TERMS OF SERVICE END USER LICENSE AGREEMENT
Last updated on October 23, 2015.
Please read these Terms Of Service (the “Terms”) carefully before installing or using any one or combination of the ZabCab, ZabCab Driver, or ZabCab Front Desk mobile applications (the “Service”) offered by Flatiron Iron Apps, LLC, a New York limited liability company d/b/a ZabCab (“ZabCab”).
Your use of the Service, as either a Driver (defined below) or a Passenger (defined below), (referred to as the “user” or “you”) is governed by and subject to these Terms. If you are not willing to be bound by these Terms, you may not install or use the Service and must delete any ZabCab application from your mobile device.
ZabCab reserve the right to modify the Service and/or these Terms at any time, which will be effective on a prospective basis for any subsequent use of the Service by you. ZabCab will make efforts to email you notice of material changes to these Terms with a link to the new Terms, however, you are responsible for regularly reviewing these Terms prior to use of the Service. By using the Service, you agree that the posting of new or revised versions of these Terms will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the Terms upon accessing the Service will constitute your consent to such changes, and you agree to be bound by them as of the date of the modification.
1. Nature of Service
1.1 Connecting Passengers and Drivers:
The Service is a neutral platform designed to allow independently licensed taxicab drivers (“Driver(s)”) to find people seeking taxicab services, including businesses assisting their customer or clients find taxis (“Passenger(s)”). ZabCab’s role is exclusively to facilitate a Driver’s ability to locate and book Passengers, for which Driver’s pay a fee to ZabCab for the Service (as described in Section 4 below). You, as a Passenger, understand and agree that every time you use the Service, your location and first name is being transmitted to ZabCab and shared with certain Drivers that are using the Service. You, as a Passenger, agree that ZabCab has no responsibility or liability related to your use of taxicab or transportation services provided to you by Drivers or other users through the use of the Service.
1.2 Not a Taxi Company:
ZabCab is not a taxi or transportation network company. ZabCab does not employ or contract Drivers. All Driver operate under their own license or for another taxi or transportation company. Drivers and Passengers are responsible in all respects for the transaction between Drivers and Passengers. ZabCab is not involved in the actual face-to-face contact between Passengers, Drivers, or other users of the Service. ZabCab has no authority to control the conduct of Drivers or Passengers, taxi rates, or other aspects of the taxi experience.
All users must sign-up to use the Service and provide the information requested by the Service, including for Drivers, their first and last name, phone number, and valid taxi license number (the “User Information”).
1.4 Identity and Background Verification:
While ZabCab checks Driver’s taxi license records to ensure the license is current, ZabCab does not confirm the accuracy of any other User Information and is not liable for any inaccurate information provided by other users. You are responsible for (a) providing true, accurate, current and complete information about yourself as prompted by the Service’s account registration and/or sign-up form and (b) maintaining and promptly updating any and all such information so it remains true, accurate, and complete at all times. It is your sole responsibility to determine the identity and suitability of either getting in a taxi with a Driver or picking up a Passenger using the Service.
1.5 No Endorsement/Affiliation:
ZabCab does not endorse, sponsor, or affiliate with any Drivers who use the Service. Any advertising or information regarding the Service located in or on a particular taxi is not an endorsement, sponsorship, or affiliation with that Driver.
2. License to Use the Service
ZabCab grants you a limited, revocable, non-transferable license to use the Service on any mobile device that you own or control, subject to all other provisions of these Terms and any applicable laws and regulations. This limited license does not allow you to use the Service on any mobile device that you do not own or control, and you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof. Any attempt to do so is a violation of the rights of ZabCab and its licensors. The Service is licensed, not sold, to you for use only under these Terms. ZabCab reserves all rights not expressly granted to you.
3. Consent to Use of User Information and Data
3.1 Granting of License:
3.2 Use of Data:
You agree that ZabCab may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, peripherals, and geographic location, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service.
