Terms Of Use
PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS. IT DOES CONTAIN IMPORTANT INFORMATION ABOUT
USING SERVICES PROVIDED BY WHEELSLIST.COM
This User
Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself")
and Amirah INC. ("Wheelslist," "Wheelslist.com," "We," "Us" or "Our"). This Agreement
describes the terms and conditions that will govern your use and participation of
the services available under the domain and sub-domains of www.wheelslists.com (the
"Site").
Wheelslist.com is an online service that connects users who seek transportation
("Passengers") to users who will driving to that destination ("Drivers"). Wheelslist.com
is owned and operated by Amirah Inc. In addition to this online service, Wheelslist.com
also provides an escrow service for the collection of fees paid to Drivers by the
passengers. (For purposes of this Agreement these services shall collectively be
defined as the "Services").
If you are registering for this site, Please read this Agreement carefully. You
must read, agree with and accept all of the terms and conditions contained in this
User Agreement, which includes those terms and conditions expressly set out below
and those incorporated by reference, before you can use any of the services provided
through the Site. By registering for any of the Services, you become a User of all
Services available on the Site and you agree to be bound by the terms and conditions
of this Agreement.
IF YOU DO
NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT
USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE.
We reserve
the right, at our sole discretion, to amend or modify this terms and conditions
at any time without further notice, by posting the most recent version on the Site
and by indicating the effective date of the latest revision of the terms and conditions
at the beginning of this page. You are responsible for regularly reviewing this
terms and conditions, as amended from time to time. By accessing the site and the
services, you agree to the terms, conditions, and notices of this terms and conditions,
as so amended and modified.
1.
ELIGIBILITY FOR USE OF SITE AND SERVICES:
This Site is intended solely for use by individual users who have attained the age
of majority (the "Legal Age") to form a legally binding contract in the applicable
jurisdiction(s). Our services are not available to children (persons under the age
of 18) or to temporarily or indefinitely terminated Participants. By using the Site
or the Services, You represent and warrant that you have the right, authority and
capacity to enter into this Agreement and to abide by the terms and conditions of
this Agreement. Your participation of the Service is for Your sole, personal use.
2.
REGISTRATION AND FEES: You must register to access the services on Wheelslist.com
and shall not register for more than one user account. You also accept that you
will not register on behalf of another user. There is no charge for registration
on Wheelslist.com. If and when Rider signs up for a ride posted by the Driver, the
Rider shall pay to the Driver the costs specified by the Driver for transportation
services rendered (the "Driver's Fee"). Wheelslist.com on behalf of the Driver holds
this money in an escrow account until the services are rendered.
Wheelslist.com will charge 5% of the Driver's Fee to the Driver as a processing
fee ("Processing Fee") for handling and transferring the Driver's funds. The fees
policy is available on this Site and is incorporated into this Agreement by reference.
We may change our Fees Policy and the Fees for our services from time to time. Our
changes to the policy are effective after we provide You with at least thirty (30)
days' notice of the changes by posting the changes on the Site. However, we may
choose to temporarily change our Fees Policy and the Fees for our Services for promotional
events and such changes are effective when we post the temporary promotional event
on the Site. Unless otherwise stated, all Fees are quoted in the currency of the
country where the ride originates. You are responsible for paying all Fees associated
with using our Services and the Site and all applicable taxes which may vary by
state or jurisdiction.
3.
PERSONAL INFORMATION: Personal Information is any information you provide, publish
or display ("post") to us or other Users in the registration or in any public message
area (including, but not limited to the feedback section). Your information will
be stored on computers and You consent to Us in using Your Information to create
a User account that will allow You to participate in the Service. You are solely
responsible for Your Information and your interactions with other Participants,
and we act as a passive conduit for your online posting of Your Information. If
and when you register on Wheelslist.com, You agree to provide accurate, current
and complete information as prompted by Our registration form and to maintain and
update Your Information to keep it accurate, current and complete. Wheelslist and
its users rely on your information to use our services. If any information about
yourself is misrepresented, We have the right to terminate your service. In the
event of termination under these conditions, you will forfeit any Fees being held
in escrow that may be due to You.
