Terms & Conditions

The present document, referred to as the "Terms of Service," establishes a legally enforceable contract between the user and Our Taxi Corp, and its associated companies, representatives, affiliates, officials, and board members (collectively known as "Our Taxi "). These terms govern the utilization of Our Taxi's personalized, versatile, digital marketplace platform, termed as the "Our Taxi Marketplace Platform," along with any associated content or services, encompassing mobile and/or web-based applications (referred to as "Applications" or the "Our Taxi App"), collectively referred to as the "Services."

NOTICE: THESE TERMS OF SERVICE ENCOMPASS CLAUSES THAT GOVERN THE RECOURSE AVAILABLE IN DISPUTES BETWEEN YOU AND OUR TAXI, INCLUDING THE ARBITRATION PROVISION STIPULATED IN SECTION 2 BELOW. THESE TERMS OF SERVICE ARTICULATE THE PROCESS OF RESOLVING SUCH DISPUTES, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE THOROUGHLY REVIEW THE ARBITRATION AGREEMENT IN SECTION 2, AS IT MANDATES THE RESOLUTION OF ALL DISAGREEMENTS WITH OUR TAXI ON AN INDIVIDUAL BASIS AND, WITH SPECIFIC EXCEPTIONS, THROUGH A CONCLUSIVE AND BINDING ARBITRATION PROCESS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPLICITLY CONFIRM THAT YOU HAVE REVIEWED AND UNDERSTOOD ALL CLAUSES WITHIN THESE TERMS OF SERVICE AND HAVE DELIBERATED THE RAMIFICATIONS OF THIS SIGNIFICANT DECISION.

Despite the aforementioned, in the event that you opt, either presently or in the future, to offer transportation services (such as ride-hailing), logistical support (like freight), delivery services (including food, packages, and other items), and similar services (collectively referred to as "Third-Party Services"), these Terms of Service do not nullify or otherwise impact the enforceability of any agreements you might have with Our Taxi or its subsidiaries concerning such Third-Party Services (such as the Platform Access Agreement, the Technology Services Agreement, or any analogous agreements). Should any agreement you maintain with Our Taxi concerning Third-Party Services contradict these Terms of Service, the terms of those agreements (and not these Terms of Service) shall take precedence in resolving disputes arising from your provision of Third-Party Services. Otherwise, relevant clauses in these Terms of Service remain applicable.

1. Contractual Relationship; Termination; and Modification

Apart from these Terms of Service, your utilization and access to the Services are additionally regulated by the pertinent terms available on our website. These encompass, but are not confined to, the privacy notice elucidating the methodology of collecting, utilizing, and disclosing your personal information; the Generated Content Terms; Community Guidelines; Referral Policies; Our Taxi's pertinent standards and policies (inclusive of safety standards, accessibility policies, and the U.S. Service Animal Policy); along with the ADT Mobile Security Monitoring Terms. Collectively, these are referred to as the "Supplemental Terms."

Together, we denote these Terms of Service and the Supplemental Terms as the "Terms." These Terms regulate your accessibility or utilization, within the United States and its territories and possessions, of the Services provided within the United States and its territories and possessions (referred to as the "Territory"). Should you engage with the Services in another country, you consent to abide by Our Taxi's terms of service applicable to that specific country. PLEASE EXAMINE THESE TERMS THOROUGHLY, AS THEY REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND OUR TAXI. In these Terms, the terms "including" and "include" signify "including, but not limited to."

Upon accessing or utilizing the Services, you affirm your consent to be legally bound by these Terms. Should you disagree with these Terms, refrain from accessing or using the Services. These Terms explicitly dictate the usage of the Services within the designated Territory.

1. Termination.

 

Our Taxi reserves the right, at its sole discretion, to promptly terminate these Terms or any Services concerning you, or universally discontinue offering or restrict access to the Services or any part thereof, at any given time and for any reason

 

1. Modification.

 

Our Taxi retains the authority to amend these Terms or its policies linked to the Services at any point, becoming effective upon the publication of an updated version of these Terms via the Services or Our Taxi's website. It's advisable to routinely review these Terms, as your ongoing use of the Services subsequent to any alterations signifies your acceptance of those changes.

 

1. Arbitration Agreement

By accepting these Terms, you acknowledge the obligation to resolve any claim against Our Taxi individually through arbitration as outlined in this Arbitration Agreement. This specifically excludes participation in any class, collective, coordinated, consolidated, mass, or representative action. Both you and Our Taxi are waiving the right to a trial by jury. This Agreement prevents you from initiating any class, collective, coordinated, consolidated, mass, or representative action against Our Taxi and restricts participation in or receiving relief from any ongoing or future class, collective, coordinated, consolidated, mass, or representative action brought against Our Taxi by any other party—unless specified otherwise in Section 2(a)(3)(c) below. Therefore, the agreement ensures that the Arbitrator will not conduct any form of class, collective, coordinated, consolidated, mass, or representative arbitration, nor combine, coordinate, or consolidate claims from multiple individuals against Our Taxi in a single proceeding—except as provided in Section 2(a)(3)(c) below. To clarify, except as specified in Section 2(a)(3)(c) below, this Arbitration Agreement restricts you from initiating or participating in any form of class, collective, coordinated, consolidated, mass, or representative action against Our Taxi, except for participation in a class-wide, collective, coordinated, consolidated, mass, or representative settlement of claims.

1. Agreement to Binding Arbitration Between You and Our Taxi.

 

1.  Covered Disputes: Unless explicitly outlined otherwise in Section 2(b), both you and Our Taxi concur that any disagreement, claim, or contention arising directly or indirectly from: (i) these Terms or any previous iterations thereof, encompassing their existence, breach, termination, enforcement, interpretation, scope, waiver, or validity; (ii) your utilization or access of the Services at any given time; (iii) incidents or occurrences leading to personal injury to you or any other individual that you assert transpired in connection with your use of the Services (inclusive of, yet not confined to, your use of the Our Taxi Marketplace Platform or the driver version of the Our Taxi App), regardless of whether the disagreement, claim, or controversy emerged or accrued before or after your agreement to these Terms, and regardless of whether you claim that the personal injury affected you or any other party; and (iv) your association with Our Taxi, shall be resolved through binding individual arbitration between you and Our Taxi, rather than in a court of law. This Arbitration Agreement remains effective after the conclusion of your association with Our Taxi.

 

1. Class Action Waiver: Class Action Waiver: All disputes, claims, or controversies between the involved parties will exclusively be resolved through individual arbitration. Both parties explicitly renounce the right to pursue any dispute, claim, or controversy through a class, collective, coordinated, consolidated, or representative action. An arbitrator or arbitration provider lacks the authority to address, arbitrate, or manage any class, collective, coordinated, consolidated, or representative action, or grant relief to anyone other than the individual involved in arbitration. The parties also expressly waive the pursuit, retrieval, or attainment of any relief beyond the individual level. Despite any other stipulation in this agreement, this Class Action Waiver doesn't obstruct participation in a class-wide, collective, or representative settlement of claims by either you or Our Taxi.

 The parties additionally agree that if, for any cause, a claim doesn't proceed through arbitration, this Class Action Waiver shall persist, and a court cannot preside over a proceeding combining, coordinating, or consolidating claims from multiple individuals against Our Taxi in a unified action, except if this waiver doesn't prohibit you or Our Taxi from partaking in a class-wide, collective, or representative settlement of claims. In the event of a final judicial ruling deeming any part of this Class Action Waiver unenforceable or unlawful for any reason, the waiver shall persist in full force and effect.

 

If there's a final judicial ruling deeming any part of this Class Action Waiver unenforceable or unlawful:

 

1. Any class, collective, coordinated, consolidated, and/or representative claims affected by the unenforceable or unlawful section(s) will proceed in a court of competent jurisdiction.
2. The enforceable portion of the Class Action Waiver will remain in force during arbitration.
3. The unenforceable or unlawful section(s) will be separated from this Arbitration Agreement The removal of the unenforceable or unlawful section(s) won't impact the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims brought forth by either you or Our Taxi.

 

1. Mass Actions: 

1. Mass Action Waiver: Mass Action Waiver: All disputes, claims, or controversies between the involved parties shall exclusively undergo individual arbitration. Both parties explicitly waive any right to initiate, attend, oversee, resolve, or arbitrate any mass action, and neither an arbitrator nor an arbitration provider holds any authority to preside over, arbitrate, or manage any mass action, nor grant relief to anyone other than the individual involved in arbitration—unless specified in Section 2(a)(3)(c) below. The parties also expressly renounce the pursuit, recovery, or acquisition of any relief beyond the individual level. The parties agree that the definition of a "Mass Action" encompasses, among other instances, scenarios where either you or Our Taxi are represented by a law firm or a collection of law firms that has initiated 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on behalf of you or Our Taxi. Additionally, the law firm or collection of law firms seeks to collectively administer and/or arbitrate all the arbitration demands in aggregate. Despite any other provision in this agreement, this Mass Action Waiver doesn't impede your or Our Taxi's participation in a mass settlement of claims.

 

1. Dispute Procedure: Regardless of any conflicting provision in the rules of the arbitration provider, the arbitrator shall have the authority to decide whether the party bringing a claim has initiated a Mass Action in contravention of the Mass Action Waiver. Either party must bring forth such a dispute to the arbitrator or arbitration provider within 15 days of its occurrence. Should this dispute arise before an arbitrator is appointed, the parties consent to the following: (i) the appointment of a panel of three arbitrators exclusively to resolve disputes concerning whether the party initiating a claim has violated the Mass Action Waiver. Each party will select one arbitrator from the arbitration provider’s list to serve as a neutral arbitrator, and these arbitrators will jointly appoint a third neutral arbitrator. If the parties’ arbitrators fail to agree on a third arbitrator, the arbitration provider will designate the third arbitrator; (ii) Our Taxi will cover administrative fees or costs associated with appointing arbitrators under this provision, as well as any expenses not typically incurred in a court proceeding, such as arbitrators' fees and room rental; (iii) the arbitrators will issue a written decision containing factual findings and legal conclusions; and (iv) any further arbitration proceedings or assessment of arbitration-related fees will be put on hold pending the resolution of the parties' dispute by the arbitrators. If the arbitrator or panel of arbitrators determines that you have breached the Mass Action Waiver, the parties will have 30 days from the arbitrator's or panel of arbitrators' decision to opt out of arbitration. You can opt out by sending written notice of your intent to opt out to the arbitration provider and Our Taxi Corp. Attn: Legal Department, 250 Park Ave, 7th floor New York, NY 10177 via USPS Priority Mail or hand delivery. This notice must be personally signed by you, not by any attorney, agent, or representative. Our Taxi can opt out by sending written notice of its intent to opt out to the arbitration provider and to you or your attorney, agent, or representative if you have representation. To clarify, the ability to opt out of arbitration as described in this Section 2(a)(3)(b) is applicable only if the arbitrator or panel of arbitrators determines that you have breached the Mass Action Waiver. Should the parties proceed with arbitration, they agree that arbitrations will be batched according to the terms provided in Section 2(a)(3)(c) below.

 

1. Batching:

 

To expedite the resolution process in the event of a Mass Action without either party opting out of arbitration as detailed in Section 2(a)(3)(b) above, the following protocol will be implemented:

 

Upon request by either party, an arbitrator will be selected according to the regulations of the relevant arbitration provider to act as a special master, designated as the "Special Master." The Special Master will address initial disputes concerning the appropriateness of some or all of the arbitration demands presented in the Mass Action, known as "Mass Arbitration Demands." These disputes might include, but are not restricted to, the following:

 

1. Disputes concerning owed filing fees for the Mass Arbitration Demands, including the validity of fee waivers submitted by claimants.
2. Disputes regarding whether the arbitration provider has adhered to the Arbitration Agreement in processing and managing the Mass Arbitration Demands.
3. Disputes concerning whether the Mass Arbitration Demands meet the prerequisites outlined in Section 2(d) below.
4. Determining whether claimants are barred from pursuing their claims due to a previous settlement agreement, violation of these Terms, or expiration of the statute of limitations.
5. Disputes related to a single claimant being represented by multiple law firms.
6. Disputes regarding the appropriate arbitration provider where the Mass Arbitration Demands were filed.
7. Disputes related to discovery processes shared among all claims.
8. Disputes concerning legal or factual matters shared among all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. Our Taxi shall be responsible for the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master. A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

1. After the Special Master proceedings conclude and if any of the Mass Arbitration Demands are permitted to proceed, the parties will categorize these demands into batches, with each batch containing no more than 100 demands. These will be grouped first by state of residence and then alphabetically by the last name of the claimant. If there are fewer than 100 demands remaining after this grouping, a final batch will encompass these remaining demands. The parties will inform the arbitration provider of these batches and their compositions within 14 days following the conclusion of the Special Master proceedings.

