Terms of Service
Welcome to WTC Chauffeur® an on-demand and future reservations service of On Demand World Traveller Co. LLC. ("WTC Chauffeur ", "we", or "us"). These Terms of Service ("Agreement") describes the terms and conditions that govern the use of our services and serve as a legal contract between WTC Chauffeur and you, a registered user ("You"). WTC Chauffeur Services will provide you access to our website (the "Site"), web widgets, mobile device software applications, apps and other programs (the "Software"), as well as lead generation, marketplace, booking and billing services including notifications, and applications for third-party websites (individually or collectively, the "Service" or "Services"). Unless explicitly stated otherwise, any new feature provided by WTC Chauffeur that augments or enhances the current Services shall also constitute Services and shall be subject to these terms and conditions. By accessing or using the Site, Software or the Services, You become a user of all or some of the Services (a "User"), and You agree that You have read, understood, and agree to comply with and be bound by the terms of this Agreement. We reserve the right to modify this Agreement and any terms or policies relating to the Site, Software or the Services at any time, effective upon posting of an updated version of this Agreement on the Site. If we substantively amend this Agreement, we will give You at least five (5) days notice before the changes take effect, during which period of time You may reject the changes by terminating Your Account. You are responsible for regularly reviewing these terms. By using the Services You agree that the posting of terms and conditions on the Site constitutes adequate and constructive notice to You of these terms and any and all revisions and changes. Continued use of the Services after any such changes have gone into effect shall constitute Your consent to such changes. Please read these terms carefully before participating in the Service. By clicking the 'I Agree' button below, You signify Your consent to this Agreement. If You do not agree, do not proceed to create an account (an “Account”). If You already have an Account and You click on the ‘I Decline’ button, your Account will be disabled..
If you are an Affiliate, an Enterprise or a Hotel, then the terms and conditions of your written agreement with WTC Chauffeur governs your use of the Services in addition to these terms.
If you are a Driver, then you agree to abide by the current “Driver Requirements” set forth on our website as they may be amended from time to time.
Warning: If You click the ‘I Agree’ button below without having read all or part of this Agreement, you still will be deemed to have accepted all of its terms.
Description of Service
WTC Chauffeur gives You access to an on demand and future reservations service, ordered either “in the moment” or “scheduled for the future,” this is done through a mobile application that allows riders to book and pay for the service. WTC Chauffeur is only a booking and payment service and does not perform the underlying transportation services, those services are provided by independent third party contractors.
Representations and Warranties
You affirm, represent and warrant that, in addition to the other representations and warranties in this Agreement:
- You are at least 18 years of age and are fully able and competent to enter into a binding Contract such as this Agreement, and You are not in current suspension from the Service. You may not use the Service if you are under 18, unable to legally contract or suspended from the Service.
- Any content posted to the Service, including but not limited to feedback, comments, reviews, questions, and other information by You ("User Content") will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, rights of privacy, or rights of publicity.
- All User Content and other information that You provide to us is and will continue to be truthful and accurate.
- That if a booking agent is used relating to the services you have granted full authority to that agent to create an account, make reservations on your behalf and agree that you are financially responsible for all fees relating to their actions (reservations or cancellations) or failures to act (failure to cancel).
License to Use the Service
Subject to the terms and conditions of this Agreement, we hereby grant You a non-exclusive, limited, non-transferable, revocable, non-assignable, non-sublicensable, license to use the Service. WTC Chauffeur reserves all rights not expressly granted herein in the Service. WTC Chauffeur does not warrant that the WTC Chauffeur Service will be compatible with Your mobile phone, computer device or any internet browser.
You may not, nor allow any third party to, (i) modify, disassemble, decompile or reverse engineer the WTC Chauffeur Software and/or Service; (ii) rent, lease, loan, sell or resell, sublicense, distribute, disclose, lend, transfer or otherwise convey the WTC Chauffeur Software and/or Service to any third party or use the WTC Chauffeur Software to provide booking services or similar services for any third party; (iii) make any copies of the WTC Chauffeur Software and/or Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the WTC Chauffeur Software and/or Service, features that prevent or restrict use or copying of any content accessible through the WTC Chauffeur Software and/or Service, or features that enforce limitations on use of the WTC Chauffeur Software and/or Service; or (v) delete the copyright or other proprietary rights notices on the WTC Chauffeur Software and/or Service.
The WTC Chauffeur Content and all Intellectual Property Rights, rights of publicity and rights of privacy related thereto, are the exclusive property of WTC Chauffeur and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or to the Site, Service, or WTC Chauffeur Content, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WTC Chauffeur Content, or other materials or content accessible on the Service. Use of WTC Chauffeur Content or materials constitutive of the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You acknowledge that WTC Chauffeur may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that You are using. You hereby consent to such upgrades, and agree that the terms and conditions of this Agreement will apply to all such upgrades immediately upon implementation.
