Terms & Conditions
TERMS AND CONDITIONS
- Effective date: october 5th 20161. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ACCESS TO OR USE THE SERVICES.
Your access to and use of the Services are to be your agreement bound by these Terms and Conditions, and include a contractual relationship between you and DLXTX. If you do not agree with these Terms, you may take no access to or use of the Services. These Terms replace explicit prior agreements or contracts with you. DLXTX can immediately these Terms or any service relating to terminate you, or generally stop grant or deny access to the Services or any part thereof, at any time and any reason.
Additional terms may be only applicable to certain services, such as policies for a specific event, activity or promotion, and these additional terms will be disclosed to you with regard to the applicable Services. The additional requirements are in addition to, and shall be deemed to constitute a part of the Terms and Conditions for reasons of the applicable Services. The additional conditions will prevail over these Conditions in the event of a conflict with regard to the applicable Services.
AP2GO may amend the Conditions relating to the services of time. Changes take effect after Uber message displays on such modified Conditions of this site or the modified policy or additional terms in the applicable Service. Your continued access to or use of the Services after such posting constitutes your agreement to be bound by these Terms and Conditions, as amended.
Services include a technology platform that allows users through mobile applications and websites provided by AP2GO as part of the Services (each an “Application”) transport and / or to arrange logistics and plans for independent external providers of such services, including independent external transport companies and independent external logistics companies in agreement with AP2GO or its affiliates (“external suppliers”). Unless otherwise approved by AP2GO in a separate written agreement with you, the Services are made available only for your personal, non-commercial use. You acknowledge that ap2go providing or transport logistics services or acting as a transport company and that such carriage of logistics services are provided by independent contractors and not work for external ap2go or its affiliates.
Subject to your compliance with these Terms, AP2GO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) to access and use the applications on your personal device exclusively regarding your use of the Services; and (ii) access and use of any content, information and related materials may be made available through the Services, in each case solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by Uber and its licensors.
You may: (i) remove any copyright, trademark or other proprietary rights in any part of the Services; (Ii) not reproduce Services, modify, create derivative works prepared on the basis of, distribute, license, lease, sell, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted by AP2GO; (Iii) decompile Services, reverse engineer or disassemble except as permitted by applicable law; (Iv) does not refer to, flip or framing a part of the Services; (V) programs or scripts not boot if this cause with the aim of collecting, indexing, obtain, or otherwise data mining of any part of the Services or the activity and / or function of any part of the Services are not unnecessarily burdensome or hinder; or (vi) not attempt to gain unauthorized access to or obstructing a part of the Services and related systems or networks.
You acknowledge that parts of the Services may be made available to applications through the various brands of AP2GO or options regarding transportation or logistics, including the brands covering transport requests now referred to as “AP2GO”.
You also acknowledge that the Services may be made available under such trademarks or request options by or related to: (i) some of the AP2GO subsidiaries and affiliated companies; or (ii) independent external suppliers, including drivers for transport network, transport charters licensees or holders of similar transport permits, authorizations or licenses.
Third Party Content and Services.
The services and all rights therein are and remain the property of AP2GO or ownership of the licensors AP2GO. Neither these Terms or your use of the Services, you grant rights: (i) on or in relation to the services except for the aforementioned limited license granted, or (ii) the use or reference in any way whatsoever to the company logos, product-and service names, trademarks or service marks of AP2GO or its licensors.
3. Your use of the Services
To make use of all elements of the Services must uzich register and have an active personal service account ( “Account”). You must be at least 18 years old or the age of legal majority in your jurisdiction (if not 18), to obtain an account. To register, you must submit certain personal information in your account AP2GO, such as your name, address, mobile phone number and age, as well as at least one valid method of payment (either credit card or accepted payment partner). You agree to provide accurate, complete and current information in your account again. If you do not have accurate, complete and updated account information, including any available invalid or expired payment method, this may lead to blocking the access and use of the Services or termination of the agreement between you and AP2GO. You are responsible for any activity that occurs under your account, and you agree to keep your account user name-and password secret at all times. Unless otherwise authorized by Uber, you can only have one account.
User Requirements and Behavior.