 

1. Each batch of claims will be treated as one case by the arbitration provider. This means that each case will have one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. Sequential numbers will be randomly assigned to each batch, and the batches will proceed to arbitration one at a time in the order of the random sequential numbers. A distinct arbitrator will be assigned to each batch, and separate administrative and filing fees will be assessed for each batch as it advances to arbitration. Your cooperation in good faith with Our Taxi and the arbitration provider is expected to implement this batch approach to resolution and fees. However, this provision doesn't restrict your right to object if the filing or presentation of multiple arbitration demands by the same law firm or organization violates any terms of this Agreement.

 

1. Additionally, if any Mass Arbitration Demands were initially handled as individual arbitration demands before the commencement of this batching procedure, further proceedings, including the assessment of additional arbitration filing or administration fees for either party, will be governed by the procedures outlined in this Section 2(a)(3)

 

 

1. Delegation Clause: This Arbitration Agreement stipulates that only an arbitrator, not any federal, state, or local court or agency, holds the exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this Agreement. This encompasses any claim asserting that any part of this Arbitration Agreement is void or voidable. Furthermore, an arbitrator is exclusively empowered to address all preliminary issues concerning arbitrability, including issues related to the applicability, unconscionability, or legitimacy of these Terms, as well as any defense raised against arbitration, such as waiver, delay, laches, or estoppel. However, the exclusive authority to resolve disputes arising from or related to the Class Action Waiver and Mass Action Waiver rests with a court of competent jurisdiction, not an arbitrator. This includes claims asserting that any part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable. An exception exists for the determination of whether the party initiating a claim has violated the Mass Action Waiver, which, as previously detailed in Section 2(a)(3)(b), is within the authority of an arbitrator or panel of arbitrators.

 

1.  Application to Third Parties: This Arbitration Agreement holds authority over and extends to encompass any claims involving third parties, such as your spouses, heirs, third-party beneficiaries, and assigns, provided their claims stem from or are connected to your utilization of the Services. If any third-party beneficiary covered by this agreement initiates claims against the involved Parties, those claims will also be subject to the terms and conditions of this Arbitration Agreement.

 

1. Exceptions to Arbitration: Despite the aforementioned, this Arbitration Agreement does not mandate arbitration for the following claims: 
   1. Individual claims brought within the jurisdiction of a small claims court, as long as the case remains within such a court and progresses solely on an individual basis.
   2. Individual claims concerning sexual assault or sexual harassment that occurred in connection with your use of the Services.
   3. Claims seeking injunctive or other equitable relief in a court with appropriate jurisdiction to prevent actual or potential infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

In these particular cases, you have the option to bring and resolve such claims individually in a court that has the appropriate jurisdiction. However, the individual basis stipulation entails that you cannot initiate these claims as part of a class, collective, coordinated, consolidated, mass, and/or representative action against Our Taxi. Specifically, you are precluded from initiating or participating in any form of group, multi-plaintiff, joint action, or class action against Our Taxi, and your action cannot be merged or combined with any other legal proceedings.

 

If you choose to pursue your claims individually and conclude litigation in a court of competent jurisdiction, Our Taxi commits to respect your choice.

 

It's important to note that this agreement to exempt arbitration in these limited cases does not invalidate the enforceability of this Arbitration Agreement concerning any other provisions. This includes, but is not restricted to, the waivers specified in Section 2(a), which remain applicable both in court proceedings and in arbitration. Additionally, this doesn't waive the enforceability of this Arbitration Agreement in any other dispute, claim, or controversy.

1. Rules and Governing Law.

In the event of disputes arising in California, arbitration proceedings will be overseen by ADR Services, Inc. ("ADR") following ADR's Arbitration Rules (the "ADR Rules") applicable at the time of the claim, unless mutually agreed upon otherwise in written form. The ADR Rules can be accessed at www.adrservices.com or by searching for "ADR Arbitration Rules" through search engines like www.google.com or www.bing.com. The arbitration process will involve the assignment of a single arbitrator (referred to as the "Arbitrator") chosen in compliance with the regulations outlined in the ADR Rules.

For disputes occurring outside of California or within California if ADR cannot or declines to administer arbitration, the involved parties must engage in discussions to jointly select an impartial arbitration provider. This designated arbitration provider must operate within the state where the dispute arises. In case of an impasse in selecting an arbitration provider, either party can utilize 9 U.S.C. § 5 to petition a competent court to appoint an arbitration provider operating within the state where the dispute emerged.

Any arbitration provider appointed by a court under 9 U.S.C. § 5 is mandated to conduct arbitration exclusively on an individualized basis, conforming to the specifications detailed in this Section 2. Upon the mutual agreement on a neutral arbitration provider or the court-appointed arbitration provider under 9 U.S.C. § 5, the subsequent arbitration will commence in accordance with the rules prescribed by the designated arbitration provider, except as otherwise specified in this agreement.

Upon finalizing or appointing an arbitration provider, an Arbitrator will be designated. The Arbitrator will either be (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is held, possessing expertise in the law relevant to the dispute. The parties will select the Arbitrator from the roster of arbitrators provided by the relevant arbitration provider. If the parties cannot agree on an Arbitrator despite genuine efforts to reach consensus, the arbitration provider will appoint the Arbitrator in line with its rules and regulations.

Despite any provision concerning choice of law in these Terms, the parties explicitly recognize that this Arbitration Agreement represents a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., will govern the interpretation, enforcement, and proceedings of this Arbitration Agreement. The parties intend to be bound by the FAA provisions for all aspects, encompassing interpretation, implementation, enforcement, and administration of this Agreement. They acknowledge that the FAA and the relevant arbitration provider’s rules will take precedence over state laws to the fullest extent permitted by law.

All statutes of limitations typically applicable will be relevant to any arbitration proceedings. If, for any reason, the FAA and the rules of the applicable arbitration provider do not apply to a particular issue concerning the interpretation or enforcement of this Arbitration Agreement, that specific issue will be resolved according to the laws of the state in which you reside at the time of accepting these Terms.

Furthermore, any dispute, claim, or controversy arising from incidents or accidents resulting in personal injury (including, but not limited to, claims of sexual assault or harassment) associated with your Service usage—regardless of whether they occurred before or after agreeing to these Terms—shall be governed by and construed in compliance with the laws of the state where the incident or accident occurred.

1. Process.

 

The parties recognize that resolving disputes informally through good-faith efforts can lead to timely, cost-effective, and mutually advantageous outcomes. Therefore, before either party initiates arbitration against the other, there's an agreement to personally convene via telephone or video conference for a good-faith attempt to informally resolve any claim covered by this Arbitration Agreement. It's important to note that multiple individuals initiating claims cannot partake in the same informal telephonic dispute resolution conference. If you're represented by legal counsel, they can participate, but your active involvement in the conference is mandatory.

 

The party commencing the claim must formally notify the other party in writing of their intention to conduct an informal dispute resolution conference. This conference should occur within 60 days after the receiving party acknowledges the notice, unless both parties mutually agree on an extension. To inform Our Taxi of your intent to initiate this conference, send a written notice to Our Taxi Corp., Inc., Attn: Legal Department, 250 Park Ave 7th floor, New York, NY 10177 Include your name, the associated telephone number(s) and email address(es) linked to your Our Taxi account, and a description of your claim.

 

Engaging in this informal dispute resolution conference is a necessary prerequisite before starting arbitration. The Arbitrator will dismiss any arbitration demand filed prior to completing this informal resolution conference. During the period when the parties engage in this informal resolution process as mandated in this paragraph, the statute of limitations and any deadlines for filing fees will be paused. 

 

To commence arbitration after completing the informal dispute resolution process outlined in this section, the initiating party is required to deliver a written demand for arbitration to the other party and submit the demand to the appropriate arbitration provider, determined in accordance with Section 2(c).

 

If a party is initiating arbitration against Our Taxi, they must dispatch the written demand for arbitration to Our Taxi Corp., Attn: Legal Department, 250 Park Ave 7th floor, New York, NY 10177 . Alternatively, the Demand can be served on Our Taxi's registered agent for service of process, c/o Our Taxi Corp.

 

Furthermore, a party commencing arbitration against Our Taxi must transmit an electronic copy of the demand for arbitration to the Arbitration Provider. Additionally, an electronic version of the demand as filed must be sent to [specific recipient or address not provided in the input].

 

By affixing their signature to the demand for arbitration, legal counsel certifies, based on a reasonable inquiry under the circumstances and to the best of their knowledge, information, and belief, that:

 

i. The demand for arbitration is not presented for any improper purpose, such as harassment, causing unnecessary delay, or needlessly increasing the cost of dispute resolution.

ii. The claims and legal contentions are substantiated by existing law or by a credible argument for extending, modifying, or establishing new legal principles.

iii. The factual contentions are supported by evidence or, if specified, will likely be supported by evidence following a reasonable opportunity for further investigation or discovery.

 

The Arbitrator is granted authority to provide relief or impose sanctions available under Federal Rule of Civil Procedure 11 or any relevant state law in case of either party's breach of this requirement.

 

1. Location.

Unless there is an alternative agreement between you and Our Taxi, if you reside in the United States, the arbitration will take place in the county of your residence. For those not residing in the United States, the arbitration will be held in the county where the dispute originates. The entitlement to a hearing will be determined by the rules set forth by the relevant arbitration provider. At the discretion of the Arbitrator, there may be a reasonable exchange of information between the involved parties, in line with the expeditious nature of the arbitration proceedings and in compliance with the rules of the applicable arbitration provider.

 

1. Offers of Judgment. 

At least 10 days preceding the scheduled arbitration hearing, either party may present a written offer to the other party, specifying terms for a judgment. Should the offer be accepted, accompanied by proof of acceptance, it will be submitted to the arbitrator for judgment accordingly. In the event the offer is not accepted before the arbitration hearing or within 30 days after its initial submission, whichever happens first, the offer will be considered withdrawn and cannot be presented as evidence during the arbitration. If a party's offer isn't accepted by the opposing party and the latter fails to secure a more favorable award, they will not recover their post-offer costs and will be responsible for the offering party's costs from the moment of the offer onward.

 

1. Arbitrator’s Decision.

The Arbitrator will issue an award within the timeframe outlined in the relevant arbitration provider’s regulations. This arbitration award can be legally enforced by entering it in any court with proper jurisdiction. The Arbitrator holds the authority to grant declaratory or injunctive relief solely in favor of the claimant and only to the extent necessary to provide relief justified by the individual claim. The Arbitrator's decision is conclusive and obligatory for all involved parties.

 

Decisions made in other arbitrations do not bind the Arbitrator, and the Arbitrator's ruling is binding solely on the involved parties in that specific arbitration. The Arbitrator will grant reasonable arbitration costs to the prevailing party in compliance with the laws of the state where the arbitration takes place.

 

1. Fees.

This provision outlines that, apart from the stipulations regarding payment for arbitration costs mentioned earlier, your obligation to cover filing, administrative, and arbitrator fees will strictly adhere to the regulations established by the relevant arbitration provider. These fees will be limited to the amount you'd be obliged to pay if you initiated a claim in court.

 

Should your gross monthly income fall below 300% of the federal poverty guidelines, you have the right to request a waiver for arbitration fees and costs (except for arbitrator fees). If you believe you qualify for a fee waiver and your arbitration claim arises outside of California, you'll need to request the waiver by submitting AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs, or a sworn declaration that contains all the information mandated by AO 240. However, if your arbitration claim arises within California, you must submit a sworn declaration stating your monthly income and the number of individuals in your household.

 

This clause dictates that disputes concerning a party's responsibility to cover arbitration fees or costs, arising after the appointment of an arbitrator, will be exclusively resolved by the arbitrator. In the event such a dispute emerges before an arbitrator has been designated, and if neither party has requested a Special Master as per Section 2(a)(3)(c)(i) of these Terms, the parties agree that...