The foregoing license grant is not a sale of the WTC Chauffeur Software and/or Service or any copy thereof, and WTC Chauffeur retains all rights, titles, and interests in the Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. WTC Chauffeur reserves all rights not expressly granted under this Agreement.
The Software originates in the United States, and is subject to United States laws and regulations. You agree to comply with all United States laws related to use of the WTC Chauffeur Software and the WTC Chauffeur Service as well as the laws of the jurisdiction (state or foreign country) where services are performed.
Availability of Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. WTC Chauffeur assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. WTC Chauffeur is not responsible for any technical malfunction or other problems of any telephone or satellite network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service.
Under certain conditions, You may submit comments or ideas about the Service, including, without limitation, how to improve the Services or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place WTC Chauffeur under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission or Ideas, WTC Chauffeur does not waive any rights to use similar or related ideas previously known to WTC Chauffeur, or developed by its employees, or obtained from sources other than You.
WTC Chauffeur Accounts
In order to use the enhanced features of the Service, You will need to register for an WTC Chauffeur account (“Account”). Your Account gives You access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. Your Account is for Your use only. You may not share the ridership privileges of your Account with any other person. You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify WTC Chauffeur immediately of any breach of security or unauthorized use of Your Account. You agree that WTC Chauffeur will not be liable for any losses caused by any unauthorized use of Your Account or any information provided therein.
You may control Your Account profile and how You interact with the Service by changing the options in Your Account settings page. By providing WTC Chauffeur Your proposed pickup and drop-off points, You hereby consent to our using such addresses to plan routes to provide to transportation providers. By providing WTC Chauffeur Your e-mail address, You hereby consent to our using Your e-mail address, in lieu of communication by postal mail, to send You Service-related e-mail, including any notices required by law. By providing WTC Chauffeur Your mobile phone number and by not opting out of phone-based notifications, You hereby consent to our using Your mobile phone number to send You Service-related SMS messages, which may be subject to fees and costs charged by Your cell phone service provider. We may also use Your e-mail address and/or mobile phone number to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive such messages, You may opt out or change Your preferences in Your settings page. Opting out may prevent You from receiving important messages regarding Service, delays, capacity information, or offers.
Fees; Billing; Payments and Refunds
You agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of the Service as described on the WTC Chauffeur website, and in any agreement you have with WTC Chauffeur. All fees are payable in U.S. dollars unless noted otherwise.
WTC Chauffeur may add new services for additional fees and charges, or amend fees and charges for the Services, at any time in its sole discretion. All fees and charges for Your use of the Service are non-refundable. In our sole discretion, we may require You to make deposits or advance payments for the Service, which we will credit against Your ridership. You are responsible for paying all charges for or resulting from Service provided under this Agreement. If you request special services when making a booking you understand that additional fees will apply.
Prohibited User Behaviors
You acknowledge and agree that You are solely responsible for Your interactions with WTC Chauffeur and You hereby agree that You will not use the Service in a manner that is prohibited by any applicable law, rule or regulation. You agree that you are responsible for your actions in the vehicle and any damage or cleaning fees that may result will be charged to you account as determined by WTC Chauffeur. You hereby agree that during Your use of the Site or Software, You will not engage, nor allow a third party to engage, in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping;”
- using any automated system, including without limitation "robots,” "spiders,” "offline readers,” or similar methods to access the Service in a manner that sends more request messages to the WTC Chauffeur servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited email via the Service;
- attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any User personally identifiable information, including user names, or the private information of any entity User through the Service;
- using the Service to transmit, distribute, post, or submit any personally identifiable or private information of any User;
- using the Service for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
- registering for more than one User Account on your own behalf or registering for a User Account on behalf of an individual other than Yourself or an entity You represent without authorization. If You violate the terms of this section You shall be subject, in our sole discretion, to immediate termination from the Service. You hereby agree to be courteous and respectful to and of other WTC Chauffeur riders. You acknowledge and agree that the behavior of You and Your guests during services obtained through WTC Chauffeur shall be bound by all of the applicable service provider’s rules and that You will refrain from engaging in any prohibited behaviors.
You hereby further agree that You shall not act in ways
- that are defamatory, abusive, obscene, profane, offensive, threatening, harassing, sexually or racially offensive, or illegal;
- that risk physical harm or cause emotional distress, death, disability, disfigurement to any other person, or to any animal;
- that may create a risk of loss or damage to any person or property;
- violate any applicable laws or regulations; or
- may infringe the rights of any person or entity, including without limitation, their Intellectual Property Rights, rights of privacy, or rights of publicity.
You hereby acknowledge that, if You engage in any behaviors prohibited under this section, You shall be subject, in our sole discretion, to immediate termination from the Service. You furthermore agree to execute any documents or agreements as may be reasonably requested by any transportation provider with whom WTC Chauffeur has contracted to provide You ridership.