4.
TERMINATION: This Agreement is effective upon registration for all users. You
may terminate your participation in the Services at any time, for any reason by
following the Notice of Termination instructions on the Site, or upon receipt by
Us of Your written or email notice of termination. Either You or We may terminate
your participation in Wheelslist.com by removing Your Information at any time, for
any reason, without explanation, effective upon sending written or email notice
to the other party. If services are terminated by Us, We shall refund, pro rata,
any unused portion of any Fees that have been received from You, as well as any
Driver's Fees being held in escrow that are due to you.
However, We shall not be liable to You for any refund of any unused portion
of any Fees and may continue to bar Your use of the Service in the future provided
that in the event that We determine, in our sole discretion, that there has been
any breach of this Agreement by You. Even after your participation in Wheelslist
is terminated, this Agreement will remain in effect.
5. PROHIBITED ACTIVITIES.
Wheelslist reserves the right, but it not obligated to investigate and terminate
your participation in Wheelslist for mis-using the site or services. By registering
as a user on the site, or using services on the site, you agree that you will not:
(a)
Assume
a false identity;
(b)
Harass other users of the site;
(c)
Disrupt
the Services or the site or the servers or networks connected to the Services or
the site;
(d)
Transmit
any material that contains software viruses, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
(e)
Modify,
adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or any software used on or for the Service
or cause others to do so.
(f)
Provide
your contact information in places other than where explicitly asked for it in the
Your registration and profile section;
You further
agree that You will not transfer, use, or sell Your Wheelslist.com account and/or
ID to any another party.
6.
FEEDBACK AND USER COMMUNITY: Feedback
is a Participant-initiated system on Wheelslist.com that allows users of the service
to evaluate other Wheelslist.com Participants. The purpose of the feedback system
is to facilitate a better user experience.
Feedback does not reflect the opinions or endorsements of Us.
By registering as a Participant, You agree to the following:
(a)
You
will not take any actions that may undermine the integrity of the feedback system.
(b)
You
will not utilize the feedback system to verbally insult other users.
(c)
We
reserve the right to terminate any User's participation in Wheelslist.com if the
user receives and excessive number of negative feedback from any other site users.
7.
INFORMATION CONTROL: Wheelslist cannot verify or guarantee the accuracy of the information
Users provide when registering on the Site, and We do not control the information
provided by other Users that is made available through our system. Therefore, Wheelslist
cannot and does not confirm each User's purported identity. Please use caution and
common sense when using the Site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense. By using this Site,
you agree to accept such risks and Wheelslist is not responsible for the acts or
omissions of users on the Site. In order to help you evaluate with whom you are
dealing, Wheelslist.com offers a user-initiated feedback and rating system as defined
below. We also encourage you to communicate directly with each potential Driver
or Rider prior to engaging in an arranged transportation service.
8. LINKS
TO OTHER WEBSITES AND CONTENT: The Site contains (or you may be sent through the
Site or the Services to) links to other Sites ("Third Party Sites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
software and other content belonging to or originating from third parties (the "Third
Party Content"). Such Third Party Sites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party Sites accessed through the Site or any Third
Party Content posted on the Site, including without limitation the content, accuracy,
offensiveness, opinions, reliability or policies of or contained in the Third Party
Sites or the Third Party Content. Inclusion of or linking to any Third Party Site
or any Third Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third Party Sites, you do so at your
own risk and you should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data gathering
practices, of such Third Party Sites to which you navigate from the our Site.
9.
ONLINE CONTENT DISCLAIMER: Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by Us, are those
of their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content. We do not guarantee the accuracy, completeness,
or usefulness of any information on the service and neither do we adopt nor endorse
nor are we responsible for the accuracy or reliability of any opinion, advice, or
statement made by parties other than us. Under no circumstances will we be responsible
for any loss or damage resulting from anyone's reliance on information or other
content posted on the service, or transmitted to participants. We reserve the right,
but we have no obligation, to monitor the materials posted in the public areas of
the service. 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. Notwithstanding
this right, you remain solely responsible for the content of the materials you post
in the public areas of the service and in your private e-mail messages. E-mails
sent between you and other participants that are not readily accessible to the general
public will be treated by us as private to the extent required by applicable law.
