Last Revised: May 22, 2016
Welcome to TELEPORTOO, a technology platform provided by Teleportuj Europe s.r.o. (collectively, “TELEPORTOO”, “we”, “us” and “our”), ID No. 04694171, registered at Tyršovo nám. 1733, 252 63 Roztoky, Czech Republic.
These Global Terms & Conditions (“GTC”) apply when the user (“You”) use(s) and/or visit(s) our websites and/or our Mobile Application and/or our social networking sites such as on Facebook etc. (all collectively, “TELEPORTOO’s Websites and Apps”)
IMPORTANT - READ CAREFULLY: By clicking the “I AGREE” or “Next” button, You expressly agree to and consent to be bound by the terms of these GTC. If You do not agree to the terms of these GTC, You must not access TELEPORTOO’s Websites and Apps.
You must accept these GTC as a condition of visiting or using TELEPORTOO’s Websites and Apps as well as associated software.
These GTC may be complemented by the additionally agreed upon country-specific supplementary provisions from us for the respective country in which You access TELEPORTOO’s Websites and Apps.
Your use of TELEPORTOO’s Websites and Apps or any other of our software licensed through a third-party distributor such as the Apple iTunes Store or Google Play, is also governed by the applicable current end-user license agreement, which is made available through the third-party distributor.
PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS WILL APPLY TO THE MOVING/DELIVERY SERVICES YOU BOOK, INCLUDING PAYMENT RATES AND CANCELLATION POLICIES THAT ARE SET BY THE MOVING/DELIVERY PROVIDER.
PLEASE NOTE: The MOVING/DELIVERY provider is also bound by the applicable regulations in relation to the use of TELEPORTOO’s Websites and Apps and by any local laws, tariffs and tariff rules applicable to the relevant kind of MOVING/DELIVERY. The MOVING/DELIVERY provider shall accept requests for MOVING/DELIVERY only insofar as permissible in accordance with the applicable provisions.
PLEASE NOTE (FOR ALL EXCEPT MOVING/DELIVERY PROVIDERS): Except for the costs for using the mobile device (for example connecting costs) the use of TELEPORTOO’s Websites and Apps is generally free of any charge unless mandatory statutes (such as move/delivery tariff regulations) in specific regions require the move/delivery driver to add a surcharge to the fare for placement through communications facilities (including the internet). The TELEPORTOO App may facilitate MOVING/DELIVERY fee payments between you and the MOVING/DELIVERY provider.
1. YOUR USE OF TELEPORTOO
- not to use TELEPORTOO’s Websites and Apps if (a) You are not of legal age to form a binding contract with us, or (b) You are barred by law from using TELEPORTOO’s Websites and Apps or accepting these GTC. Notwithstanding the foregoing, TELEPORTOO’s Websites and Apps are not available to children (persons under the age of 18). By using TELEPORTOO’s Websites and Apps, You represent and warrant that You are at least 18 years of age. By using TELEPORTOO’s Websites and Apps, You represent and warrant that You have the right, authority and capacity to accept these GTC and to abide by its provisions;
- that this service is proprietary to TELEPORTOO and is protected by intellectual property laws and international intellectual property treaties. TELEPORTOO grants You a nonexclusive, nontransferable license to access TELEPORTOO’s Websites and Apps, content, and any applications. You must not use TELEPORTOO’s Websites and Apps, content or application after the expiration or other termination of the license;
- and promise that all information and details provided by You to us (including on registration) are true, accurate and up-to-date in all respects, and at all times. You can update or correct your details at any time via TELEPORTOO’s Websites and Apps;
- and acknowledge that your use of TELEPORTOO’s Websites and Apps grants You no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to our software, TELEPORTOO’s Websites and Apps) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive our services in accordance with these GTC;
- You will not use TELEPORTOO’s Websites and Apps for any unlawful purpose in any way, particularly in a way that interrupts, damages, overloads, impairs, or renders TELEPORTOO’s Websites and Apps less efficient or bypasses the intended purpose of TELEPORTOO’s Websites and Apps. You will neither personally, nor through third parties, bypass or modify the security precautions of TELEPORTOO’s Websites and Apps, or transfer files that contain viruses, Trojans, or other harmful programs, or access or attempt to access the accounts of other users or penetrate or attempt to penetrate any security measures;
- that You will not disseminate any content which is defamatory, obscene, or may have the effect of being threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise;
- You will not “stalk” or otherwise harass any person. You will not impersonate any person or entity;
- You will also not advertise or promote your own or third-party products or services through TELEPORTOO’s Websites and Apps (For all except MOVING/DELIVERY providers regarding they MOVING/DELIVERY services offered through TELEPORTOO’s Websites and Apps.);
- You will not express or imply that any statements You make are endorsed by us;
- You will not “frame” or “mirror” any part of TELEPORTOO’s Websites and Apps without our prior written authorization;