Some areas of the Service may allow Users to post feedback, comments, reviews, questions, and other information. You are solely responsible for Your User Content that You upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and You agree that we are only acting as a passive conduit for Your online distribution and publication of Your User Content. You hereby acknowledge and agree that WTC Chauffeur does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical, or mental illness to You, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personal information, or otherwise; (iv) may constitute or contribute to a crime or tort;
- contains any information or content that we, in our sole discretion, deem to be unlawful, harmful, abusive, sexually, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that You know is not correct and current.
You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity, and rights of privacy. WTC Chauffeur reserves the right, but is not obligated, to reject and/or remove any User Content that WTC Chauffeur believes, in its sole discretion, violates these provisions. Although WTC Chauffeur provides rules for User conduct and postings, WTC Chauffeur does not control and is not responsible for what Users post, transmit or share on the site and is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content You may encounter on the site or in connection with the Service. WTC Chauffeur is not responsible for the conduct, whether online or offline, of any User of the Service.
It is possible for others to obtain personal information about You due to Your use of the Service, and the possibility that the recipient may use such information to harass or injure You. WTC Chauffeur is not responsible for the use of any personal information that You disclose on the Site or on WTC Chauffeur -organized transportation through Your use of the Service. You are solely responsible for Your interactions with other users. Please carefully review the type of information that You post through the Service or release to others. WTC Chauffeur disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users or "hackers").
License to Your User Content
Online Content Disclaimer
We cannot verify or guarantee the accuracy of the information Users provide us, and we do not control the information provided by other Users that is made available through our Service. We make no attempt to confirm, and do not confirm, any User's purported identity. You are responsible for determining the identity and suitability of others whom You may contact by means of this Service. We do not endorse any persons who use or register for our Services. We do not investigate any User's reputation, conduct, morality, or criminal background, and we do not verify the information that any User submits via the Service. Any opinion, advice, statement, offer, or other information or content made available through the Service, but not directly by us, belongs to its author, and WTC Chauffeur makes no representation as to its reliability. All authors, including WTC Chauffeur partners, are solely responsible for their own content. We reserve the right, but we have no obligation, to monitor the materials and/or User Content posted in the public areas of the Service. Notwithstanding this right, the authors of such materials and/or User Content shall remain solely responsible for materials and/or User Content, and WTC Chauffeur shall bear no responsibility with regard to such materials and/or User Content.
We do not guarantee the accuracy, completeness, or usefulness of any information, including but not limited to User Content, on the Service. Nor do we adopt or endorse, or claim responsibility for the accuracy, reliability, or quality of any opinion, advice, or statement made by parties other than us. WTC Chauffeur takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts to or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your use of the Service, is solely Your responsibility. We are not responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to participants. WTC Chauffeur is not responsible for any public display or misuse of Your User Content. You hereby understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You hereby agree that WTC Chauffeur shall not be liable for any damages You allege to incur as a result of such User Content. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate the law or this Agreement or which might be offensive, illegal, or violate the rights, harm, or threaten the safety of users or others. E-mails or messages sent between or among You and other Users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
Term and Termination
This Agreement is effective upon use of the Services, or if there is an update to a Member’s Agreement, this Agreement is effective five (5) days after the posting of the updated Agreement on the Site. You may terminate Your participation in the Service at any time and for any reason by following the Termination instructions on Your Account page, or within thirty (30) days of our receipt of Your written notice of termination delivered by mail or e-mail. Notices of Termination must be delivered to WTC Chauffeur via email to email@example.com on or by mail to: WTC Chauffeur Riyadh, Saudi Arabia. Notices of Termination must include Your user name, e-mail address, and home address. If we terminate Your participation, we will send You prompt written or e-mail notice pursuant to the Notification Procedures section herein. All terms of this Agreement shall survive the termination of Your participation in the Service and termination of Your WTC Chauffeur Account. Furthermore, we maintain the right, in our sole discretion, to bar Your use of the Service in the future, for any or no reason. WTC Chauffeur permanently or temporarily may terminate, suspend, or otherwise refuse to permit Your access to the Service without advance notice and without liability for no reason or for any reason including if, in WTC Chauffeur sole discretion, we determine that You have violated any provision of this Agreement. All aspects of the Service are subject to change or elimination at our sole discretion. WTC Chauffeur reserves the right to interrupt the Service with or without prior notice for any reason or for no reason. You agree that WTC Chauffeur will not be liable to You for any change, elimination, delay, failure to perform, or interruption of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WTC Chauffeur, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WTC Chauffeur , ANY OF OUR PARTNERS, OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WTC CHAUFFEUR, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THESE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WTC CHAUFFEUR , ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OF PROGRAMS OR DATA, FOR DELETION OF DATA, CORRUPTION OF DATA, OR DAMAGE OF DATA INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN USERS IN ANY WAY. CONSEQUENTLY, WTC CHAUFFEUR, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, SUPPLIERS, CUSTOMERS, PARTNERS, ITS LICENSEES OR LICENSORS OR PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS INTRODUCED TO YOU VIA THE SERVICE AND ANY EMOTIONAL DISTRESS AND DISCOMFORT OR PHYSICAL DAMAGES, INCLUDING BODILY INJURY, HARASSMENT, OR DEATH RELATED THERETO. THE ABOVE LIMITATIONS OF LIABILITY APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WTC CHAUFFEUR OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION DOES NOT APPLY, YOU AGREE THAT OUR LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO $500 IN LIQUIDATED DAMAGES FOR EACH BREACH OF THIS AGREEMENT UP TO, BUT NOT EXCEEDING, $2,500.00 PER USER PER YEAR.