 

1. This section outlines the process to resolve disputes related to payment of arbitration fees:
2. The due date for any contested fees will be postponed until the resolution of the dispute between the parties.
3. A panel of three arbitrators will be established to settle disputes regarding a party's responsibility for arbitration fees or costs.
4. Each party will select one arbitrator from the arbitration provider's list to serve as neutral arbitrators, and these chosen arbitrators will appoint a third neutral arbitrator. If there's a disagreement on the third arbitrator, the arbitration administrator will make the selection.
5. Our Taxi will cover administrative fees or costs associated with appointing the panel of arbitrators and any expenses that are unique to arbitration proceedings.
6. The arbitrator(s) will provide a written decision that includes findings of fact and conclusions of law. If multiple fee disputes between a claimant and Our Taxi arise simultaneously, these disputes might be combined and resolved by a single arbitrator or panel of arbitrators if agreed upon by the parties or elected by the party common to all disputes.

 

1. Severability and Survival.

i. If any portion of the Arbitration Agreement is found to be unenforceable or unlawful, that specific part will be removed from these Terms.

ii. The removal of the unenforceable or unlawful provision won't impact the rest of the Arbitration Agreement. The remaining parts of the Agreement and the parties' ability to enforce arbitration for any remaining claims on an individual basis will remain unaffected.

iii. In case any claims are required to proceed on a class, collective, consolidated, or representative basis due to the removal of a provision, those specific claims will be litigated in a civil court of competent jurisdiction rather than through arbitration. Litigation of these claims will be paused until the resolution of any individual claims in arbitration.

The Services

This section outlines the scope of services provided:

The Services offered enable users to access and interact with:

Third-Party Services: These are services provided by external service providers, including merchants, retailers, delivery persons, restaurants, and autonomous vehicle fleet providers.

Personalized Content: This includes features, recommendations, and advertisements tailored to individual preferences and needs.

Supporting Services: These encompass various functions such as allowing users to express preferences about the Third-Party Services or Providers, handling payment processing, and providing customer support. Unless specified otherwise in a separate written agreement, these Services are intended for personal, noncommercial use by individuals.

This section delineates the interplay between users and Third-Party Providers within Our Taxi's framework: When a user initiates a request, the platform promptly notifies Third-Party Providers about the available opportunity. However, the decision to provide services squarely lies with the Third-Party Providers, granting them the autonomy to accept or decline user requests. Users retain the discretion to either accept or reject services offered by these providers. Once a request is underway, the ability to reschedule or cancel might be restricted; in cases where rescheduling or canceling is feasible, it could incur fees or non-refundable charges for purchased items. Essentially, this clause clarifies that once the request process commences, both users and providers bear specific responsibilities and face limitations concerning the acceptance, offering, or cancellation of services.

THE SERVICES PROVIDED BY OUR TAXI DO NOT CONSTITUTE A COMMON OR MOTOR CARRIER SERVICE AND DO NOT INVOLVE THE TRANSPORTATION OF USERS OR THEIR GOODS. GENERALLY, THESE SERVICES ARE EXCLUSIVELY ACCESSIBLE TO REGISTERED USERS, NOT THE BROADER PUBLIC. WHILE USERS CAN REQUEST AND, IF APPLICABLE, RECEIVE THIRD-PARTY SERVICES THROUGH THE PLATFORM, THIS ACTION DOESN'T CATEGORIZE OUR TAXI AS A PROVIDER OF ANYTHING BEYOND ITS SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT CONSIDERED ACTUAL, APPARENT, OR OSTENSIBLE AGENTS OR EMPLOYEES OF OUR TAXI IN ANY CAPACITY. ANY EFFORTS, FEATURES, PROCESSES, POLICIES, OR STANDARDS IMPLEMENTED BY OUR TAXI TO FACILITATE THE RECEIPT OF THIRD-PARTY SERVICES OR ENSURE SAFETY AND SECURITY, REGARDLESS OF REGULATORY REQUIREMENTS, DO NOT IMPLY AN EMPLOYMENT OR AGENCY RELATIONSHIP WITH THIRD-PARTY PROVIDERS.

1. Third-Party Services: 

The Our Taxi App offers various Third-Party Services, but some content or services are solely accessible outside the app, referred to as "Out-of-App Experiences." Clicking on links to access these experiences redirects you to different websites or destinations, subjecting you to their distinct terms, conditions, and privacy policies, separate from Our Taxi's. Our Taxi doesn't provide warnings about leaving its Services or entering into the terms of another provider. Using third-party website links and advertisements is at your own risk as they are not governed by Our Taxi and aren't under its control. Our Taxi doesn't endorse these providers and bears no responsibility or liability for any products or services they offer.

Some Third-Party Services available via the Our Taxi App might involve autonomous vehicles (AVs), capable of operating at SAE Levels 3, 4, or 5, as per the J3016 April 2021 SAE International specification. These AVs are managed by Third-Party Providers operating one or more such vehicles, often referred to as "Autonomous Vehicle Fleet Providers." Accessing Third-Party Services provided by AVs may require agreeing to the terms outlined by these Autonomous Vehicle Fleet Providers.

Should a conflict arise between the terms of Third-Party Services and these Terms, these Terms take precedence concerning agreements with Our Taxi and its limitations of liability, as stated in Section 7, apply to the Third-Party Provider. The Arbitration Agreement specified in Section 2 supersedes the terms of Third-Party Services for all purposes, except for claims solely against the Third-Party Provider.

 

1. App Stores.

The functionality of the Services may hinge on the source from which you acquired the Our Taxi App license, such as the Apple iPhone or Android app stores (the "App Store"). Your agreement is directly with Our Taxi, not the App Store, and Our Taxi is accountable for delivering the Services as outlined in these Terms. However, if you obtained the Our Taxi App from the Apple App Store, Apple and its subsidiaries hold the status of third-party beneficiaries to these Terms. By accepting these Terms, you grant Apple the right to enforce them against you as a third-party beneficiary. These Terms reference and include Apple’s Licensed Application End User License Agreement, where you are recognized as the "end-user." Should there be any conflict between the terms of the Licensed Application End User License Agreement and these Terms, these Terms will take precedence.

1. Ownership; License; and Restrictions.

The Services and all associated rights, titles, and intellectual property remain the sole property of Our Taxi or its licensors. These Terms do not constitute a sale and do not confer any rights or ownership to you concerning the Services or any intellectual property belonging to Our Taxi, except for the limited license mentioned earlier.

Subject to your adherence to these Terms, Our Taxi grants you a restricted, non-exclusive, non-transferable, revocable license to:

1. Utilize the Our Taxi App solely in relation to your use of the Services on your personal device; and
2. Access and use any content, information, or related materials provided through the Services, exclusively for your personal, non-commercial purposes. Any rights not expressly granted herein are reserved by Our Taxi and its licensors. You agree not to utilize Our Taxi's copyrights, trademarks, service marks, or trade dress, except incidentally during your use of the Services, without explicit written permission from Our Taxi. This restriction includes usage in domain names, websites, and social media accounts. 

 

You may not: 

You must not engage in the following actions regarding the Services:

1. Removing any copyright, trademark, or other proprietary notices from any part of the Services;
2. Reproducing, modifying, creating derivative works, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, performing, transmitting, streaming, broadcasting, or exploiting the Services unless expressly permitted by Our Taxi. 
3. Decompiling, reverse engineering, or disassembling the Services, except were allowed by applicable law;
4. Linking to, mirroring, or framing any section of the Services;
5. Initiating or executing programs or scripts to overly burden or disrupt the operation or functionality of any part of the Services; or
6. Attempting unauthorized access to or impairment of any part of the Services or its associated systems or networks.

Accessing the Services

1. User Accounts.

To access most features of the Services, you'll need an active personal user account ("Account"). If you've been previously barred from using the Services, you cannot register or maintain an Account. Registering may involve providing personal details like your name, address, mobile number, and age, along with at least one valid payment method supported by Our Taxi. Our Privacy Notice provides further details on how your personal information is used. It's essential to keep your Account information accurate, complete, and current, including a valid phone number, address, and payment method. Generally, you must be at least 18 years old or the age of legal majority in your jurisdiction (if different from 18) to create an Account unless a specific Service allows otherwise. You're allowed only one Account unless Our Taxi explicitly permits otherwise, and you cannot transfer your Account to another person or entity. You're responsible for all activities under your Account and must maintain the security and confidentiality of your Account credentials at all times. 

 

1. Minors.

The Services are generally intended for individuals aged 18 and above, with exceptions outlined below. You are not permitted to let third parties use your Account or allow individuals under 18 to access the Services unless they are accompanied by you or an adult. However, we might offer parents and guardians the option to create Accounts for their children. As a parent or legal guardian, if you permit your child to use the Services, these Terms apply to you, and you're accountable for your child's activities. If you're under 18 and want to use an Account, you need permission from your parent or legal guardian and may need to accept additional terms as a minor. It's important to review these additional terms with your parents or legal guardian.

 

1. Network Access and Devices.

You're responsible for having the necessary data network access for the Services. Using the Services on your device might incur data and messaging charges from your mobile network. You're also responsible for having and updating compatible hardware or devices needed for the Services. Our Taxi doesn't assure that the Services will work on every type of hardware or device. Since the Services operate online, they might experience malfunctions or delays typical of Internet and electronic communication use. Our Taxi isn't liable for any issues arising from such problems, including delays, delivery failures, or any resulting damage, loss, or injury.

User Conduct and Requirements; Communications; and User Content

1. User Conduct and Requirements.

In addition to adhering to these Terms, you commit to abiding by all relevant laws while utilizing the Services, using them solely for lawful purposes (such as refraining from requesting transport of unlawful or hazardous materials). Usage of the Services that causes nuisance, annoyance, inconvenience, or any harm to Our Taxi, the Third-Party Provider, or any other involved party is prohibited. When opting for a ride with a child restraint system, neither Our Taxi nor the Third-Party Provider holds responsibility for the system's safety; it's your responsibility to ensure its correct installation and proper securing of the child. Compliance with state laws regarding height, age, and weight requirements for child restraint systems is crucial, as outlined in Our Taxi's policies available on city-specific web pages. When availing of services with assistance outside the vehicle (e.g., Our Taxi Assist), Our Taxi bears no responsibility for any resulting injury or incident from such aid. You might need to provide age, identity, or other verification upon service use, and refusal may lead to denied access. In certain cases and at the Third-Party Provider's discretion, small animals might be allowed during a ride, but you're accountable for securing them properly and preventing any damage or mess in the provider's vehicle, with potential charges for any resultant damage or mess under Section 6. Service Animals, per Our Taxi's Service Animals and Assistive Devices policy, are usually permitted without extra charge, irrespective of the trip type. To support compliance and insurance obligations, you agree to notify us within 24 hours and provide necessary details concerning any incidents or accidents during your Service use, cooperating with investigations and resolutions.

 

1. Communications with Our Taxi.

 

By registering an Account, you consent to receive communications from Our Taxi, Third-Party Providers, or service providers associated with Our Taxi via email, text, WhatsApp, calls, in-app messages, and push notifications sent to the provided email addresses or phone numbers. These communications might be automated, containing prerecorded messages delivered by Our Taxi or Third-Party Providers, pertaining to requests made through your Account on the Services. Standard message and data rates may apply, and you can find more details about Our Taxi's contact methods in our Privacy Notice.

 

If you prefer not to receive promotional emails, texts, or other communications from Our Taxi, you can adjust your notification settings in your Account's Settings section. To opt out of Our Taxi's text messages, reply "STOP" from your mobile device. It's important to note that messages between you and Third-Party Providers are transactional, not promotional. Be aware that opting out of all communications might affect your Service experience. However, in cases of suspected fraud or unlawful activities linked to your Account, Our Taxi reserves the right to contact you via the information provided, including text or voice-recorded messages.

 

1. Use of Accounts Owned by Others.

 

When utilizing an Our Taxi service that allows usage or billing on behalf of another individual or business, specific data will be shared with that entity. This shared information may encompass details concerning the requested services, such as the time, date, transportation, logistics, delivery specifics, and associated charges. In cases involving transportation requests, we may also share safety-related incident information that occurs during the provided transportation. By engaging with such Our Taxi products or services, you acknowledge and accept that this data sharing is a prerequisite for using these specific Our Taxi offerings.

