is not a party to this agreement.

Booking Limousine Trips

You may use the App to book a limousine trip. All limousine trips are provided by Limousine Providers.

To book a limousine trip via the App, you must submit a booking request with all of the required information. This information may include your full name, valid credit card account information, mobile number, email address, pick-up date, time and location, and type of service required.

Your limousine trip is not considered booked until confirmed via the App. MLRS does not guarantee a Limousine Provider will be available.

You must be 19 or older to use the App.

Payment

The rates that apply for limousine trips are determined by the Limousine Providers. MLRS does not determine the cost of limousine trips. MLRS provides information regarding rates based on the information provided by the Limousine Providers. MLRS will seek to verify such information, but all rates are estimates only and MLRS makes no guarantee of the accuracy, completeness, currency or correctness of such information. You are required to pay taxes and may be required to pay additional fees such as tolls, parking and waiting time costs.

You must provide your credit card account information at the time of submitting a booking request. You agree that MLRS shall charge you for all limousine trips provided to you by the Limousine Providers on behalf of the Limousine Providers. MLRS shall charge your credit card account upon completion of a limousine trip. You agree that you will pay for all costs associated with the limousine trips you purchase from the Limousine Provider. You further agree that MLRS may charge the credit card account you provided at the time of submitting your booking request (including any taxes, tolls, parking and waiting time costs) that may be accrued by or in connection with a limousine trip. MLRS provides a receipt by email. You are responsible for providing MLRS with a valid credit card account for the payment of all fees at all times. All payments are non-refundable.

MLRS may use a third-party payment processor to process payments. The processing of payments or credits, as applicable, will be subject to the terms, conditions and privacy policies of the third-party payment processor and your credit card issuer in addition to these Terms of Use. MLRS is not responsible for any errors by any third-party payment processor.

General Terms

For greater certainty, “you” includes all Limousine Providers, as well as any other person or legal entity that downloads, installs, accesses or uses the App.

Use of the App

You must comply with these Terms of Use at all times when you download, install, access and/or use the App.

In using the App, you must not:

1. use the App to distribute software viruses or any other programs designed to interfere with the proper function of the App or any software, hardware or equipment of MLRS or any third party;
2. access, tamper with or use non-public areas of the App;
3. access or search the App, including any User Content, by any means other than the ones made available by MLRS;
4. use the App to send altered, deceptive or false source-identifying information;
5. interfere with or disrupt the access of any user, host or network in any manner so as to interfere with or create an undue burden on the App;
6. change, modify, adapt or alter the App;
7. change, modify, adapt or alter any third party website so as to falsely imply that it is associated with MLRS or the App; or
8. use the App for any illegal or unauthorized purpose.

Disclaimer

MLRS provides the App on an “as is” and “as available” basis. MLRS makes no representations or warranties of any kind, express or implied, as to the to (i) the content or specific functions of the App, (ii) the reliability, availability or ability of the App to meet your needs, or (iii) the merchantability or fitness of the App for any particular purpose. MLRS makes no representations or warranties that any content or information on the App is accurate, complete or useful. You agree that your use of the App is at your sole risk. MLRS will not be liable for any loss or damages of any kind (including, without limiting, lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary or punitive damages, or any financial or personal injuries) arising from the use of or access to, or inability to use or access, the App.

The App enables you to book limousine trips. MLRS does not provide any limousine passenger services. MLRS makes no representations or warranties of any kind, express or implied, as to the Limousine Providers or any services provided by the Limousine Providers. MLRS will not be liable for any loss or damages of any kind (including, without limiting, lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary or punitive damages, or any financial or personal injuries) arising from any services provided by the Limousine Providers.

Limitation of Liability

In no circumstances will MLRS, its directors, officers, employees or agents be responsible or liable for any direct, special, indirect or consequential losses or any loss or damage of any other kind, including, without limiting, lost profits, lost revenues, lost data, loss of goodwill or financial losses, whether in an action in contract, tort or otherwise, arising out of or in any way connected with use of the App, including without limitation, any damages caused by or resulting from reliance on the App or any content or information obtained on or through the App or resulting from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the App. In no circumstances will the liability of MLRS exceed the value of the fees, if any, paid to access or use the App.

