EZcarRide TERMS AND CONDITIONS OF USE

Last Updated: September 29, 2020

OVERVIEW OF THESE TERMS

These Terms and Conditions of Use (these “Terms“) govern your download, access, and use of the EZcarRide Mobile Application (the “App“) and the social networking and chatting services provided through it (the “Services“). These Terms will also apply to you when you access our services that are associated with the App.

The App and our Services are provided EZcarRide INC. (hereinafter as “EZcarRide” or “we” or “us” or “our“). Under these Terms, the words “you” or “your” or “user” refers to anyone using the App, Site, and our Services.

Using the App, you hereby consent to be bound by these Terms and the provisions available through it. When you opt-in to register as a user on the App or the Site, the link to these Terms and other agreements and policies established by us will be provided for your reference. You must read it and consent to it. If you do not agree to the provisions described in these Terms, you do not have our permission to use or access the App and our Services.

ACCESS TO THE APP

Your access to and use of this App (collectively the “App”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing our website and App, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and EZcarRide App are superseded and of no force or effect.

LEGAL AGREEMENT

 

This is a legally binding agreement between EZcarRide and you, for the provision of the services requested, and these terms shall govern the Agreement between you and us to the ruling out of any other terms or conditions. You agree to abide by these terms of use as laid out in this Agreement and any other terms of use as modified by us from time to time at our full discretion. We reserve the right to refuse services to anyone for whatsoever reason and to terminate the contracts at any time. We may also, at our sole discretion and for any reason, delete any information posted by users.

ELIGIBILITY

 

The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.

REGISTRATION AND ACCOUNT

You are required to register an account with us in order to use our Services. With respect to any registration, we may refuse to permit you to register under a specific username or email address for any reason, at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Services. You agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occur in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account on such Services has occurred, you agree to immediately notify us by emailing us at ezcarride@gmail.com. We shall not be liable for any loss or damage arising from your failure to comply with any of these obligations.

SERVICE FEES

When you book(hire) a ride via our App, you agree to pay the corresponding service charge (“Service fees”). You agree to pay such amount to Us and authorize EZcarRide to charge such amount to a payment card associated with your account. Visit our Service page for details about all fees and pricing.

LICENSE GRANT

Upon your compliance with this Terms, EZcarRide grants you a limited license to access, download, and use the EZcarRide App and Site, and any EZcarRide Content for your personal, non-commercial use. We reserve all rights not expressly granted herein.

ADVERTISEMENT

We may, from time to time, display ads on our mobile App as a form of monetizing our platform. These advertisements, offers, and promotions may be personalized and targeted based on, among other things, your usage of the Service. By using our services, you agree that we are not responsible for the content or any activity on the third-party website or App. You acknowledge that additional terms and conditions may apply to your use or acceptance of these advertisements, offers, and promotions.

MOBILE APPLICATION LICENSE

Use License

By accessing EZcarRide via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, Service, or Software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

APPLE AND ANDROID DEVICES

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Mobile App:

  1. The license granted to you for our mobile application is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of Service.
  2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable Law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable Law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  4. You must comply with applicable third-party terms of Agreement when using the mobile application,

  5. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

TRADEMARKS

Our trademarks, service marks, and logos used and displayed on the Services are our registered and unregistered trademarks or service marks. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and collectively with our Trademarks, the “Trademarks”). Nothing on the Services or in these Terms or any Additional Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage us or any third-party owner, any of our products or services, or any other applicable third-parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. We reserve all rights not expressly granted herein.

DISCLAIMER OF WARRANTIES

WE AND/OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR

THAT THE SERVICES ARE FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM OR THIRD PARTY APPLICATION.

THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.

YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK AND THAT THE SERVICES AND CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SERVICES OR CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL

AMOUNT, IF ANY, PAID BY YOU US TO ACCESS AND USE THE APPLICABLE SERVICES.

THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TRANSPORTATION DISPUTES

Any disputes or complaints regarding any transportation services must be directed to the Taxi owner, dispatcher, manager, driver, or operator providing such services (“Transportation Dispute”). We will not be a party to any complaints, negotiations, litigation, or other disputes between you and such third-party Taxi owners/dispatchers/managers/drivers/operators regarding any Transportation Dispute. You agree to release the EZcarRide Indemnities from and against any and all Losses arising out of a Transportation Dispute. Further, you agree that you will not involve any EZcarRide Indemnities in any litigation or other dispute arising out of or related to any services, arrangement, or other Agreement with a Taxi owner, dispatcher, manager, driver or operator, or other third parties in connection with the Service, including, without limitation, any Transportation Dispute. If in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the EZcarRide Indemnities in connection therewith.

USE OF FEEDBACK

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (collectively, “Feedback “) through the Service (including, without limitation, via any Channel), without further compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, and creating, modifying or improving the Service. Furthermore, by submitting any Feedback to Us, or in responding to questionnaires, you grant Us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, Software, or technology of any kind now existing or developed in the future.

TRANSPORTATION DISPUTES

Any disputes or complaints regarding any transportation services must be directed to the Taxi owner, dispatcher, manager, driver, or operator providing such services (“Transportation Dispute”). We will not be a party to any complaints, negotiations, litigation, or other disputes between you and such third-party Taxi owners/dispatchers/managers/drivers/operators regarding any Transportation Dispute. You agree to release the EZcarRide Indemnities from and against any and all Losses arising out of a Transportation Dispute. Further, you agree that you will not involve any EZcarRide Indemnities in any litigation or other dispute arising out of or related to any services, arrangement, or other Agreement with a Taxi owner, dispatcher, manager, driver or operator, or other third parties in connection with the Service, including, without limitation, any Transportation Dispute. If in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the EZcarRide Indemnities in connection therewith.

TERMINATION

You can terminate these Terms of Service by closing your account at any time. We reserve the right to terminate or restrict your use of the Service, without notice,

for any or no reason whatsoever. EZcarRide can also terminate or suspend the Service and/or your access to the Service and/or your Account if you, as determined by Us in its sole discretion, (i) have breached any terms of these Terms of Service, (ii) pose an unacceptable fraud risk, (iii) provide Us with any false, incomplete or misleading information or engage in any fraud or illegal conduct, or (iv) for any other reason that EZcarRide determines violates Applicable Laws or Our policies.

Upon any termination, the license granted hereunder shall terminate, and you shall immediately destroy any copies of the Software in your possession. Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms of Service will survive any termination of these Terms of Service or your use of the Service and remain in effect thereafter in accordance with their terms, including, without limitation, this Section (Effect of Termination) and those Sections entitled (i) Disclaimer of Warranties; (ii) Service Fees; (iii) Limitation of Liabilities; (iv) Indemnification; (v) Governing Law; ai) Privacy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with all reasonable requests to assist the Company Parties in defense of such matters.

GOVERNING LAW

The USA law governs these Terms. Use of our website and App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.

PRIVACY POLICY

EZcarRide cares about your privacy. Our Privacy Policy governs any information we collect from you regarding your use of the Services. By submitting information to us and using the Services, you consent to how we process your information as described in our Privacy Policy. If you do not agree to our Privacy Policy, you may not use the Services.

MODIFICATIONS TO THESE TERMS

EZcarRide reserves the right to update or modify these Terms and Conditions, Privacy Policy, and or the Site at any time without prior notice to you. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this App still binds you to the EZcarRide Terms and Conditions.

Your use of Our services via this Site and App, whether as a guest or registered User, shall constitute your unconditional Agreement to follow and be bound by the terms of this Agreement (hereby “Terms”). You are expected to check this page each time you access this Site, so you know any changes, as this is a legal agreement, and they are binding on you. Do not use this App if you do not accept and agree to these Terms and Conditions.

CONTACT

If you have questions or concerns about these terms or the Service, please contact us through our contact page, our email us at ezcarride@gmail.com

About The EZcarRide Inc

EZcarRide Inc., founded in 2020, is a car ride service provider operating from Grand Prairie, Texas to all states of America. We provide drivers with a friendly platform to share their vehicles with other people and get paid in return.

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