 

1. User Provided Content; Feedback.

The content you submit to Our Taxi is regulated by Our Taxi's Generated Content Terms, seamlessly included within these Terms through reference. Similarly, any feedback you offer to Our Taxi is governed by Our Taxi's Feedback Policy, also integrated into these Terms through reference.

Payment

1. Prices & Charges.

 

Your utilization of the Services might result in costs incurred for the services or items received from both Our Taxi and Third-Party Providers, collectively termed as "Charges." The prices exhibited while procuring goods through the Services may encompass retail costs from the Third-Party Provider and fees remitted to Our Taxi. Facilitating your payment for the pertinent Charges related to services or goods acquired through the Services is the responsibility of Our Taxi. These Charges will encompass relevant taxes as mandated by law and may also cover various additional fees, including delivery charges, service charges, product return expenses, cancellation fees, government-imposed charges like bag fees, anticipated or actual tolls, and/or surcharges. Additionally, Charges in specific regions might substantially escalate during periods of heightened demand or due to other market-related factors.

 

Regarding Charges incurred through Third-Party Providers, you are directly liable for these Charges to the Third-Party Providers. Our Taxi acts as a limited payment collection agent for the Third-Party Provider and will collect payment from you on their behalf. Payment of these Charges through Our Taxi is considered tantamount to direct payment by you to the Third-Party Provider. The payment for goods or services from a Third-Party Provider is deemed to occur at the moment you submit payment through Our Taxi. You reserve the right to request lower Charges from a Third-Party Provider upon receipt of their services or goods. Similarly, the Third-Party Provider holds the right to request higher Charges for the provided services or goods, especially in cases where the actual goods differ from the initially requested items in terms of quantity, weight, or type. Unless you request lower Charges, you agree to pay the higher or lower Charges linked to such variations in products. Our Taxi will consider any reasonable request from a Third-Party Provider to modify Charges for a particular service or product. This payment mechanism aims to fairly compensate Third-Party Providers for the services or goods obtained through your use of the Services.

 

There might be Charges that you incur which are owed directly to Our Taxi or its affiliates. Notably, accessing the Our Taxi App itself doesn't entail a fee, but there might be charges or fees for accessing Third-Party Services. The displayed prices of products or menu items within the Services may differ from those offered or published by the Third-Party Providers for the same items, even at their physical locations or on other third-party websites or applications. It's important to note that the prices shown through the Services might not necessarily reflect the lowest available prices for these products or menu items. Additionally, the prices displayed or fees charged by Our Taxi could vary depending on whether you opt for order pickup or delivery.

All Charges and payments will be enabled by Our Taxi using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Our Taxi may use another available payment method in your Account.

 

Our Taxi holds the right to set or modify Charges for any services or goods acquired via the Services. While efforts will be made to communicate these Charges, you are responsible for the Charges on your Account, whether or not you're informed about them or their amounts.

 

1. Refunds.

 

Once paid, Charges are typically non-refundable unless otherwise decided by Our Taxi and the relevant Third-Party Provider. Should you need a cancellation, refund, or dispute a Charge, visit the "Help" tab in your Account within 30 days of the Charge, as after this period, Our Taxi won't bear responsibility and you waive the right to dispute the billed amounts later on.

 

1. Promotional Offers.

Occasionally, some users might receive varying charges due to promotional offers or discounts. It's important to note that these promotions won't impact the charges applied to you unless specifically made available to you. Please understand that these offers and discounts can change or be removed without prior notice.

 

1. Gratuity.

Our Taxi doesn't allocate any part of your payment through the Services as a tip or gratuity for Third-Party Providers. You're free to offer additional payment as a gratuity to these providers but aren't obligated to do so when receiving services or goods through the Service.

 

1. Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.

Our Taxi might charge you a fee for damage caused to a vehicle or property during your use of the Services, requiring repair or cleaning. This fee, at Our Taxi's discretion, depends on the damage type and severity. Our Taxi may require proof of damages before processing the fee. If the damage is confirmed, Our Taxi may use your designated payment method to cover the reasonable repair or cleaning cost. These amounts, along with fees related to lost items, are non-refundable and will be transferred to the Third-Party Provider, if applicable. Not complying with these Terms might also make you liable for charges, including those arising from incomplete transactions due to your non-compliance.

Disclaimers; Limitation of Liability; and Indemnity.

Disclaimers.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND OUR TAXI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPLICITLY OUTLINED IN THESE TERMS. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR TAXI MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR ANY SERVICES OR GOODS OBTAINED THROUGH THEM. THERE'S NO ASSURANCE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS.

OUR TAXI DOES NOT ENSURE THE QUALITY, SUITABILITY, SAFETY, OR CAPABILITY OF THIRD-PARTY PROVIDERS. YOU ACCEPT THAT ALL RISKS ASSOCIATED WITH USING THE SERVICES, AS WELL AS ANY SERVICES OR GOODS OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THEM, ARE ENTIRELY YOUR RESPONSIBILITY, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

UNDERSTAND THAT OUR TAXI DOESN'T OVERSEE, CONTROL, OR INSTRUCT THIRD-PARTY PROVIDERS. THESE PROVIDERS ARE NOT ACTUAL, APPARENT, OR OSTENSIBLE AGENTS OR EMPLOYEES OF OUR TAXI. SHOULD A DISPUTE ARISE BETWEEN YOU AND ANY THIRD PARTY, YOU ABSOLVE OUR TAXI FROM ALL KINDS OF LOSSES—REGARDLESS OF WHETHER THEY'RE KNOWN, UNKNOWN, SUSPECTED, OR UNSUSPECTED—RELATED TO OR STEMMING FROM SUCH DISPUTES.

OUR TAXI DOESN'T MANAGE OR ENDORSE ANY USER-GENERATED OR THIRD-PARTY CONTENT FOUND ON OR LINKED TO BY THE SERVICES. OUR TAXI CANNOT GUARANTEE THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

OUR TAXI'S UTILIZATION OF ALGORITHMS, AIMING TO ENHANCE SERVICES AND USER EXPERIENCE WHILE BOLSTERING SECURITY AND SAFETY, DOESN'T IMPLY ANY FORM OF GUARANTEED OR IMPLIED WARRANTY.

Limitation of Liability.

OUR TAXI WON'T BE HELD LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RESULTING FROM THE USE OF THE SERVICES, REGARDLESS OF OUR TAXI'S NEGLIGENCE, EVEN IF WARNED OF SUCH POTENTIAL DAMAGES.

OUR TAXI WON'T BE HELD LIABLE FOR DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES, INCLUDING YOUR INABILITY TO ACCESS OR USE THEM, OR FROM ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A THIRD-PARTY PROVIDER.

 

OUR TAXI WON'T BE HELD RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE DUE TO REASONS BEYOND ITS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SOME THIRD-PARTY PROVIDERS OFFERING TRANSPORTATION SERVICES THROUGH OUR TAXI MAY PROVIDE RIDESHARING OR PEER-TO-PEER TRANSPORTATION WITHOUT PROFESSIONAL LICENSING OR PERMITS. ADDITIONALLY, YOU RECOGNIZE THAT THESE THIRD-PARTY PROVIDERS ARE NOT CONSIDERED OUR TAXI'S OSTENSIBLE, APPARENT, OR ACTUAL AGENTS, OR EMPLOYEES.

YOU ACKNOWLEDGE THAT WHILE THE SERVICES ALLOW YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, OUR TAXI BEARS NO RESPONSIBILITY OR LIABILITY TO YOU CONCERNING THESE SERVICES, EXCEPT AS EXPLICITLY OUTLINED IN THESE TERMS.

OUR TAXI IS NOT RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, OR LOSSES RESULTING FROM THE ABSENCE OR INCORRECT USE OF CHILD RESTRAINT SYSTEMS FOR PASSENGERS WHO LEGALLY REQUIRE THEM DURING RIDES REQUESTED THROUGH THE SERVICES.

THAT PROVISION ENSURES THAT LIMITATIONS AND DISCLAIMERS DON'T SEEK TO RESTRICT LIABILITY OR MODIFY YOUR RIGHTS AS A CONSUMER PROTECTED UNDER APPLICABLE LAW. IN STATES OR JURISDICTIONS WHERE EXCLUDING OR LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ISN'T ALLOWED, OUR TAXI'S LIABILITY WILL BE RESTRICTED TO THE EXTENT PERMITTED BY LAW. THIS CLAUSE DOESN'T AFFECT THE CHOICE OF LAW PROVISION DETAILED BELOW BY OUR TAXI.

Indemnity.

This clause outlines that you're responsible for indemnifying and safeguarding Our Taxi, its affiliates, officers, directors, employees, and agents from any actions, claims, losses, liabilities, expenses, and damages (including legal fees) arising from: (i) your use of the Services or goods obtained through them; (ii) any breach of these Terms; (iii) Our Taxi's use of your User Content; or (iv) any infringement of third-party rights, including those of Third-Party Providers.

Other Provisions

1. Choice of Law.

 

This section indicates that the Terms will be governed and interpreted according to the laws of the state where your dispute arises. It also clarifies that the choice of law applies specifically to the interpretation of these Terms and doesn't broadly extend the laws of a particular state unless your dispute originates from that state.

 

This provision specifies that any disputes, claims, or controversies related to personal injury incidents, including claims of sexual assault or harassment, arising from the use of the Services, whether before or after agreeing to the Terms, will be governed by the laws of the state where the incident or accident occurred.

 

1. Choice of Forum.

 

This provision states that any disputes or claims relating to the Terms, including their existence, breach, termination, enforcement, interpretation, or validity, will be exclusively addressed in the state and federal courts of the state where the dispute or claim originated. This takes precedence over other courts' jurisdiction, except when specified differently in the Arbitration Agreement or Supplemental Terms relevant to your region.

 

This paragraph specifies that disputes or claims regarding incidents leading to personal injury, such as sexual assault or harassment claims related to your use of the Services, regardless of when they occurred concerning these Terms, should be addressed exclusively in state or federal courts within the state where the incident happened. This applies even if other courts might have jurisdiction over the parties involved, except when specified differently in the Arbitration Agreement in Section 2 or in relevant Supplemental Terms, as permitted by law.

 

This statement clarifies that the previously mentioned Choice of Law and Choice of Forum sections don't affect the Arbitration Agreement outlined in Section 2. Instead, it directs you to review Section 2 for the specific provisions regarding disputes covered by the Arbitration Agreement.

 

1. Claims of Copyright and Trademark Infringement.

Claims related to copyright and trademark infringement should be directed to Our Taxi's appointed agent. For specific details and the designated address, please refer to Our Taxi's Copyright Policy or Trademark Policy, which will provide additional information regarding these matters.

 

1. Notice.

This section outlines how Our Taxi may provide notice to you and how you can provide notice to Our Taxi. Notices from Our Taxi may be issued through various means, such as a general notice on the Services, via email, telephone, text message, or written communication sent by mail to the address linked to your Account. These notices are considered delivered within 48 hours of mailing or posting for physical mail or immediately upon sending for electronic means. However, modifications to these Terms become effective upon posting an updated version on Our Taxi’s website or through the Services. If you need to notify Our Taxi, you can do so by mailing a letter to the registered agent for service of process, c/o Our Taxi Corp., Inc. Specific notice provisions outlined in these Terms take precedence in case of any conflicts or inconsistencies with this notice provision.

 

1. General: 

This section specifies the terms related to assignment, relationships, and the invalidity of provisions within the Terms. You cannot assign these Terms without prior written approval from Our Taxi, whereas Our Taxi can assign these Terms without your consent to specific entities like subsidiaries, acquirers, or successors. Any attempt by you to assign in violation of this clause is deemed void. These Terms do not establish a joint venture, partnership, employment, or agency relationship between you, Our Taxi, Third-Party Providers, or Out-of-App Experience Providers. If any provision within these Terms is found invalid or unenforceable, it will be removed, and the remaining provisions will be enforced to the fullest extent allowed by law. Our Taxi's failure to enforce any right or provision doesn't waive that right or provision unless acknowledged and agreed upon in writing by Our Taxi. This clause doesn’t affect the Severability and Survivability section within the Arbitration Agreement of these Terms.