In no circumstances will MLRS, its directors, officers, employees or agents be responsible or liable for any direct, special, indirect or consequential losses or any loss or damage of any other kind, including, without limiting, lost profits, lost revenues, lost data, loss of goodwill or financial losses, whether in an action in contract, tort or otherwise, arising out of or in any way connected with any limousine trips booked via the App or any services provided by the Limousine Providers. MLRS under no circumstances accepts any responsibility or liability in connection with and/or arising from the services provided by the Limousine Providers or any acts, actions, behaviour, conduct, and/or negligence on the part of the Limousine Providers.

Some jurisdiction does not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Nothing in these Terms of Use waives rights or responsibilities that cannot be waived.

Indemnification

You hereby agree to indemnify, defend and hold harmless MLRS, its successors, assigns, affiliates, shareholders, directors, officers, employees, or agents from and against any and all claims, obligations, damages, losses, expenses and costs, including reasonable lawyers’ fees, resulting or arising from (i) your use of and access to the App; (ii) any violation by you of these Terms of use; or (iii) any activity related to your account, whether it be by you or any other person accessing your account with or without your consent unless such activity was caused by the act or default of MLRS.

If you are a Limousine Provider, you further agree to indemnify, defend and hold harmless MLRS, its successors, assigns, affiliates, shareholders, directors, officers, employees, or agents from and against any and all claims, obligations, damages, losses, expenses and costs, including reasonable lawyers’ fees, resulting or arising from (i) any claim that limousine trip provided by you and booked via the App caused damage or loss to a third party, or (ii) any claim that any limousine trip provided by you and booked via the App breached any legislation, statutes, codes, laws, rules, and regulations, including all regulatory, administrative or legislative authorities.

Alcohol Consumption and/or Drug Use

Alcohol consumption and/or drug use is strictly prohibited on all limousine trips booked via the App. Such alcohol consumption and/or drug use may violate provincial or federal laws, including the Liquor Control and Licensing Act (BC) and the Criminal Code. Limousine Providers are solely responsible to retain care and control over every limousine that provides limousine trips booked via the App. MLRS under no circumstances accepts any responsibility or liability in connection with and/or arising from alcohol consumption and/or drug use in connection with and/or arising from any limousine trips booked via the App.

Intellectual Property

The App is owed by MLRS, its suppliers or providers. The App may contain content or information owed or licensed by MLRS. Such content and information is owed by MLRS and MLRS retains all rights to such content or information. You may not reproduce, duplicate, copy or resell the App or any part of the App, including any content or information contained in the App. You may not remove, alter or conceal any copyright, trademarks, service marks or other proprietary notices contained in the App or in any content or information on the App.

MLRS grants you a limited, non-transferable license to use the App on a computer or mobile device that you own or control.

Third Party Links

The App may contain links to third party websites. The inclusion of any link or advertisement does not imply any endorsement by MLRS of such third parties. You are solely responsible for and assume all risk arising from your use of such links to third party websites.

Termination

MLRS reserves the right to terminate your right to use the App and/or to block your use of the App in the event you breach these Terms of Use.

No Assignment

These Terms of Use, and any rights or licenses granted, may not be transferred or assigned by you without the prior written consent of MLRS.

Entire Agreement

These Terms of Use constitute the entire agreement between you and MLRS and supersede all prior understandings. These Terms of Use do not create or confer any third party rights.

Waiver

Any waiver of any provision of these Terms of Use is effective only if in writing and signed by MLRS.

Severability

If any clause in these Terms of Use is found to be unenforceable by a court of competent jurisdiction, then the clause will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts located in the Province of British Columbia for the purpose of litigating all disputes.

Privacy Policy

MLRS collects uses and discloses personal information in accordance with MLRS’s privacy policies.




Last updated : March 11, 2015
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