- to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
- and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by You or other users of TELEPORTOO’s Websites and Apps. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If You have a complaint about another user please contact us;
- that You will comply with all applicable national laws;
- if You choose, or You are provided with, a user identification code, password or any other information as part of the security procedures, You will treat such information as confidential, and You will not disclose it to any third-party(ies). You are responsible for restricting access to your mobile device or other technology where appropriate. You agree to be responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that take place via your account or password. You agree to (a) notify us immediately of any unauthorized use of your account or any other breach of security, and (b) ensure that You exit your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You are also responsible for ensuring that all persons who access TELEPORTOO’s Websites and Apps through your internet connection are aware of these GTC, and that they comply with them. We reserve the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time and without notice, if in our opinion You have failed to comply with any of the provisions of these GTC;
- and acknowledge that TELEPORTOO’s Websites and Apps do not include the required internet use; and therefore You are responsible for making all the necessary arrangements in order to access TELEPORTOO’s Websites and Apps. It is at your expense and You are solely responsible for internet access, technical requirements, and the configuration and capability of the device for using TELEPORTOO’s Websites and Apps;
- and acknowledge that we reserve the right to automatically replace the MOVING/DELIVERY provider selected by the customer for a booking with an alternative MOVING/DELIVERY provider, if the original MOVING/DELIVERY provider cannot fulfill the booking;
- and acknowledge that the quote displayed to You when You make your booking is the estimated journey price excluding any extras not mentioned in the booking request. All quotes are based on the specific pricing systems of the MOVING/DELIVERY provider. Given the fast-moving nature of the MOVING/DELIVERY providers industry, it is sometimes impossible to keep the quote active and available for more than 20 second; and hence, we are not in a position to hold the quotes for any substantial period of time;
- and acknowledge that we do not guarantee that a MOVING/DELIVERY provider is available for order at the time of your request;
- to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these GTC;
- that any contract for the provision of MOVING/DELIVERY services is between You and the MOVING/DELIVERY provider (or “You and the “MOVING/DELIVERY REQUESTOR”“ if You are the MOVING/DELIVERY provider), and not us, and we simply provide a platform to introduce MOVING/DELIVERY providers and “MOVING/DELIVERY REQUESTOR”s.
Booking of MOVING/DELIVERY services (for “MOVING/DELIVERY REQUESTOR”s)
For placing a booking request You must have accepted these GTC. Once the booking request is submitted, one or more MOVING/DELIVERY providers will be notified and will be able to bid. We do not guarantee that a MOVING/DELIVERY provider will bid to any booking requests. If a booking request is bidded for by a MOVING/DELIVERY provider(s), You will receive this bid(s) with detailed information about the bid.
You agree to make payment in full to any driver introduced to you through TELEPORTOO’s Websites and Apps for any services provided by such driver to you (although you may choose to use TELEPORTOO’s Websites and Apps to facilitate such payment).
Price displayed for booking comparisons
The estimated quote displayed to You when You make your booking is the journey price including any extras (included in the booking request).
Booking of MOVING/DELIVERY services (for MOVING/DELIVERY providers)
Bidding for booking requests
To be able to receive a booking request You must be a MOVING/DELIVERY provider who has accepted these GTC. If You bid for a booking request and the “MOVING/DELIVERY REQUESTOR” will accept your bid, we will confirm such “MOVING/DELIVERY REQUESTOR”’s final acceptance to You. Once You have received the final acceptance of your bid, it is your responsibility to provide the MOVING/DELIVERY service to the “MOVING/DELIVERY REQUESTOR” as stated in the confirmation and in accordance with your bid and our GTC. It is your responsibility to verify before bidding for any booking requests that they contain all the details that are deemed legally necessary and sufficient for You to confirm the fare and availability by your bid and to provide your services.
For each bid accepted by the “MOVING/DELIVERY REQUESTOR”, credits in the amount maximum of 20% of the ride price will be deducted. MOVING/DELIVERY providers can only place a bid if they have sufficient number of credits on their TELEPORTOO account. MOVING/DELIVERY providers can add credits on TELEPORTOO’s Websites and Apps, but the MOVING/DELIVERY provider acknowledges that the amount of credits per ride may vary depending on the city in which the MOVING/DELIVERY provider is operating.