The Service is not available for use by persons under the age of 18 years. You may not authorize others to use your account, and you must not allow people under the age of 18 to receive transport and logistical services from external suppliers unless they are accompanied by you. You may not assign your Account, or otherwise transfer to other persons or entities. You agree with all applicable laws when using the Services, you may only use the Service for lawful purposes (eg. No transport of illegal or dangerous substances). You will not cause nuisance, annoyance, inconvenience or property damage during your use of the Services, to both external supplier as to any other party. In some cases you may be asked to provide proof of identity to gain access to or use of the Services, you agree that you can deny access to or use of the Services if you refuse an identification document provide.
By creating an account, you agree that the Services can send informative text messages (SMS) as part of the normal operation of your use of the Services. You can opt out of receiving at any time of text messages (SMS) Uber by sending an email to email@example.com where you indicate that you do not wish longer to receive such messages, along with a phone number the mobile device on which text messages are received. You acknowledge that opt out of receiving text messages (SMS) can affect your use of the Services.
AP2GO may, at its discretion, promotional codes designs that can be redeemed for account credit, or other features or benefits with respect to the Services and / or Services from an external supplier, subject to additional conditions AP2GO prepares a separate promotional code ( “Promotional Codes”) . You agree that the Promotion Codes: (i) to be used for the target audience and the intended purpose, and lawfully; (Ii) may not be duplicated, sold or transferred in any way, or made available to the general public (either in a public form, or otherwise), unless expressly permitted by AP2GO; (Iii) can be deactivated at any time by AP2GO for any reason and without liability AP2GO; (Iv) may only be used in accordance with the specific conditions drawn up for such Uber Promotional codes; (V) can not be converted into cash; and (vi) may expire before your use. AP2GO reserves the right to obtain credit or other features or benefits through the use of promotional codes you or remember another user or subtracting in the case AP2GO decide or think that the use or redemption of the promotional code by mistake , fraudulent, illegal or a violation of the applicable conditions for promotional codes or these Terms.
User Content submitted.
AP2GO may, at its discretion, allow you time to time to textual, audio and / or visual content and information, including comments and feedback regarding the Services, commencement of support requests and submissions of projects for competitions and promotions to submit, upload, post or otherwise make available to AP2GO through the Services. ( “User Content”). Any User Content provided by you, remains your property. By providing the User Content to AP2GO, you know AP2GO a worldwide, perpetual, irrevocable, transferable, royalty-free license to the right to sublicense, to use, copy, such User Content, modify, create derivative works of, distribute, publicly display, publicly perform, or exploit in any way in all formats and distribution channels that are currently known or that would be developed later (including with respect to the services and activities of AP2GO and external websites and services), without further notice to or consent from you, and without any obligation to you or any other person or entity.
You represent and warrant that: (i) you are either the sole and exclusive owner of any User Content or that you have all rights, licenses, consents and necessary releases possesses AP2GO to grant the license to the User Content as set put above; and (ii) neither User Content nor your submission, upload, publish or in any way make available such User Content, nor the use of the User Content by AP2GO as herein authorized, is an infringement is improper or is a violation intellectual property or proprietary rights, as well as publication-or privacy rights of third parties, or will lead to a breach of any applicable law or regulation.
toYou agree to provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise objectionable as determined by AP2GO at its discretion, irrespective of whether this material or not protected by law. AP2GO may, but shall not be obliged to, review User Content, check, or remove, at its discretion, at any time, for any possible reason, without notice to you.
Network and Devices.
