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1. The Service
Taxi Tampa LLC T/A Taxi Cab Company – Tampa Transport (“Provider”) is a booking service, where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options (“Drivers”). One option for Riders is to request a standard taxi ride. Provider will use best efforts to source and procure such ride, by carefully assessing different Drivers, to find the most cost-effective and efficient ride through a verified third party. Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.”
2. Modification to Agreement
Provider reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Provider’s Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
3. Charges
• (i) Fees: As a Rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on text message when you request a ride, plus any tips to the Driver that you elect to pay.. By responding ‘YES’ to Provider’s texts to confirm your ride, you agree to pay the full amount set forth in such text message/s. The quote you receive via text message is subject to change until the ride request is confirmed. If during your ride you change your destination or make multiple stops, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Provider does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
• (ii) Cancellation: After requesting a ride you may cancel it over text message or phone call to the Provider, with at least 24 hours’ notice and a 25% cancellation fee will apply. If you cancel your ride without 24 hours notice and/or your driver has already been dispatched, a 50% cancellation fee will apply. You may also be charged a variable fee if you fail to show up after requesting a ride and your driver was dispatched and/or waited for longer than 5 minutes.
• (iii) Damage Fee: If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Provider in its sole discretion), towards vehicle repair or cleaning. Provider reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
4. General
• (i) Facilitation of Charges: All Charges are facilitated through SQUARE INC, a third-party payment processor. Provider may replace its third-party payment processor without notice to you. Your payment of Charges to Provider satisfies your payment obligation for your use of our Rideshare Services.
• (ii) No Refunds: All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Provider’s services, any disruption to the Rideshare Services, or any other reason whatsoever.
5. Disclaimers
The following disclaimers are made on behalf of Provider, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
• Provider does not provide transportation services, and Provider is not a transportation carrier. Provider is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Provider’s Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Provider. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
• To the fullest extent permitted by law, we 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.
• We do not warrant that your use of our Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements. We disclaim liability for availability of the Rideshare Services we offer.
• Provider is not responsible for the conduct, whether online or offline, of any User of the Provider’s Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using Provider and participating in the Rideshare Services, you agree to accept such risks and agree that Provider is not responsible for the acts or omissions of Users.
Provider shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
6. Indemnity
You will defend, indemnify, and hold Provider including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use and participation of Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to Provider infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
7. Limitation of Liability
IN NO EVENT WILL PROVIDER, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PROVIDER” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RIDESHARE 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. THE PROVIDER MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT PROVIDER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the fullest extent permitted by law, Rider shall indemnify, defend and hold harmless Provider and its Drivers and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Provider”) from and against any and all allegations, liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of Client or third parties (collectively, the “Claims”) including without limitation Claims resulting from the negligent acts or omission of the Indemnified Provider or for acts or omissions for which the Provider otherwise would be strictly liable, in connection with Client’s transportation or use of Provider’s services.
8. Additional
Except as elsewhere indicated, this Agreement shall be governed by the laws of the State of Florida. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Provider with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
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This AGREEMENT may be updated without written notice. All changes made to this AGREEMENT shall be recorded and logged below:
Published: 9/17/2021
Updated: 9/17/2017 – (1) Updated Limitation of Liability