Our Taxi Terms and Conditions

 

The present document, referred to as the "Terms of Service," establishes a legally enforceable contract between the user and Our Taxi Corp, and its associated companies, representatives, affiliates, officials, and board members (collectively known as "Our Taxi "). These terms govern the utilization of Our Taxi's personalized, versatile, digital marketplace platform, termed as the "Our Taxi Marketplace Platform," along with any associated content or services, encompassing mobile and/or web-based applications (referred to as "Applications" or the "Our Taxi App"), collectively referred to as the "Services."

NOTICE: THESE TERMS OF SERVICE ENCOMPASS CLAUSES THAT GOVERN THE RECOURSE AVAILABLE IN DISPUTES BETWEEN YOU AND OUR TAXI, INCLUDING THE ARBITRATION PROVISION STIPULATED IN SECTION 2 BELOW. THESE TERMS OF SERVICE ARTICULATE THE PROCESS OF RESOLVING SUCH DISPUTES, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE THOROUGHLY REVIEW THE ARBITRATION AGREEMENT IN SECTION 2, AS IT MANDATES THE RESOLUTION OF ALL DISAGREEMENTS WITH OUR TAXI ON AN INDIVIDUAL BASIS AND, WITH SPECIFIC EXCEPTIONS, THROUGH A CONCLUSIVE AND BINDING ARBITRATION PROCESS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPLICITLY CONFIRM THAT YOU HAVE REVIEWED AND UNDERSTOOD ALL CLAUSES WITHIN THESE TERMS OF SERVICE AND HAVE DELIBERATED THE RAMIFICATIONS OF THIS SIGNIFICANT DECISION.

Despite the aforementioned, in the event that you opt, either presently or in the future, to offer transportation services (such as ride-hailing), logistical support (like freight), delivery services (including food, packages, and other items), and similar services (collectively referred to as "Third-Party Services"), these Terms of Service do not nullify or otherwise impact the enforceability of any agreements you might have with Our Taxi or its subsidiaries concerning such Third-Party Services (such as the Platform Access Agreement, the Technology Services Agreement, or any analogous agreements). Should any agreement you maintain with Our Taxi concerning Third-Party Services contradict these Terms of Service, the terms of those agreements (and not these Terms of Service) shall take precedence in resolving disputes arising from your provision of Third-Party Services. Otherwise, relevant clauses in these Terms of Service remain applicable.

1. Contractual Relationship; Termination; and Modification

Apart from these Terms of Service, your utilization and access to the Services are additionally regulated by the pertinent terms available on our website. These encompass, but are not confined to, the privacy notice elucidating the methodology of collecting, utilizing, and disclosing your personal information; the Generated Content Terms; Community Guidelines; Referral Policies; Our Taxi's pertinent standards and policies (inclusive of safety standards, accessibility policies, and the U.S. Service Animal Policy); along with the ADT Mobile Security Monitoring Terms. Collectively, these are referred to as the "Supplemental Terms."

Together, we denote these Terms of Service and the Supplemental Terms as the "Terms." These Terms regulate your accessibility or utilization, within the United States and its territories and possessions, of the Services provided within the United States and its territories and possessions (referred to as the "Territory"). Should you engage with the Services in another country, you consent to abide by Our Taxi's terms of service applicable to that specific country. PLEASE EXAMINE THESE TERMS THOROUGHLY, AS THEY REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND OUR TAXI. In these Terms, the terms "including" and "include" signify "including, but not limited to."

Upon accessing or utilizing the Services, you affirm your consent to be legally bound by these Terms. Should you disagree with these Terms, refrain from accessing or using the Services. These Terms explicitly dictate the usage of the Services within the designated Territory.

1. Termination.

 

Our Taxi reserves the right, at its sole discretion, to promptly terminate these Terms or any Services concerning you, or universally discontinue offering or restrict access to the Services or any part thereof, at any given time and for any reason

 

1. Modification.

 

Our Taxi retains the authority to amend these Terms or its policies linked to the Services at any point, becoming effective upon the publication of an updated version of these Terms via the Services or Our Taxi's website. It's advisable to routinely review these Terms, as your ongoing use of the Services subsequent to any alterations signifies your acceptance of those changes.

 

1. Arbitration Agreement

By accepting these Terms, you acknowledge the obligation to resolve any claim against Our Taxi individually through arbitration as outlined in this Arbitration Agreement. This specifically excludes participation in any class, collective, coordinated, consolidated, mass, or representative action. Both you and Our Taxi are waiving the right to a trial by jury. This Agreement prevents you from initiating any class, collective, coordinated, consolidated, mass, or representative action against Our Taxi and restricts participation in or receiving relief from any ongoing or future class, collective, coordinated, consolidated, mass, or representative action brought against Our Taxi by any other party—unless specified otherwise in Section 2(a)(3)(c) below. Therefore, the agreement ensures that the Arbitrator will not conduct any form of class, collective, coordinated, consolidated, mass, or representative arbitration, nor combine, coordinate, or consolidate claims from multiple individuals against Our Taxi in a single proceeding—except as provided in Section 2(a)(3)(c) below. To clarify, except as specified in Section 2(a)(3)(c) below, this Arbitration Agreement restricts you from initiating or participating in any form of class, collective, coordinated, consolidated, mass, or representative action against Our Taxi, except for participation in a class-wide, collective, coordinated, consolidated, mass, or representative settlement of claims.

1. Agreement to Binding Arbitration Between You and Our Taxi.

 

1.  Covered Disputes: Unless explicitly outlined otherwise in Section 2(b), both you and Our Taxi concur that any disagreement, claim, or contention arising directly or indirectly from: (i) these Terms or any previous iterations thereof, encompassing their existence, breach, termination, enforcement, interpretation, scope, waiver, or validity; (ii) your utilization or access of the Services at any given time; (iii) incidents or occurrences leading to personal injury to you or any other individual that you assert transpired in connection with your use of the Services (inclusive of, yet not confined to, your use of the Our Taxi Marketplace Platform or the driver version of the Our Taxi App), regardless of whether the disagreement, claim, or controversy emerged or accrued before or after your agreement to these Terms, and regardless of whether you claim that the personal injury affected you or any other party; and (iv) your association with Our Taxi, shall be resolved through binding individual arbitration between you and Our Taxi, rather than in a court of law. This Arbitration Agreement remains effective after the conclusion of your association with Our Taxi.

 

1. Class Action Waiver: Class Action Waiver: All disputes, claims, or controversies between the involved parties will exclusively be resolved through individual arbitration. Both parties explicitly renounce the right to pursue any dispute, claim, or controversy through a class, collective, coordinated, consolidated, or representative action. An arbitrator or arbitration provider lacks the authority to address, arbitrate, or manage any class, collective, coordinated, consolidated, or representative action, or grant relief to anyone other than the individual involved in arbitration. The parties also expressly waive the pursuit, retrieval, or attainment of any relief beyond the individual level. Despite any other stipulation in this agreement, this Class Action Waiver doesn't obstruct participation in a class-wide, collective, or representative settlement of claims by either you or Our Taxi.

 The parties additionally agree that if, for any cause, a claim doesn't proceed through arbitration, this Class Action Waiver shall persist, and a court cannot preside over a proceeding combining, coordinating, or consolidating claims from multiple individuals against Our Taxi in a unified action, except if this waiver doesn't prohibit you or Our Taxi from partaking in a class-wide, collective, or representative settlement of claims. In the event of a final judicial ruling deeming any part of this Class Action Waiver unenforceable or unlawful for any reason, the waiver shall persist in full force and effect.

 

If there's a final judicial ruling deeming any part of this Class Action Waiver unenforceable or unlawful:

 

1. Any class, collective, coordinated, consolidated, and/or representative claims affected by the unenforceable or unlawful section(s) will proceed in a court of competent jurisdiction.
2. The enforceable portion of the Class Action Waiver will remain in force during arbitration.
3. The unenforceable or unlawful section(s) will be separated from this Arbitration Agreement The removal of the unenforceable or unlawful section(s) won't impact the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims brought forth by either you or Our Taxi.

 

1. Mass Actions: 

1. Mass Action Waiver: Mass Action Waiver: All disputes, claims, or controversies between the involved parties shall exclusively undergo individual arbitration. Both parties explicitly waive any right to initiate, attend, oversee, resolve, or arbitrate any mass action, and neither an arbitrator nor an arbitration provider holds any authority to preside over, arbitrate, or manage any mass action, nor grant relief to anyone other than the individual involved in arbitration—unless specified in Section 2(a)(3)(c) below. The parties also expressly renounce the pursuit, recovery, or acquisition of any relief beyond the individual level. The parties agree that the definition of a "Mass Action" encompasses, among other instances, scenarios where either you or Our Taxi are represented by a law firm or a collection of law firms that has initiated 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on behalf of you or Our Taxi. Additionally, the law firm or collection of law firms seeks to collectively administer and/or arbitrate all the arbitration demands in aggregate. Despite any other provision in this agreement, this Mass Action Waiver doesn't impede your or Our Taxi's participation in a mass settlement of claims.

 

1. Dispute Procedure: Regardless of any conflicting provision in the rules of the arbitration provider, the arbitrator shall have the authority to decide whether the party bringing a claim has initiated a Mass Action in contravention of the Mass Action Waiver. Either party must bring forth such a dispute to the arbitrator or arbitration provider within 15 days of its occurrence. Should this dispute arise before an arbitrator is appointed, the parties consent to the following: (i) the appointment of a panel of three arbitrators exclusively to resolve disputes concerning whether the party initiating a claim has violated the Mass Action Waiver. Each party will select one arbitrator from the arbitration provider’s list to serve as a neutral arbitrator, and these arbitrators will jointly appoint a third neutral arbitrator. If the parties’ arbitrators fail to agree on a third arbitrator, the arbitration provider will designate the third arbitrator; (ii) Our Taxi will cover administrative fees or costs associated with appointing arbitrators under this provision, as well as any expenses not typically incurred in a court proceeding, such as arbitrators' fees and room rental; (iii) the arbitrators will issue a written decision containing factual findings and legal conclusions; and (iv) any further arbitration proceedings or assessment of arbitration-related fees will be put on hold pending the resolution of the parties' dispute by the arbitrators. If the arbitrator or panel of arbitrators determines that you have breached the Mass Action Waiver, the parties will have 30 days from the arbitrator's or panel of arbitrators' decision to opt out of arbitration. You can opt out by sending written notice of your intent to opt out to the arbitration provider and Our Taxi Corp. Attn: Legal Department, 250 Park Ave, 7th floor New York, NY 10177 via USPS Priority Mail or hand delivery. This notice must be personally signed by you, not by any attorney, agent, or representative. Our Taxi can opt out by sending written notice of its intent to opt out to the arbitration provider and to you or your attorney, agent, or representative if you have representation. To clarify, the ability to opt out of arbitration as described in this Section 2(a)(3)(b) is applicable only if the arbitrator or panel of arbitrators determines that you have breached the Mass Action Waiver. Should the parties proceed with arbitration, they agree that arbitrations will be batched according to the terms provided in Section 2(a)(3)(c) below.

 

1. Batching:

 

To expedite the resolution process in the event of a Mass Action without either party opting out of arbitration as detailed in Section 2(a)(3)(b) above, the following protocol will be implemented:

 

Upon request by either party, an arbitrator will be selected according to the regulations of the relevant arbitration provider to act as a special master, designated as the "Special Master." The Special Master will address initial disputes concerning the appropriateness of some or all of the arbitration demands presented in the Mass Action, known as "Mass Arbitration Demands." These disputes might include, but are not restricted to, the following:

 

1. Disputes concerning owed filing fees for the Mass Arbitration Demands, including the validity of fee waivers submitted by claimants.
2. Disputes regarding whether the arbitration provider has adhered to the Arbitration Agreement in processing and managing the Mass Arbitration Demands.
3. Disputes concerning whether the Mass Arbitration Demands meet the prerequisites outlined in Section 2(d) below.
4. Determining whether claimants are barred from pursuing their claims due to a previous settlement agreement, violation of these Terms, or expiration of the statute of limitations.
5. Disputes related to a single claimant being represented by multiple law firms.
6. Disputes regarding the appropriate arbitration provider where the Mass Arbitration Demands were filed.
7. Disputes related to discovery processes shared among all claims.
8. Disputes concerning legal or factual matters shared among all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. Our Taxi shall be responsible for the applicable arbitration provider’s and Special Master’s fees and costs related to the proceedings before the Special Master. A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

1. After the Special Master proceedings conclude and if any of the Mass Arbitration Demands are permitted to proceed, the parties will categorize these demands into batches, with each batch containing no more than 100 demands. These will be grouped first by state of residence and then alphabetically by the last name of the claimant. If there are fewer than 100 demands remaining after this grouping, a final batch will encompass these remaining demands. The parties will inform the arbitration provider of these batches and their compositions within 14 days following the conclusion of the Special Master proceedings.