3.3 Sharing User Information:
4. Drivers (The following rules and restrictions apply only to Drivers)
4.1 Licensed Drivers:
You can only use the Service (i.e. ZabCab Driver) if you are a licensed taxicab driver in the jurisdiction that you operate your taxi. You represent to ZabCab that (i) you have all the appropriate licenses, approvals, and authority to legally provide taxi services to Passengers; (ii) you own or have the legal right to operate the vehicle you use when using the Service and that such vehicle meets all relevant safety standards; and (iii) you have valid insurance coverage for your vehicle and services, and abide by all local taxi regulations.
4.2 Prohibited Uses:
You are prohibited from using the Service, as a Driver, (i) if you are not a licensed taxi driver; (ii) you do not provide the required information for registration with ZabCab Driver mobile application; (iii) for any unlawful purpose, or in any way that interrupts, damages, impairs, or renders the Service inefficient; or (iv) in any manner that creates a danger to Passengers or other third parties (such as other drivers, cyclists, or pedestrians).
4.3 Book Passengers at your Risk:
The Service allows you to locate Passengers. ZabCab is not responsible for the behavior, health, actions, or inactions of Passengers whether or not you located or booked the Passenger using the Service.
4.4 Separate Contracts:
Any contract for the provision of taxi services is solely between you and a Passenger and not ZabCab. ZabCab is not responsible for any non-payment of fares by Passengers.
4.5 Prohibition of Use While Driving:
You are forbidden to use the Service while driving. You have the full and sole responsibility to drive safely and carefully. ZabCab is not liable in any respects for any accidents arising from your use of the Service in manner prohibited by applicable law, regulations or these Terms. Drivers should always give priority to the traffic rules, traffic signs, traffic conditions and road conditions that apply in the specific area you are driving in. The laws concerning the use of a mobile device in a taxi vary from one city or country to another, and may also change. You are entirely responsible to check the relevant laws about using a mobile device in a vehicle in the location where you use the Service.
4.6 Payment Terms:
Subscription fees for the Service to be paid by each Driver are posted on www.zabcab.com. ZabCab, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. ZabCab may change the fees for the Service on thirty (30) days’ notice. If offered by ZabCab, you may choose to make payments on a monthly, quarterly, semi-annual, or annual basis. Once a subscription payment has been made, you will not be entitled to a refund, in whole or in part, for canceling your subscription early (except as provided in Section 4.7 below). You may cancel your subscription at any time through your account with ZabCab. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate Your usage, disruption of Service either planned, accidental or intentional, or for any reason whatsoever.
4.7 Suspension and Termination:
ZabCab may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) suspend or terminate your access to the Service, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Service. Upon termination or suspension of your account, you will remain liable to ZabCab for all amounts owed. If ZabCab terminates your use of the Service, other than for your breach of these Terms, ZabCab will refund any prepaid subscription amount less amounts owed ZabCab.
5. Passengers (The following rules and restrictions apply only to Passengers)
5.1 Prohibited Uses:
You are prohibited from using the Service, as a Passenger, (i) for any purpose other than to obtain rides with licensed taxicab drivers, (ii) for any unlawful purpose, or in any way that interrupts, damages, impairs, or renders the Service inefficient; or (iii) in any manner that creates a danger to Drivers or other third parties.
5.2 Responsibilities of Passengers:
As a Passenger, you are responsible (i) to pay any Drivers introduced to you through the Service in full for any services provided by such Drivers to you and (ii) to follow all other applicable laws. While ZabCab is not responsible or able to control your conduct, ZabCab asks that you treat all Drivers with respect, not cause any damage to their vehicle, and not to engage in any other form of harassment or threatening, harassing, abusive behavior, or activity while using the Service.
5.2 Ride in Taxi at your Own Risk:
The Service introduces Drivers and Passengers. ZabCab is not responsible for the behavior, health, actions, or inactions of Drivers whether or not you booked the Driver using the Service.