Security and Safety
We have implemented commercially reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information or that of Your entity or enterprise at Your own risk. As part of the registration process, You will select a user name and password or grant WTC Chauffeur access to your profile information in social-network applications such as Facebook or LinkedIn. You are solely responsible for the confidentiality and use of Your user name and password. You must log off from Your Account at the end of each session on our Site and notify us immediately of any unauthorized Use of Your user name and password or any other breach of security. We have implemented commercially reasonable technical and organizational measures designed to ensure that only professional, reliable, safe partner organizations are providing services to WTC Chauffeur users. However, we cannot control such organizations' actions, and you hereby acknowledge and agree that we cannot be held liable for the results of such third-party actions.
WTC Chauffeur requires its partners to carry the minimum amount of commercial auto liability coverage required by law. In the event that a Ride that you participate in results in a claim covered by the insurance of its partners, WTC Chauffeur will make reasonable efforts to assist you in submitting a claim. WTC Chauffeur does not guarantee the results of any claim submitted.
You agree to defend, indemnify and hold harmless WTC Chauffeur and its subsidiaries, agents, licensors, licensees, managers, employees, contractors, agents, officers and directors, business partners and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) use of and access to the Service by You and Your guests including, but not limited to, any data or content transmitted or received by You or any behavior engaged in by You or Your guests while using the Service; (ii) Your violation of any third-party right including, without limitation, any rights of privacy, rights of publicity or Intellectual Property Rights; (iii) violation of any law, rule or regulation of any applicable jurisdiction by You or Your guests; (iv) any claims or damages that may arise as a result of any of Your User Content or any information that is submitted via Your Account; (v) any other party's access and use of the Service with Your unique user name, password or other appropriate security code; or (vi) the negligence or willful misconduct of You or Your guests while using the Service. We agree to promptly notify You of any claim subject to indemnification; provided that our failure to promptly notify You shall not affect Your obligations hereunder except to the extent that our failure to promptly notify You delays or prejudices Your ability to defend the claim. You will have the right to defend against any such claim with counsel of Your own choosing (subject to our written approval) and to settle such claim as You deem appropriate, provided that You shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim at our own expense.
This Agreement shall be governed by the internal substantive laws of Saudi Arabia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between You and WTC Chauffeur that arises in whole or in part from the Service shall be decided exclusively by the jurisdiction of such committee for the purpose of final determination of any dispute arising there under the Kingdom of Saudi Arabia courts.
THE SERVICE IS CONTROLLED AND OPERATED FROM ITS FACILITIES IN RIYADH, SAUDI ARABIA. WTC CHAUFFEUR MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS.
Intellectual Property Disputes.
Notwithstanding anything to the contrary, we may seek injunctive or other relief in any federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party's intellectual property and/or proprietary rights. Any dispute hereunder shall be adjudicated in jurisdiction of such committee for the purpose of final determination of any dispute arising there under the Kingdom of Saudi Arabia courts, and You consent to exclusive jurisdiction and venue in such courts. You further acknowledge that our Intellectual Property Rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
The prevailing party in any action brought under this Agreement shall be entitled to reasonable attorney's fees and costs.
You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of Your User Content.
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between You and us (or any of our affiliates).
Actions by Third Parties.
If You authorize, assist, encourage or facilitate another person or entity to take any action in violation of this Agreement, You shall be deemed to have taken the action Yourself.
WTC Chauffeur may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via e-mail notice, SMS, mobile application notification, hard copy notice, or through conspicuous posting of such notice on our website, as determined by WTC Chauffeur in our sole discretion. WTC Chauffeur reserves the right to determine the form and means of providing notifications to our Users, provided that You may opt out of certain means of notification as described in this Agreement. WTC Chauffeur is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the e-mail address you provide us.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by WTC Chauffeur without restriction.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WTC Chauffeur failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by WTC Chauffeur via the Service, shall constitute the entire agreement between You and WTC Chauffeur concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.