 

1. Each batch of claims will be treated as one case by the arbitration provider. This means that each case will have one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. Sequential numbers will be randomly assigned to each batch, and the batches will proceed to arbitration one at a time in the order of the random sequential numbers. A distinct arbitrator will be assigned to each batch, and separate administrative and filing fees will be assessed for each batch as it advances to arbitration. Your cooperation in good faith with Our Taxi and the arbitration provider is expected to implement this batch approach to resolution and fees. However, this provision doesn't restrict your right to object if the filing or presentation of multiple arbitration demands by the same law firm or organization violates any terms of this Agreement.

 

1. Additionally, if any Mass Arbitration Demands were initially handled as individual arbitration demands before the commencement of this batching procedure, further proceedings, including the assessment of additional arbitration filing or administration fees for either party, will be governed by the procedures outlined in this Section 2(a)(3)

 

 

1. Delegation Clause: This Arbitration Agreement stipulates that only an arbitrator, not any federal, state, or local court or agency, holds the exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this Agreement. This encompasses any claim asserting that any part of this Arbitration Agreement is void or voidable. Furthermore, an arbitrator is exclusively empowered to address all preliminary issues concerning arbitrability, including issues related to the applicability, unconscionability, or legitimacy of these Terms, as well as any defense raised against arbitration, such as waiver, delay, laches, or estoppel. However, the exclusive authority to resolve disputes arising from or related to the Class Action Waiver and Mass Action Waiver rests with a court of competent jurisdiction, not an arbitrator. This includes claims asserting that any part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable. An exception exists for the determination of whether the party initiating a claim has violated the Mass Action Waiver, which, as previously detailed in Section 2(a)(3)(b), is within the authority of an arbitrator or panel of arbitrators.

 

1.  Application to Third Parties: This Arbitration Agreement holds authority over and extends to encompass any claims involving third parties, such as your spouses, heirs, third-party beneficiaries, and assigns, provided their claims stem from or are connected to your utilization of the Services. If any third-party beneficiary covered by this agreement initiates claims against the involved Parties, those claims will also be subject to the terms and conditions of this Arbitration Agreement.

 

1. Exceptions to Arbitration: Despite the aforementioned, this Arbitration Agreement does not mandate arbitration for the following claims: 
   1. Individual claims brought within the jurisdiction of a small claims court, as long as the case remains within such a court and progresses solely on an individual basis.
   2. Individual claims concerning sexual assault or sexual harassment that occurred in connection with your use of the Services.
   3. Claims seeking injunctive or other equitable relief in a court with appropriate jurisdiction to prevent actual or potential infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

In these particular cases, you have the option to bring and resolve such claims individually in a court that has the appropriate jurisdiction. However, the individual basis stipulation entails that you cannot initiate these claims as part of a class, collective, coordinated, consolidated, mass, and/or representative action against Our Taxi. Specifically, you are precluded from initiating or participating in any form of group, multi-plaintiff, joint action, or class action against Our Taxi, and your action cannot be merged or combined with any other legal proceedings.

 

If you choose to pursue your claims individually and conclude litigation in a court of competent jurisdiction, Our Taxi commits to respect your choice.

 

It's important to note that this agreement to exempt arbitration in these limited cases does not invalidate the enforceability of this Arbitration Agreement concerning any other provisions. This includes, but is not restricted to, the waivers specified in Section 2(a), which remain applicable both in court proceedings and in arbitration. Additionally, this doesn't waive the enforceability of this Arbitration Agreement in any other dispute, claim, or controversy.

1. Rules and Governing Law.

In the event of disputes arising in California, arbitration proceedings will be overseen by ADR Services, Inc. ("ADR") following ADR's Arbitration Rules (the "ADR Rules") applicable at the time of the claim, unless mutually agreed upon otherwise in written form. The ADR Rules can be accessed at www.adrservices.com or by searching for "ADR Arbitration Rules" through search engines like www.google.com or www.bing.com. The arbitration process will involve the assignment of a single arbitrator (referred to as the "Arbitrator") chosen in compliance with the regulations outlined in the ADR Rules.

For disputes occurring outside of California or within California if ADR cannot or declines to administer arbitration, the involved parties must engage in discussions to jointly select an impartial arbitration provider. This designated arbitration provider must operate within the state where the dispute arises. In case of an impasse in selecting an arbitration provider, either party can utilize 9 U.S.C. § 5 to petition a competent court to appoint an arbitration provider operating within the state where the dispute emerged.

Any arbitration provider appointed by a court under 9 U.S.C. § 5 is mandated to conduct arbitration exclusively on an individualized basis, conforming to the specifications detailed in this Section 2. Upon the mutual agreement on a neutral arbitration provider or the court-appointed arbitration provider under 9 U.S.C. § 5, the subsequent arbitration will commence in accordance with the rules prescribed by the designated arbitration provider, except as otherwise specified in this agreement.

Upon finalizing or appointing an arbitration provider, an Arbitrator will be designated. The Arbitrator will either be (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is held, possessing expertise in the law relevant to the dispute. The parties will select the Arbitrator from the roster of arbitrators provided by the relevant arbitration provider. If the parties cannot agree on an Arbitrator despite genuine efforts to reach consensus, the arbitration provider will appoint the Arbitrator in line with its rules and regulations.

Despite any provision concerning choice of law in these Terms, the parties explicitly recognize that this Arbitration Agreement represents a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., will govern the interpretation, enforcement, and proceedings of this Arbitration Agreement. The parties intend to be bound by the FAA provisions for all aspects, encompassing interpretation, implementation, enforcement, and administration of this Agreement. They acknowledge that the FAA and the relevant arbitration provider’s rules will take precedence over state laws to the fullest extent permitted by law.

All statutes of limitations typically applicable will be relevant to any arbitration proceedings. If, for any reason, the FAA and the rules of the applicable arbitration provider do not apply to a particular issue concerning the interpretation or enforcement of this Arbitration Agreement, that specific issue will be resolved according to the laws of the state in which you reside at the time of accepting these Terms.

Furthermore, any dispute, claim, or controversy arising from incidents or accidents resulting in personal injury (including, but not limited to, claims of sexual assault or harassment) associated with your Service usage—regardless of whether they occurred before or after agreeing to these Terms—shall be governed by and construed in compliance with the laws of the state where the incident or accident occurred.

1. Process.

 

The parties recognize that resolving disputes informally through good-faith efforts can lead to timely, cost-effective, and mutually advantageous outcomes. Therefore, before either party initiates arbitration against the other, there's an agreement to personally convene via telephone or video conference for a good-faith attempt to informally resolve any claim covered by this Arbitration Agreement. It's important to note that multiple individuals initiating claims cannot partake in the same informal telephonic dispute resolution conference. If you're represented by legal counsel, they can participate, but your active involvement in the conference is mandatory.

 

The party commencing the claim must formally notify the other party in writing of their intention to conduct an informal dispute resolution conference. This conference should occur within 60 days after the receiving party acknowledges the notice, unless both parties mutually agree on an extension. To inform Our Taxi of your intent to initiate this conference, send a written notice to Our Taxi Corp., Inc., Attn: Legal Department, 250 Park Ave 7th floor, New York, NY 10177 Include your name, the associated telephone number(s) and email address(es) linked to your Our Taxi account, and a description of your claim.

 

Engaging in this informal dispute resolution conference is a necessary prerequisite before starting arbitration. The Arbitrator will dismiss any arbitration demand filed prior to completing this informal resolution conference. During the period when the parties engage in this informal resolution process as mandated in this paragraph, the statute of limitations and any deadlines for filing fees will be paused. 

 

To commence arbitration after completing the informal dispute resolution process outlined in this section, the initiating party is required to deliver a written demand for arbitration to the other party and submit the demand to the appropriate arbitration provider, determined in accordance with Section 2(c).

 

If a party is initiating arbitration against Our Taxi, they must dispatch the written demand for arbitration to Our Taxi Corp., Attn: Legal Department, 250 Park Ave 7th floor, New York, NY 10177 . Alternatively, the Demand can be served on Our Taxi's registered agent for service of process, c/o Our Taxi Corp.

 

Furthermore, a party commencing arbitration against Our Taxi must transmit an electronic copy of the demand for arbitration to the Arbitration Provider. Additionally, an electronic version of the demand as filed must be sent to [specific recipient or address not provided in the input].

 

By affixing their signature to the demand for arbitration, legal counsel certifies, based on a reasonable inquiry under the circumstances and to the best of their knowledge, information, and belief, that:

 

i. The demand for arbitration is not presented for any improper purpose, such as harassment, causing unnecessary delay, or needlessly increasing the cost of dispute resolution.

ii. The claims and legal contentions are substantiated by existing law or by a credible argument for extending, modifying, or establishing new legal principles.

iii. The factual contentions are supported by evidence or, if specified, will likely be supported by evidence following a reasonable opportunity for further investigation or discovery.

 

The Arbitrator is granted authority to provide relief or impose sanctions available under Federal Rule of Civil Procedure 11 or any relevant state law in case of either party's breach of this requirement.

 

1. Location.

Unless there is an alternative agreement between you and Our Taxi, if you reside in the United States, the arbitration will take place in the county of your residence. For those not residing in the United States, the arbitration will be held in the county where the dispute originates. The entitlement to a hearing will be determined by the rules set forth by the relevant arbitration provider. At the discretion of the Arbitrator, there may be a reasonable exchange of information between the involved parties, in line with the expeditious nature of the arbitration proceedings and in compliance with the rules of the applicable arbitration provider.

 

1. Offers of Judgment. 

At least 10 days preceding the scheduled arbitration hearing, either party may present a written offer to the other party, specifying terms for a judgment. Should the offer be accepted, accompanied by proof of acceptance, it will be submitted to the arbitrator for judgment accordingly. In the event the offer is not accepted before the arbitration hearing or within 30 days after its initial submission, whichever happens first, the offer will be considered withdrawn and cannot be presented as evidence during the arbitration. If a party's offer isn't accepted by the opposing party and the latter fails to secure a more favorable award, they will not recover their post-offer costs and will be responsible for the offering party's costs from the moment of the offer onward.

 

1. Arbitrator’s Decision.

The Arbitrator will issue an award within the timeframe outlined in the relevant arbitration provider’s regulations. This arbitration award can be legally enforced by entering it in any court with proper jurisdiction. The Arbitrator holds the authority to grant declaratory or injunctive relief solely in favor of the claimant and only to the extent necessary to provide relief justified by the individual claim. The Arbitrator's decision is conclusive and obligatory for all involved parties.

 

Decisions made in other arbitrations do not bind the Arbitrator, and the Arbitrator's ruling is binding solely on the involved parties in that specific arbitration. The Arbitrator will grant reasonable arbitration costs to the prevailing party in compliance with the laws of the state where the arbitration takes place.

 

1. Fees.

This provision outlines that, apart from the stipulations regarding payment for arbitration costs mentioned earlier, your obligation to cover filing, administrative, and arbitrator fees will strictly adhere to the regulations established by the relevant arbitration provider. These fees will be limited to the amount you'd be obliged to pay if you initiated a claim in court.

 

Should your gross monthly income fall below 300% of the federal poverty guidelines, you have the right to request a waiver for arbitration fees and costs (except for arbitrator fees). If you believe you qualify for a fee waiver and your arbitration claim arises outside of California, you'll need to request the waiver by submitting AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs, or a sworn declaration that contains all the information mandated by AO 240. However, if your arbitration claim arises within California, you must submit a sworn declaration stating your monthly income and the number of individuals in your household.

 

This clause dictates that disputes concerning a party's responsibility to cover arbitration fees or costs, arising after the appointment of an arbitrator, will be exclusively resolved by the arbitrator. In the event such a dispute emerges before an arbitrator has been designated, and if neither party has requested a Special Master as per Section 2(a)(3)(c)(i) of these Terms, the parties agree that...