In case of cancellation by the “MOVING/DELIVERY REQUESTOR” or no show, TELEPORTOO may refund the deducted credits by adding the credits to the MOVING/DELIVERY provider‘s TELEPORTOO account. The credits may only be refunded at TELEPORTOO’s sole discretion.
Use of TELEPORTOO’s Websites and Apps does not entitle You to:
- use TELEPORTOO’s Websites and Apps in such a way that this use has a negative impact on a third-party(ies) or infringes their rights;
- impede the normal operation of the network;
- affect the operation of TELEPORTOO’s Websites and Apps in any manner whatsoever;
- modify or create derivative works based on TELEPORTOO’s Websites and Apps or our software;
- execute a program or automated script (including web spiders, web crawlers, web robots, web ants, web indexers, bots, worms or viruses) or any program that can issue multiple server requests per second or unduly burdening or interfering with the operation and/or performance of TELEPORTOO’s Websites and Apps or our software;
- conduct any collection of use of any product and/or service listings, descriptions and/or prices.
You also agree (for MOVING/DELIVERY providers):
- that You possess a valid driver's license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide MOVING/DELIVERY to third parties in all jurisdictions in which You use TELEPORTOO’s Websites and Apps;
- You own, or have the legal right to operate, the vehicle which You intend to use when accepting “MOVING/DELIVERY REQUESTOR”s, and that this vehicle is in good operating condition and meets the industry safety standards for a vehicle of its kind;
- You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/”MOVING/DELIVERY REQUESTOR” vehicle and/or business insurance to cover any anticipated losses related to the operation of a delivery service;
- You will be solely responsible for any and all liability which results or is alleged as a result of the operation of your motor vehicle/”MOVING/DELIVERY REQUESTOR” vehicle and/or “MOVING/DELIVERY REQUESTOR” delivery service, including, but not limited to personal injuries, death and property damages;
- You will obey all local laws related to the operation of a moving/delivery service and will be solely responsible for any violations of such local laws (including, without limitation, following safety laws in relation to the use of mobile devices when driving);
- You will provide us with whatever proof of identity we may reasonably request;
- since You can be identified via the activated application by nearly participating potential “MOVING/DELIVERY REQUESTOR”s, You shall be obliged to accept available MOVING/DELIVERY requests subject to the legislation applicable to You, provided that the application is activated and your vehicle is free;
- You shall update the status of your “MOVING/DELIVERY REQUESTOR” delivery service (free or engaged) in the activated application at all times, so that potential “MOVING/DELIVERY REQUESTOR”s can always identify your current status;
- and acknowledge that we do not guarantee any minimum number of “MOVING/DELIVERY REQUESTOR”s who will be available and/or willing to use your MOVING/DELIVERY services at any time. It is of your responsibility to verify before accepting any requests that they contain all the details that are necessary and sufficient to confirm the fare and availability;
- You acknowledge that there shall be appropriate information posted by You on TELEPORTOO’s Websites and Apps for “MOVING/DELIVERY REQUESTOR”s to make a fully-informed decision about your fares, services offerings, policies and procedures. Therefore, You shall disclose there that You attempt to do business with your services offerings and relevant policies, procedures and fees that You will charge. The price structure of your MOVING/DELIVERY services is defined by You on TELEPORTOO’s Websites and Apps and You have complete control over it. It is your responsibility to ensure that your fares listed on TELEPORTOO’s Websites and Apps are correct and valid. We accept no responsibility for the consequences if You provide incorrect and/or incomplete fare information.
We are not obliged to provide constant and uninterrupted availability of TELEPORTOO’s Websites and Apps. However, we will exercise our best efforts to provide the reasonably possible availability, and to correct failures promptly as reasonably possible.
We reserve the right at any time to modify or discontinue, temporarily or permanently, TELEPORTOO’s Websites and Apps (or any part thereof) with or without notice. You agree that we shall not be liable to You or to any third-party(ies) for any modification, suspension, or discontinuance of TELEPORTOO’s Websites and Apps.
TELEPORTOO’s Websites and Apps are available on a number of different devices, and these GTC shall apply on any such device, both current and future.