Apparaten.U network and are responsible for obtaining access to the data network, necessary for the use of the Services. Your mobile network data and SMS rates and charges may apply if you make access to or use of the Services through a wireless device and you are responsible for such fees and costs. You are responsible for obtaining and updating compatible hardware or equipment, necessary for access to and use of services and applications, and any additional updates thereof. AP2GO not warrant that the Service or any part thereof, will be working on certain hardware or devices. Moreover, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that the use of the Services could lead to charges for services or goods that you receive from an external supplier ( “Costs”). After you receive services or goods resulting from your use of the Service, AP2GO your payment of the applicable charges forward on behalf of the external supplier in the capacity of an external and limited collection agent. Payment of the charges in this manner is considered equivalent to a direct payment from you to the external supplier. The charges are inclusive of applicable taxes required by law. The charges you paid are final and non-refundable, unless otherwise determined by AP2GO. You retain the right to demand lower charges to an external supplier for you receive goods and services from such an external supplier at the time you receive such services and goods. AP2GO will accordingly respond to any request from an external supplier to change the charges for a particular service or product.p>
All charges are due immediately and the payment will be made possible by AP2GO by using your preferred method of payment in your account, after which AP2GO you a receipt will be sent via email. If the principal payment on your Account after adoption has expired, invalid, or in any way can not be charged, you agree that AP2GO, in the capacity of external debt collection agent, a secondary method of payment can use in your Account, if available.
In accordance with the agreement between you and AP2GO, AP2GO reserves to cancel and / or revise the right to fix charges for any or all services and goods produced by the use of the Services at any time in its sole discretion AP2GO. You acknowledge and agree that charges are applicable in certain geographical areas can be substantial at times of high demand. AP2GO will use reasonable efforts to inform you about charges that may apply, provided that you are responsible for charges incurred by your account whether you were aware of such charges or the amount thereof. AP2GO may from time to time certain users provide promotional offers and discounts, which may result in different amounts charged for the same or similar goods or services obtained through the use of the Services, you agree that such promotional offers and discounts unless made available to you will not affect your use of the Services or the Fees charged to you. You can choose to cancel your request for services and goods from an external supplier at any time prior to the arrival of the external supplier, in which case one can charge you a cancellation fee.
This payment structure is designed to fully offset the external supplier for the services or goods. Except with respect to transport services requested by the taxi through the Application, AP2GO indicates no part of your payment as gratuity or gratitude to the external supplier. Any statement by AP2GO (on AP2GO website, in the Application, or in advertising resources AP2GO) that tipping “voluntary”, “non-required” and / or “included” in the payments you made for provided services or goods, is not meant to suggest that AP2GO provides additional amounts other than those listed above, the external supplier. You understand and agree that, although you are free to transfer additional payments gratitude to an external supplier that provides goods or services obtained through the Service, you are obliged in any way to do this. Gratuities are voluntary. Once you have received the goods or services through the Service, you will have the opportunity to assess your experience and additional leave feedback about your external supplier.
Repair and cleaning.
WYou are responsible for the cost of repairs for damage to, or necessary cleaning of vehicles and ownership of an external supplier as a result of your use of the Services under your account, if it is more than harm by “wear and tear” and necessary cleaning ( “Repair and Cleaning”). In case an external supplier a repair or cleaning be necessary, and such request is verified for repair or cleaning by AP2GO, at its discretion, AP2GO reserves the right to permit the payment for the reasonable cost of repair or cleaning on behalf of the external supplier using your nominated payment into your account. Such amounts will be paid by Uber with applicable external supplier and are non-refundable.
5. Disclaimers; Limitation of Liability; Compensation.
, of the services “as is” and “as available.” ap2go disclaims all representations and warranties, express or implied, is not expressly set forth in these terms and conditions, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore ap2go makes no representation, warranty, or warranty regarding the reliability, timeliness, quality, suitability or services or uncalled services availability of products from the use of the service, or that the service will be uninterrupted or error free. Ap2go not guarantee the quality, suitability, safety or the ability of third party suppliers. You agree that the entire risk arising out of your use of the services, and any uncalled service or product with respect thereto, is entirely with you, to the maximum extent permitted by law.
LIMITATION OF LIABILITY..
Ap2go shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise arising out of the use of the services, even if ap2go advised of the possibility of such damages. Ap2go is not liable for any damages, liability or losses resulting from: (i) your use of or reliance on the service or your inability to take to the service access or use; or (ii) for each transaction or relationship between you and any third party supplier, even if advised of the possibility of such damages ap2go been warned. Ap2go is not liable for any delay or failure resulting from causes beyond reasonable uber has no effect. You acknowledge that the external transport suppliers provide transport, requested by certain trademarks, or ride sharing peer-to-peer transport to offer and may not have professional license or authorization. In no event shall the total liability of uber relating to you and services for all damages, losses and causes of action exceed five hundred euro (€ 500).