 

1. This section outlines the process to resolve disputes related to payment of arbitration fees:
2. The due date for any contested fees will be postponed until the resolution of the dispute between the parties.
3. A panel of three arbitrators will be established to settle disputes regarding a party's responsibility for arbitration fees or costs.
4. Each party will select one arbitrator from the arbitration provider's list to serve as neutral arbitrators, and these chosen arbitrators will appoint a third neutral arbitrator. If there's a disagreement on the third arbitrator, the arbitration administrator will make the selection.
5. Our Taxi will cover administrative fees or costs associated with appointing the panel of arbitrators and any expenses that are unique to arbitration proceedings.
6. The arbitrator(s) will provide a written decision that includes findings of fact and conclusions of law. If multiple fee disputes between a claimant and Our Taxi arise simultaneously, these disputes might be combined and resolved by a single arbitrator or panel of arbitrators if agreed upon by the parties or elected by the party common to all disputes.

 

1. Severability and Survival.

i. If any portion of the Arbitration Agreement is found to be unenforceable or unlawful, that specific part will be removed from these Terms.

ii. The removal of the unenforceable or unlawful provision won't impact the rest of the Arbitration Agreement. The remaining parts of the Agreement and the parties' ability to enforce arbitration for any remaining claims on an individual basis will remain unaffected.

iii. In case any claims are required to proceed on a class, collective, consolidated, or representative basis due to the removal of a provision, those specific claims will be litigated in a civil court of competent jurisdiction rather than through arbitration. Litigation of these claims will be paused until the resolution of any individual claims in arbitration.

The Services

This section outlines the scope of services provided:

The Services offered enable users to access and interact with:

Third-Party Services: These are services provided by external service providers, including merchants, retailers, delivery persons, restaurants, and autonomous vehicle fleet providers.

Personalized Content: This includes features, recommendations, and advertisements tailored to individual preferences and needs.

Supporting Services: These encompass various functions such as allowing users to express preferences about the Third-Party Services or Providers, handling payment processing, and providing customer support. Unless specified otherwise in a separate written agreement, these Services are intended for personal, noncommercial use by individuals.

This section delineates the interplay between users and Third-Party Providers within Our Taxi's framework: When a user initiates a request, the platform promptly notifies Third-Party Providers about the available opportunity. However, the decision to provide services squarely lies with the Third-Party Providers, granting them the autonomy to accept or decline user requests. Users retain the discretion to either accept or reject services offered by these providers. Once a request is underway, the ability to reschedule or cancel might be restricted; in cases where rescheduling or canceling is feasible, it could incur fees or non-refundable charges for purchased items. Essentially, this clause clarifies that once the request process commences, both users and providers bear specific responsibilities and face limitations concerning the acceptance, offering, or cancellation of services.

THE SERVICES PROVIDED BY OUR TAXI DO NOT CONSTITUTE A COMMON OR MOTOR CARRIER SERVICE AND DO NOT INVOLVE THE TRANSPORTATION OF USERS OR THEIR GOODS. GENERALLY, THESE SERVICES ARE EXCLUSIVELY ACCESSIBLE TO REGISTERED USERS, NOT THE BROADER PUBLIC. WHILE USERS CAN REQUEST AND, IF APPLICABLE, RECEIVE THIRD-PARTY SERVICES THROUGH THE PLATFORM, THIS ACTION DOESN'T CATEGORIZE OUR TAXI AS A PROVIDER OF ANYTHING BEYOND ITS SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT CONSIDERED ACTUAL, APPARENT, OR OSTENSIBLE AGENTS OR EMPLOYEES OF OUR TAXI IN ANY CAPACITY. ANY EFFORTS, FEATURES, PROCESSES, POLICIES, OR STANDARDS IMPLEMENTED BY OUR TAXI TO FACILITATE THE RECEIPT OF THIRD-PARTY SERVICES OR ENSURE SAFETY AND SECURITY, REGARDLESS OF REGULATORY REQUIREMENTS, DO NOT IMPLY AN EMPLOYMENT OR AGENCY RELATIONSHIP WITH THIRD-PARTY PROVIDERS.

1. Third-Party Services: 

The Our Taxi App offers various Third-Party Services, but some content or services are solely accessible outside the app, referred to as "Out-of-App Experiences." Clicking on links to access these experiences redirects you to different websites or destinations, subjecting you to their distinct terms, conditions, and privacy policies, separate from Our Taxi's. Our Taxi doesn't provide warnings about leaving its Services or entering into the terms of another provider. Using third-party website links and advertisements is at your own risk as they are not governed by Our Taxi and aren't under its control. Our Taxi doesn't endorse these providers and bears no responsibility or liability for any products or services they offer.

Some Third-Party Services available via the Our Taxi App might involve autonomous vehicles (AVs), capable of operating at SAE Levels 3, 4, or 5, as per the J3016 April 2021 SAE International specification. These AVs are managed by Third-Party Providers operating one or more such vehicles, often referred to as "Autonomous Vehicle Fleet Providers." Accessing Third-Party Services provided by AVs may require agreeing to the terms outlined by these Autonomous Vehicle Fleet Providers.

Should a conflict arise between the terms of Third-Party Services and these Terms, these Terms take precedence concerning agreements with Our Taxi and its limitations of liability, as stated in Section 7, apply to the Third-Party Provider. The Arbitration Agreement specified in Section 2 supersedes the terms of Third-Party Services for all purposes, except for claims solely against the Third-Party Provider.

 

1. App Stores.

The functionality of the Services may hinge on the source from which you acquired the Our Taxi App license, such as the Apple iPhone or Android app stores (the "App Store"). Your agreement is directly with Our Taxi, not the App Store, and Our Taxi is accountable for delivering the Services as outlined in these Terms. However, if you obtained the Our Taxi App from the Apple App Store, Apple and its subsidiaries hold the status of third-party beneficiaries to these Terms. By accepting these Terms, you grant Apple the right to enforce them against you as a third-party beneficiary. These Terms reference and include Apple’s Licensed Application End User License Agreement, where you are recognized as the "end-user." Should there be any conflict between the terms of the Licensed Application End User License Agreement and these Terms, these Terms will take precedence.

1. Ownership; License; and Restrictions.

The Services and all associated rights, titles, and intellectual property remain the sole property of Our Taxi or its licensors. These Terms do not constitute a sale and do not confer any rights or ownership to you concerning the Services or any intellectual property belonging to Our Taxi, except for the limited license mentioned earlier.

Subject to your adherence to these Terms, Our Taxi grants you a restricted, non-exclusive, non-transferable, revocable license to:

1. Utilize the Our Taxi App solely in relation to your use of the Services on your personal device; and
2. Access and use any content, information, or related materials provided through the Services, exclusively for your personal, non-commercial purposes. Any rights not expressly granted herein are reserved by Our Taxi and its licensors. You agree not to utilize Our Taxi's copyrights, trademarks, service marks, or trade dress, except incidentally during your use of the Services, without explicit written permission from Our Taxi. This restriction includes usage in domain names, websites, and social media accounts. 

 

You may not: 

You must not engage in the following actions regarding the Services:

1. Removing any copyright, trademark, or other proprietary notices from any part of the Services;
2. Reproducing, modifying, creating derivative works, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, performing, transmitting, streaming, broadcasting, or exploiting the Services unless expressly permitted by Our Taxi. 
3. Decompiling, reverse engineering, or disassembling the Services, except were allowed by applicable law;
4. Linking to, mirroring, or framing any section of the Services;
5. Initiating or executing programs or scripts to overly burden or disrupt the operation or functionality of any part of the Services; or
6. Attempting unauthorized access to or impairment of any part of the Services or its associated systems or networks.

Accessing the Services

1. User Accounts.

To access most features of the Services, you'll need an active personal user account ("Account"). If you've been previously barred from using the Services, you cannot register or maintain an Account. Registering may involve providing personal details like your name, address, mobile number, and age, along with at least one valid payment method supported by Our Taxi. Our Privacy Notice provides further details on how your personal information is used. It's essential to keep your Account information accurate, complete, and current, including a valid phone number, address, and payment method. Generally, you must be at least 18 years old or the age of legal majority in your jurisdiction (if different from 18) to create an Account unless a specific Service allows otherwise. You're allowed only one Account unless Our Taxi explicitly permits otherwise, and you cannot transfer your Account to another person or entity. You're responsible for all activities under your Account and must maintain the security and confidentiality of your Account credentials at all times. 

 

1. Minors.

The Services are generally intended for individuals aged 18 and above, with exceptions outlined below. You are not permitted to let third parties use your Account or allow individuals under 18 to access the Services unless they are accompanied by you or an adult. However, we might offer parents and guardians the option to create Accounts for their children. As a parent or legal guardian, if you permit your child to use the Services, these Terms apply to you, and you're accountable for your child's activities. If you're under 18 and want to use an Account, you need permission from your parent or legal guardian and may need to accept additional terms as a minor. It's important to review these additional terms with your parents or legal guardian.

 

1. Network Access and Devices.

You're responsible for having the necessary data network access for the Services. Using the Services on your device might incur data and messaging charges from your mobile network. You're also responsible for having and updating compatible hardware or devices needed for the Services. Our Taxi doesn't assure that the Services will work on every type of hardware or device. Since the Services operate online, they might experience malfunctions or delays typical of Internet and electronic communication use. Our Taxi isn't liable for any issues arising from such problems, including delays, delivery failures, or any resulting damage, loss, or injury.

User Conduct and Requirements; Communications; and User Content

1. User Conduct and Requirements.

In addition to adhering to these Terms, you commit to abiding by all relevant laws while utilizing the Services, using them solely for lawful purposes (such as refraining from requesting transport of unlawful or hazardous materials). Usage of the Services that causes nuisance, annoyance, inconvenience, or any harm to Our Taxi, the Third-Party Provider, or any other involved party is prohibited. When opting for a ride with a child restraint system, neither Our Taxi nor the Third-Party Provider holds responsibility for the system's safety; it's your responsibility to ensure its correct installation and proper securing of the child. Compliance with state laws regarding height, age, and weight requirements for child restraint systems is crucial, as outlined in Our Taxi's policies available on city-specific web pages. When availing of services with assistance outside the vehicle (e.g., Our Taxi Assist), Our Taxi bears no responsibility for any resulting injury or incident from such aid. You might need to provide age, identity, or other verification upon service use, and refusal may lead to denied access. In certain cases and at the Third-Party Provider's discretion, small animals might be allowed during a ride, but you're accountable for securing them properly and preventing any damage or mess in the provider's vehicle, with potential charges for any resultant damage or mess under Section 6. Service Animals, per Our Taxi's Service Animals and Assistive Devices policy, are usually permitted without extra charge, irrespective of the trip type. To support compliance and insurance obligations, you agree to notify us within 24 hours and provide necessary details concerning any incidents or accidents during your Service use, cooperating with investigations and resolutions.

 

1. Communications with Our Taxi.

 

By registering an Account, you consent to receive communications from Our Taxi, Third-Party Providers, or service providers associated with Our Taxi via email, text, WhatsApp, calls, in-app messages, and push notifications sent to the provided email addresses or phone numbers. These communications might be automated, containing prerecorded messages delivered by Our Taxi or Third-Party Providers, pertaining to requests made through your Account on the Services. Standard message and data rates may apply, and you can find more details about Our Taxi's contact methods in our Privacy Notice.

 

If you prefer not to receive promotional emails, texts, or other communications from Our Taxi, you can adjust your notification settings in your Account's Settings section. To opt out of Our Taxi's text messages, reply "STOP" from your mobile device. It's important to note that messages between you and Third-Party Providers are transactional, not promotional. Be aware that opting out of all communications might affect your Service experience. However, in cases of suspected fraud or unlawful activities linked to your Account, Our Taxi reserves the right to contact you via the information provided, including text or voice-recorded messages.

 

1. Use of Accounts Owned by Others.

 

When utilizing an Our Taxi service that allows usage or billing on behalf of another individual or business, specific data will be shared with that entity. This shared information may encompass details concerning the requested services, such as the time, date, transportation, logistics, delivery specifics, and associated charges. In cases involving transportation requests, we may also share safety-related incident information that occurs during the provided transportation. By engaging with such Our Taxi products or services, you acknowledge and accept that this data sharing is a prerequisite for using these specific Our Taxi offerings.