3. LIMITS ON OUR LIABILITY
For all (except MOVING/DELIVERY providers)
We provide You with access to a large number of independent MOVING/DELIVERY providers in your locality. MOVING/DELIVERY services rendered are settled solely between You and the MOVING/DELIVERY provider, and shall be in accordance with all applicable local laws and regulations. The use of TELEPORTOO’s Websites and Apps does not impose a binding agreement between You and us concerning your claim for personal MOVING/DELIVERY. Any remedies that might evolve from the passed-on request for personal MOVING/DELIVERY carried out by the MOVING/DELIVERY provider relates solely to the contractual relationship between the MOVING/DELIVERY provider and You. We explicitly do not take any liability for any third parties, such as MOVING/DELIVERY providers. We simply provide only a platform to introduce MOVING/DELIVERY providers and “MOVING/DELIVERY REQUESTOR”s and cannot be considered in any way as a carrier and/or MOVING/DELIVERY provider.
We are not responsible for personal safety, health or security of the “MOVING/DELIVERY REQUESTOR” and/or his or her property during the MOVING/DELIVERY. Should You have any doubts regarding the driver´s driving skills, please ask for MOVING/DELIVERY termination immediately and let us know.
We are not responsible for the actions or inactions of any MOVING/DELIVERY providers, neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide TELEPORTOO’s Websites and Apps.
Any information, commentary, and other materials displayed on TELEPORTOO’s Websites and Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the Internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching You or a MOVING/DELIVERY provider in a timely manner.
For MOVING/DELIVERY providers
We provide You with access to a large number of “MOVING/DELIVERY REQUESTOR”s in your locality. MOVING/DELIVERY services rendered are settled solely between You and the “MOVING/DELIVERY REQUESTOR”(s), and shall be in accordance with all applicable local laws and regulations. The use of TELEPORTOO’s Websites and Apps does not impose a binding agreement between You and us concerning “MOVING/DELIVERY REQUESTOR”’s(s’) claim for personal MOVING/DELIVERY. Any remedies that might evolve from the passed-on request for personal MOVING/DELIVERY carried out by You relates solely to the contractual relationship between You and the “MOVING/DELIVERY REQUESTOR”(s). We explicitly do not take any liability for any third parties, such as “MOVING/DELIVERY REQUESTOR”(s). We simply provide only a platform to introduce MOVING/DELIVERY providers and “MOVING/DELIVERY REQUESTOR”s and cannot be considered in any way as a carrier or “MOVING/DELIVERY REQUESTOR”’s(s’) representative or agent.
We are not responsible for the actions or inactions of any “MOVING/DELIVERY REQUESTOR”(s), neither for indirect losses meaning a loss to You which is a side effect of the main loss or damage, and where You and we could not have reasonably anticipated this type of loss arising at the time of entering into these GTC or for failure to provide TELEPORTOO’s Websites and Apps.
Any information, commentary, and other materials displayed on TELEPORTOO’s Websites and Apps is provided without any guarantees, conditions, or warranties as to its accuracy. You also bear the risks associated with the use of the internet. We assume no warranty for the transmitted data being correct and complete, or for data reaching You or a “MOVING/DELIVERY REQUESTOR”(s) in a timely manner.
As a MOVING/DELIVERY provider, it is your responsibility to adhere to any and all MOVING/DELIVERY related legal regulations. You shall behave considerately and shall not endanger the health and/or property of your “MOVING/DELIVERY REQUESTOR” and/or any third parties. Failure to adhere to such obligations or repeated complaints of “MOVING/DELIVERY REQUESTOR”s may be grounds for termination of your access to TELEPORTOO´s Websites and Apps.