The services may be used by ap2go by you for transport, goods or logistics services with external suppliers to questions and plans, but you agree that ap2go to you no responsibility or liability bears any services, goods or logistics services who to you by external suppliers unless it is expressly set put in these terms.
tThe limitations and disclaimer in this section 5 shall not as a limitation of liability or your rights as a consumer who can not be excluded by applicable law.
You agree AP2GO and indemnify its officers, directors, employees and agents from any and all claims, demands, losses, liabilities and expenses (including attorneys’ fees) arising from or relating to: (i) your use of the Services or services or goods resulting from your use of the services; (Ii) your breach or violation of any of these Conditions; (Iii) the use of your User Content by Uber; or (iv) your violation of any rights of third parties, including an external supplier.
6. Governing Law; arbitration.
Unless otherwise provided in these Terms, these Terms shall be subject exclusively to and shall be construed in accordance with the laws of the Netherlands, with the exception of provisions relating to conflicts of law. The Vienna Convention regarding the International Sale of Goods of 1980 (CISG) does not apply. Any dispute, dispute, claim or conflict arising out of or largely in connection with or relating to the Services or this Agreement, including those in the field of validity, construction or enforceability (each “Dispute”), should be required first subject mediation procedures under the conciliation rules of the International Chamber of Commerce ( “ICC Mediation rules”). If for such dispute within sixty (60) days, a settlement has been reached in accordance with the ICC Mediation Rules of the submission of the request for mediation, such a dispute may be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce ( “ICC arbitration rules”). The provisions of the Arbiter Emergency ICC are excluded. The dispute will be decided by one (1) arbitrator appointed in accordance with the rules of the ICC. The location of both mediation and arbitration is Amsterdam, Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351 / 1) and / or Article 6: 236n of the Dutch Civil Code have you. The language of the mediation and / or arbitration shall be English, unless you do not speak English, with the mediation and / or arbitration in both English and your mother tongue will be held. The existence and content of the conciliation and arbitration procedures, including documents and mandates submitted by the parties, correspondence to and from the ICC, correspondence of the mediator and correspondence, judgments and awards issued by the sole arbitrator shall remain strictly confidential and allowed without the express consent of the other party is not disclosed to third parties unless (i) its disclosure to third parties is reasonably required in the context of the mediation or arbitration procedures; and (ii) the third party there to be unconditionally in writing agree to be bound by the confidentiality obligation as defined herein.
7. Other Provisions
Claims for breach of copyright.
The claims of copyright infringement should be sent to the designated agent of AP2GO. Refer to the web at AP2GO https://www.ap2go.nl/legal for the designated address and additional information.
AP2GO can send a notification by means of a general notice on the Service, email to your email address from your account, or by written communication sent to your address as shown in your account. You can AP2GO send a notification by means of a written notice to the address of AP2GO at Schiphol Boulevard 127, 1118 BG, Schiphol, Netherlands.
To these conditions not be wholly or partially assign or transfer without the prior written consent of AP2GO. You give your approval to AP2GO to assign or transfer these Terms in whole or in part, including: (i) a subsidiary or an affiliated company; (Ii) an acquirer of equity, business or assets of AP2GO; or (iii) a successor by merger. There should be no joint venture, partnership, employment, or agency agreement between you, AP2GO or external suppliers as a result of the contract between you and AP2GO or use of the Services.
If any provision of these Terms wholly or partly illegal is deemed invalid or unenforceable under any law, such provision or part thereof shall be deemed not to form part of these conditions, but remains the legality, validity and enforceability of the remainder of these Terms and Conditions remain in full force. In that case, the parties will (it) illegal, invalid and unenforceable (part of) the provision substituted for (part of) a provision is lawful, valid and enforceable and which to the greatest possible extent has a similar effect as the (the) illegal, invalid or unenforceable (part of) the provisions relating to the content and purpose of these Terms. These Terms comprise the entire agreement and the agreement of the parties regarding the subject matter hereof and supersedes and replaces all prior or contemporaneous agreements or understandings with respect to such subject matter. In these conditions mean the words “including” “include” and “including, but not limited to”.