10.
INTELLECTUAL PROPERTY: All content
on the Site, including but not limited to designs, text, graphics, pictures, video,
information, software and other files, and their selection and arrangement (the
"Site Content"), are the proprietary property of Wheelslist, its Users or its licensors
with all rights reserved. No Site Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without prior written permission
of Wheelslist or any appropriate third party, except that the foregoing does not
apply to Your Information (as defined above) that you legally post on the Site.
11.
INDEMNITY: You agree to release Wheelslist, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees (collectively,
the "Indemnified Parties") from all claims and obligations and to indemnify and
hold the Indemnified Parties harmless from and against any loss, liability, claim,
demand, damages, costs and expenses, including reasonable attorney's fees, arising
out of or in connection with Your Information, any Third Party Content you post
or share on or through the Site, your use of the Services or the Site, your conduct
in connection with the Services or the Site or with other Users of the Services
or the Site, or any violation of this Terms and Conditions or of any law or the
rights of any third party.
12.
COMPLAINTS: To resolve a complaint regarding the Service, You should first email
our Customer Service Department.
13.
OTHER DISCLAIMERS:
WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE
AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state. We do not warrant that Your use of the
Service will be secure, uninterrupted, always available, or error-free, or will
meet your requirements, or that any defects in the Service will be corrected. WE
DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
We are not
responsible for the use of any personal information that You disclose on the Site
or through the Services. Please carefully select the type of information that You
post on the Site or through the Services or release to others. We disclaim all liability,
regardless of the form of action, for the acts or omissions of other Participants
or Users (including unauthorized users, or "hackers").
Wheelslist.Com only offers escrow services and a venue that enables drivers and
riders to match with each other. Wheelslist.com does not offer transportation services
and is not a transportation company.
We are not involved in the actual transportation services between Drivers and
Riders. As a result, we have no control over the quality or safety of the transportation
that occurs as a result of this rideshare venue service; nor do we have any control
over the truth or accuracy of the of Participants' information listed on Wheelslist.com.
We cannot ensure that a Driver or Rider will actually complete an arranged service.
14.
LIMITATION OF LIABILITY: IN NO EVENT
WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE
TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE
TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICE,
SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING
OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.
RELEASE: In the event that You have
a dispute with one or more Users, You agree to release Wheelslist.com (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected to such disputes with other Users or to Your use of the Site or the Services.
16.
RESOLUTION OF DISPUTES AND LEGAL CLAIMS. Any legal disputes or claims between Parties
will be submitted to binding arbitration in
Suffolk County, Massachusetts
. The
arbitration shall be conducted by the American Arbitration Association, or any other
established ADR provider mutually agreed upon by the parties. Any judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
17.
PRIVACY: We do not sell or rent Your
Information to third parties for their marketing purposes without your explicit
consent and we only use your information as described in the Privacy Policy. We
view protection of users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important assets. We store
and process your information on computers located in the United States that are
protected by physical as well as technological security devices. We use third parties
to verify and certify our privacy principles. You may review our current Privacy
Policy at Privacy Policy. If you object to your Information being transferred or
used in this way, please do not use or access our Services.
18.
NO AGENCY: You and Wheelslist are independent
contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement.
19.
NOTICES AND MAILINGS: Except as explicitly
stated otherwise, any notices to Wheelslist shall be given by certified mail, postage
prepaid and return receipt requested to Amirah Inc,
2751 Eller Lane
#A,
Mishawaka, IN 46544
20.
GENERAL: This Agreement shall be governed
by the laws of the State of
Indiana
without regard to choice of law principles. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. This Agreement sets forth
the entire understanding and agreement between us with respect to the subject matter
hereof. Sections referring to Fees, Services, Licenses, Liability Limit, Indemnity,
and Resolution of Disputes shall survive any termination or expiration of this Agreement.