 

1. User Provided Content; Feedback.

The content you submit to Our Taxi is regulated by Our Taxi's Generated Content Terms, seamlessly included within these Terms through reference. Similarly, any feedback you offer to Our Taxi is governed by Our Taxi's Feedback Policy, also integrated into these Terms through reference.

Payment

1. Prices & Charges.

 

Your utilization of the Services might result in costs incurred for the services or items received from both Our Taxi and Third-Party Providers, collectively termed as "Charges." The prices exhibited while procuring goods through the Services may encompass retail costs from the Third-Party Provider and fees remitted to Our Taxi. Facilitating your payment for the pertinent Charges related to services or goods acquired through the Services is the responsibility of Our Taxi. These Charges will encompass relevant taxes as mandated by law and may also cover various additional fees, including delivery charges, service charges, product return expenses, cancellation fees, government-imposed charges like bag fees, anticipated or actual tolls, and/or surcharges. Additionally, Charges in specific regions might substantially escalate during periods of heightened demand or due to other market-related factors.

 

Regarding Charges incurred through Third-Party Providers, you are directly liable for these Charges to the Third-Party Providers. Our Taxi acts as a limited payment collection agent for the Third-Party Provider and will collect payment from you on their behalf. Payment of these Charges through Our Taxi is considered tantamount to direct payment by you to the Third-Party Provider. The payment for goods or services from a Third-Party Provider is deemed to occur at the moment you submit payment through Our Taxi. You reserve the right to request lower Charges from a Third-Party Provider upon receipt of their services or goods. Similarly, the Third-Party Provider holds the right to request higher Charges for the provided services or goods, especially in cases where the actual goods differ from the initially requested items in terms of quantity, weight, or type. Unless you request lower Charges, you agree to pay the higher or lower Charges linked to such variations in products. Our Taxi will consider any reasonable request from a Third-Party Provider to modify Charges for a particular service or product. This payment mechanism aims to fairly compensate Third-Party Providers for the services or goods obtained through your use of the Services.

 

There might be Charges that you incur which are owed directly to Our Taxi or its affiliates. Notably, accessing the Our Taxi App itself doesn't entail a fee, but there might be charges or fees for accessing Third-Party Services. The displayed prices of products or menu items within the Services may differ from those offered or published by the Third-Party Providers for the same items, even at their physical locations or on other third-party websites or applications. It's important to note that the prices shown through the Services might not necessarily reflect the lowest available prices for these products or menu items. Additionally, the prices displayed or fees charged by Our Taxi could vary depending on whether you opt for order pickup or delivery.

All Charges and payments will be enabled by Our Taxi using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Our Taxi may use another available payment method in your Account.

 

Our Taxi holds the right to set or modify Charges for any services or goods acquired via the Services. While efforts will be made to communicate these Charges, you are responsible for the Charges on your Account, whether or not you're informed about them or their amounts.

 

1. Refunds.

 

Once paid, Charges are typically non-refundable unless otherwise decided by Our Taxi and the relevant Third-Party Provider. Should you need a cancellation, refund, or dispute a Charge, visit the "Help" tab in your Account within 30 days of the Charge, as after this period, Our Taxi won't bear responsibility and you waive the right to dispute the billed amounts later on.

 

1. Promotional Offers.

Occasionally, some users might receive varying charges due to promotional offers or discounts. It's important to note that these promotions won't impact the charges applied to you unless specifically made available to you. Please understand that these offers and discounts can change or be removed without prior notice.

 

1. Gratuity.

Our Taxi doesn't allocate any part of your payment through the Services as a tip or gratuity for Third-Party Providers. You're free to offer additional payment as a gratuity to these providers but aren't obligated to do so when receiving services or goods through the Service.

 

1. Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.

Our Taxi might charge you a fee for damage caused to a vehicle or property during your use of the Services, requiring repair or cleaning. This fee, at Our Taxi's discretion, depends on the damage type and severity. Our Taxi may require proof of damages before processing the fee. If the damage is confirmed, Our Taxi may use your designated payment method to cover the reasonable repair or cleaning cost. These amounts, along with fees related to lost items, are non-refundable and will be transferred to the Third-Party Provider, if applicable. Not complying with these Terms might also make you liable for charges, including those arising from incomplete transactions due to your non-compliance.

Disclaimers; Limitation of Liability; and Indemnity.

Disclaimers.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND OUR TAXI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPLICITLY OUTLINED IN THESE TERMS. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR TAXI MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR ANY SERVICES OR GOODS OBTAINED THROUGH THEM. THERE'S NO ASSURANCE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS.

OUR TAXI DOES NOT ENSURE THE QUALITY, SUITABILITY, SAFETY, OR CAPABILITY OF THIRD-PARTY PROVIDERS. YOU ACCEPT THAT ALL RISKS ASSOCIATED WITH USING THE SERVICES, AS WELL AS ANY SERVICES OR GOODS OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THEM, ARE ENTIRELY YOUR RESPONSIBILITY, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

UNDERSTAND THAT OUR TAXI DOESN'T OVERSEE, CONTROL, OR INSTRUCT THIRD-PARTY PROVIDERS. THESE PROVIDERS ARE NOT ACTUAL, APPARENT, OR OSTENSIBLE AGENTS OR EMPLOYEES OF OUR TAXI. SHOULD A DISPUTE ARISE BETWEEN YOU AND ANY THIRD PARTY, YOU ABSOLVE OUR TAXI FROM ALL KINDS OF LOSSES—REGARDLESS OF WHETHER THEY'RE KNOWN, UNKNOWN, SUSPECTED, OR UNSUSPECTED—RELATED TO OR STEMMING FROM SUCH DISPUTES.

OUR TAXI DOESN'T MANAGE OR ENDORSE ANY USER-GENERATED OR THIRD-PARTY CONTENT FOUND ON OR LINKED TO BY THE SERVICES. OUR TAXI CANNOT GUARANTEE THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

OUR TAXI'S UTILIZATION OF ALGORITHMS, AIMING TO ENHANCE SERVICES AND USER EXPERIENCE WHILE BOLSTERING SECURITY AND SAFETY, DOESN'T IMPLY ANY FORM OF GUARANTEED OR IMPLIED WARRANTY.

Limitation of Liability.

OUR TAXI WON'T BE HELD LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RESULTING FROM THE USE OF THE SERVICES, REGARDLESS OF OUR TAXI'S NEGLIGENCE, EVEN IF WARNED OF SUCH POTENTIAL DAMAGES.

OUR TAXI WON'T BE HELD LIABLE FOR DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES, INCLUDING YOUR INABILITY TO ACCESS OR USE THEM, OR FROM ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A THIRD-PARTY PROVIDER.

 

OUR TAXI WON'T BE HELD RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE DUE TO REASONS BEYOND ITS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SOME THIRD-PARTY PROVIDERS OFFERING TRANSPORTATION SERVICES THROUGH OUR TAXI MAY PROVIDE RIDESHARING OR PEER-TO-PEER TRANSPORTATION WITHOUT PROFESSIONAL LICENSING OR PERMITS. ADDITIONALLY, YOU RECOGNIZE THAT THESE THIRD-PARTY PROVIDERS ARE NOT CONSIDERED OUR TAXI'S OSTENSIBLE, APPARENT, OR ACTUAL AGENTS, OR EMPLOYEES.

YOU ACKNOWLEDGE THAT WHILE THE SERVICES ALLOW YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, OUR TAXI BEARS NO RESPONSIBILITY OR LIABILITY TO YOU CONCERNING THESE SERVICES, EXCEPT AS EXPLICITLY OUTLINED IN THESE TERMS.

OUR TAXI IS NOT RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, OR LOSSES RESULTING FROM THE ABSENCE OR INCORRECT USE OF CHILD RESTRAINT SYSTEMS FOR PASSENGERS WHO LEGALLY REQUIRE THEM DURING RIDES REQUESTED THROUGH THE SERVICES.

THAT PROVISION ENSURES THAT LIMITATIONS AND DISCLAIMERS DON'T SEEK TO RESTRICT LIABILITY OR MODIFY YOUR RIGHTS AS A CONSUMER PROTECTED UNDER APPLICABLE LAW. IN STATES OR JURISDICTIONS WHERE EXCLUDING OR LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ISN'T ALLOWED, OUR TAXI'S LIABILITY WILL BE RESTRICTED TO THE EXTENT PERMITTED BY LAW. THIS CLAUSE DOESN'T AFFECT THE CHOICE OF LAW PROVISION DETAILED BELOW BY OUR TAXI.

Indemnity.

This clause outlines that you're responsible for indemnifying and safeguarding Our Taxi, its affiliates, officers, directors, employees, and agents from any actions, claims, losses, liabilities, expenses, and damages (including legal fees) arising from: (i) your use of the Services or goods obtained through them; (ii) any breach of these Terms; (iii) Our Taxi's use of your User Content; or (iv) any infringement of third-party rights, including those of Third-Party Providers.

Other Provisions

1. Choice of Law.

 

This section indicates that the Terms will be governed and interpreted according to the laws of the state where your dispute arises. It also clarifies that the choice of law applies specifically to the interpretation of these Terms and doesn't broadly extend the laws of a particular state unless your dispute originates from that state.

 

This provision specifies that any disputes, claims, or controversies related to personal injury incidents, including claims of sexual assault or harassment, arising from the use of the Services, whether before or after agreeing to the Terms, will be governed by the laws of the state where the incident or accident occurred.

 

1. Choice of Forum.

 

This provision states that any disputes or claims relating to the Terms, including their existence, breach, termination, enforcement, interpretation, or validity, will be exclusively addressed in the state and federal courts of the state where the dispute or claim originated. This takes precedence over other courts' jurisdiction, except when specified differently in the Arbitration Agreement or Supplemental Terms relevant to your region.

 

This paragraph specifies that disputes or claims regarding incidents leading to personal injury, such as sexual assault or harassment claims related to your use of the Services, regardless of when they occurred concerning these Terms, should be addressed exclusively in state or federal courts within the state where the incident happened. This applies even if other courts might have jurisdiction over the parties involved, except when specified differently in the Arbitration Agreement in Section 2 or in relevant Supplemental Terms, as permitted by law.

 

This statement clarifies that the previously mentioned Choice of Law and Choice of Forum sections don't affect the Arbitration Agreement outlined in Section 2. Instead, it directs you to review Section 2 for the specific provisions regarding disputes covered by the Arbitration Agreement.

 

1. Claims of Copyright and Trademark Infringement.

Claims related to copyright and trademark infringement should be directed to Our Taxi's appointed agent. For specific details and the designated address, please refer to Our Taxi's Copyright Policy or Trademark Policy, which will provide additional information regarding these matters.

 

1. Notice.

This section outlines how Our Taxi may provide notice to you and how you can provide notice to Our Taxi. Notices from Our Taxi may be issued through various means, such as a general notice on the Services, via email, telephone, text message, or written communication sent by mail to the address linked to your Account. These notices are considered delivered within 48 hours of mailing or posting for physical mail or immediately upon sending for electronic means. However, modifications to these Terms become effective upon posting an updated version on Our Taxi’s website or through the Services. If you need to notify Our Taxi, you can do so by mailing a letter to the registered agent for service of process, c/o Our Taxi Corp., Inc. Specific notice provisions outlined in these Terms take precedence in case of any conflicts or inconsistencies with this notice provision.

 

1. General: 

This section specifies the terms related to assignment, relationships, and the invalidity of provisions within the Terms. You cannot assign these Terms without prior written approval from Our Taxi, whereas Our Taxi can assign these Terms without your consent to specific entities like subsidiaries, acquirers, or successors. Any attempt by you to assign in violation of this clause is deemed void. These Terms do not establish a joint venture, partnership, employment, or agency relationship between you, Our Taxi, Third-Party Providers, or Out-of-App Experience Providers. If any provision within these Terms is found invalid or unenforceable, it will be removed, and the remaining provisions will be enforced to the fullest extent allowed by law. Our Taxi's failure to enforce any right or provision doesn't waive that right or provision unless acknowledged and agreed upon in writing by Our Taxi. This clause doesn’t affect the Severability and Survivability section within the Arbitration Agreement of these Terms.