5.3 Separate Contracts:
Any contract for the provision of taxi services is solely between you and the Driver and not ZabCab.
6. General Terms Regarding the Service
6.1 Ownership of Intellectual Property:
ZabCab owns (or licenses from certain third parties) all right, title, and interest, including all intellectual property rights, in and to the Service and all content made available through the Service. No portion of the Service may be reproduced by you in any form or by any means. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you, and you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works based on the Service or any material made available to you through the Service. You may not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. “ZabCab” is a trademark of ZabCab and you agree not to use such trademark for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise, except for promotional materials that ZabCab may provide you for further distribution (e.g. informational cards or flyers provided to Drivers that they may give potential passengers).
6.2 Use of the Service:
Use of the Service requires access to the internet and/or a mobile device. You understand that by using any of the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. ZabCab will not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
6.3 Mobile Data/Network Charges:
Depending on your specific data plan and your mobile operator or provider, you may be charged for the amount of data, SMS, MMS, or air time you use when downloading the App or using the Service. ZabCab is not responsible for any such data or network charges that you may incur.
6.4 Location Data:
ZabCab accesses and uses location data supplied by your mobile device in order to enable the Service to work. Location data provided by the Service is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where accurate location data is crucial and any erroneous, inaccurate, or incomplete location data may lead to personal harm or damages. Neither ZabCab nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or location data displayed by the Service.
ZabCab may at any time introduce sponsored ads into the App and Service and reserves the right to display ads and sponsorship messages to you while you are using the Service. ZabCab will attempt to display ads in a manner that does not degrade the user experience.
ZabCab appreciates your feedback and will use any ideas, thoughts, criticisms, suggested improvements related to the Service (collectively “Feedback”) to help improve the Service. You agree ZabCab may use any Feedback to modify the Service and that you will not be due any compensation. By providing Feedback to ZabCab by any medium you grant ZabCab a perpetual, irrevocable, royalty-free license to use, copy, publish, modify, or exploit that Feedback (including but not limited to displaying, distributing, or selling it) in any medium now or at any time in the future (in any form, media, or technology) and to allow others to do the same.
6.7 No Harassing Use:
You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ZabCab is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
6.8 Reservation of Rights:
ZabCab reserves the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will ZabCab be liable for the removal of or disabling of access to the Service. ZabCab may also impose limits on the use of or access to certain portion of the Service, in any case and without notice or liability.
6.9 Conflict With Third-Party Terms:
Your installation and use of the Service through a third-party distributor, such as the App Store or Google Play, is also governed by the applicable current agreement with that party, including any privacy policies. You are encouraged to review the terms of any agreement with mobile application distributors and their privacy policies.
7. Assumption of Risk
You expressly acknowledge and agree that use of the Service is at your sole risk. You understand that there is an inherent risk and danger in accepting a taxi ride from any person, whether or not licensed, or accepting any passenger in your taxi, regardless of the manner in which that taxi or passenger is obtained. You acknowledge this risk and danger and are willfully and freely engaging in such conduct.
8. NO WARRANTIES
THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZABCAB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANT AVAILABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ZABCAB MAKES NO WARRANTY REGARDING THE SUITABILITY, LEGALITY, REGULATORY COMPLIANCE, QUALITY OR ABILITY OF ANY DRIVER.
ZABCAB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
SHOULD THE SERVICE PROVE DEFECTIVE OR NOT SUITABLE FOR YOUR NEEDS, YOU MAY SIMPLY CEASE USING THE SERVICE.
NO PARTY IS AUTHORIZED TO MAKE ANY WARRANTIES ON BEAHLF OF ZABCAB AND NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZABCAB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
9. LIMITATION OF LIABILITY
BY USING THE SERVICE, YOU MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES ARE SOLELY BETWEEN YOU AND SUCH USERS OR THIRD PARTIES. YOU AGREE THAT ZABCAB WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER OR THIRD PARTY, ZABCAB IS UNDER NO OBLIGATION TO BECOME INVOLVED.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ZABCAB BE LIABLE FOR PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ZABCAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO DAMAGES RELATED TO (A) THE USE OR INABILITY TO USE THE SERVICE; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICE; (C) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICE; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY PASSENGER, DRIVER, USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER THIRD PARTIES ON THE SERVICE; OR (E) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SERVICE OR PERSONS INTRODUCED TO YOU BY THE SERVICE, WHETHER ON-LINE OR OFF-LINE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless ZabCab (and its directors, officers, shareholders, licensors, employees, agents, representatives, and affiliates) from and against any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to: (i) your use of our Service or inaction with any other user of the Service; (ii) any User Information or data you submit to us; or (iii) facts or circumstances that, if true, could constitute your breach of any of these Terms and/or any applicable laws or regulations.
11. Legal Dispute Resolution
11.1 Governing Law:
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service, as between you and ZabCab. Your use of the Service, in particular that of Drivers subject to taxi regulations, may also be subject to other local, state, national, or international laws.
11.2 Agreement to Arbitrate:
You agree that any and all disputes or claims that arise between you and ZabCab relating in any way to or arising out of these Terms, your use of or access to the Service, or inaction with any other user of the Service, including both any contract or tort claims or any claim that all or any part of these Terms or agreement to arbitrate is void or voidable, will be resolved exclusively through final and binding arbitration, rather than in federal or state courts. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
EACH PARTY AGREES THAT THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
11.3 Arbitration Procedures and Rules:
Arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. The arbitration shall be held in New York City, New York or at another mutually-agreed location. If the value of the relief sought is $10,000 or less, you or ZabCab may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on both parties, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or ZabCab, unless the arbitrator requires otherwise.
You and ZabCab must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR ZABCAB MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ZabCab will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) ZabCab also reserves the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each party pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website.
Notwithstanding the foregoing, any party may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York County, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to exclusive personal jurisdiction of the courts located within New York County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
If an arbitrator or court decides that any part of this Section 11 is invalid or unenforceable, the other parts of this Section11 shall still apply. If an arbitrator or court decides that any of the provisions in Section 11 of these Terms regarding the prohibition on class or representative actions is invalid or unenforceable, then then the entirety of the arbitration provisions (Section 11.2—11.4) shall be null and void, and neither you nor ZabCab shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a state or federal court in New York County, New York.
12. Consent to Electronic Communications
12.1 Consent to Electronic Communications:
You consent to receive emails and communications from ZabCab at the email provided upon registration to use the Service and agree that all notices, documents, disclosures, and other communications provided to you electronically satisfy any legal requirement regarding notice in writing. Your consent to receive email communications and do business electronically applies to all of your interactions and transactions with ZabCab. You agree that ZabCab may send promotional material or other content to your email address.
12.2 Withdrawal of Consent:
You may withdraw your consent to receive communications by email by contacting the ZabCab at firstname.lastname@example.org or following an appropriate link provided in an email communication, provided that your use of the Service may be conditioned on consent to receive email communication and ZabCab may terminate your use of the Service in its discretion. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between you and ZabCab prior to the time you withdrew your consent.
12.3 Change of Email or Mailing Address:
You are responsible to keep ZabCab informed of any changes in your email so that you continue to receive all communications without interruption.
13. Entire Agreement
These Terms, including all policies and notices, constitute the entire agreement between you and ZabCab concerning the Service. These Terms supersede all prior agreements or communications between you and ZabCab regarding the subject matter of these Terms to the extent the prior agreements or communications conflict.
14. No Agency
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
15. ZabCab Contact Information
User questions or concerns regarding the Service should be directed to email@example.com or Flatiron Apps LLC, 401 Park Avenue South, 10th Floor, New York, NY 10016.