If You are using TELEPORTOO’s Websites and Apps in a country where common-law system is also used, You are also bound by all the following in this Section 3 (if common-law system is not also used in the country where You are using TELEPORTOO’s Websites and Apps, then You are bound by the following only to the fullest extent permitted by applicable law):
THE TELEPORTOO WEBSITE, CONTENT, AND APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. TELEPORTOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TELEPORTOO MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. TELEPORTOO SHALL NOT BE LIABLE IN ANY WAY FOR SUMS OWED BY A “MOVING/DELIVERY REQUESTOR” TO A MOVING/DELIVERY PROVIDER, OR BY A MOVING/DELIVERY PROVIDER TO A “MOVING/DELIVERY REQUESTOR”. TELEPORTOO'S TOTAL LIABILITY FOR TORT, CONTRACT, AND OTHER DAMAGES SHALL NOT EXCEED THE SUMS YOU PAID TO TELEPORTOO DURING THE 12-MONTH PERIOD PRECEDING THE FIRST ACT OR OCCURRENCE GIVING RISE TO THE DAMAGES. TELEPORTOO IS NOT LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER. TELEPORTOO IS NOT LIABLE FOR ANY CLAIM OR DEMAND AGAINST YOU BY A MOVING/DELIVERY PROVIDER OR ANY THIRD-PARTY(IES). YOUR REMEDIES UNDER THIS AGREEMENT OR AT LAW OR IN EQUITY ARE LIMITED TO THOSE SET FORTH IN THIS AGREEMENT. TELEPORTOO SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED BY YOUR ACTIONS IN YOUR RELATIONSHIP WITH ANY “MOVING/DELIVERY REQUESTOR”S OR ANY THIRD-PARTY(IES). TELEPORTOO DISCLAIMS ANY WARRANTY AND DOES NOT REPRESENT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS.
YOU MAY USE CERTAIN THIRD-PARTY SOFTWARE OR EQUIPMENT IN CONJUNCTION WITH TELEPORTOO’S WEBSITE, CONTENT, AND APPLICATIONS. YOU WILL USE THIRD-PARTY SOFTWARE, CONTENT, AND EQUIPMENT AT YOUR OWN RISK. TELEPORTOO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF THE THIRD-PARTY SOFTWARE OR EQUIPMENT, INCLUDING THE ABILITY TO INTEGRATE SAME WITH THE SOFTWARE. THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF THE THIRD-PARTY SOFTWARE OR EQUIPMENT LIE SOLELY WITH YOU AND THE VENDOR OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.
THE AMOUNTS TO BE PAID TO TELEPORTOO UNDER THIS AGREEMENT DO NOT INCLUDE ANY ASSUMPTION OF RISK, AND TELEPORTOO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR (i) ECONOMIC, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER CLAIMED UNDER CONTRACT, TORT, BREACH, FAILURE OF WARRANTY OR ANY OTHER LEGAL THEORY OR (ii) LOSS OF OR DAMAGE TO YOUR DATA OR PROGRAMMING.
Additional provisions (for all)
We are not liable for the content, and websites of third parties on TELEPORTOO’s Websites and Apps.
TELEPORTOO’s Websites and Apps include links to other websites or material, which are beyond our control.
In the event that we temporarily or irrevocably discontinue all or part of our services, this circumstance does not constitute a liability.
You have certain rights under the law. Nothing in these GTC is intended to affect these statutory rights.
Indemnification (for all)
You hereby agree and undertake fully and effectively to indemnify us and keep us indemnified from and against all damages, losses, claims, demands, expenses (including legal and professional expenses), costs and liabilities caused by the MOVING/DELIVERY provider (by “the “MOVING/DELIVERY REQUESTOR”“ if You are a MOVING/DELIVERY provider) undertaking your journey.
You agree to indemnify and hold us harmless from all liabilities, claims, and expenses that arise from the content You submit, post, or transmit via TELEPORTOO’s Websites and Apps, or from your use/misuse of TELEPORTOO’s Websites and Apps, or the use/misuse by any person for whom You are responsible, or from your violation of these GTC.
4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all (registered and unregistered) intellectual property rights in TELEPORTOO’s Websites and Apps, and in the material published on it other than any third-party intellectual property rights.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on TELEPORTOO’s Websites and Apps are our registered and unregistered Trademarks, other than any third-party intellectual property rights. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
You will not remove any copyright, trademark, or other our proprietary rights notices.
In addition, text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, interactive content, and scripts are our intellectual property, and may not be copied, used or imitated without our consent as presented in the Contract. The compilation and appearance of all content on TELEPORTOO’s Websites and Apps is our exclusive property. Nothing contained on TELEPORTOO’s Websites and Apps should be construed as granting, by implication or otherwise, any licence or right to use any of our intellectual property rights or those of any third-party(ies) without our permission.
There could be one or more pending patent applications and/or patents owned by us which apply to TELEPORTOO’s Websites and Apps and/or to the features and services accessible via TELEPORTOO’s Websites and Apps. Your misuse of the intellectual property displayed on TELEPORTOO’s Websites and Apps, or any other content on TELEPORTOO’s Websites and Apps, is strictly prohibited.
You may print off copies, and may download extracts, of any page(s) from TELEPORTOO’s Websites and Apps for your personal reference, and You may draw the attention of others to materials posted on TELEPORTOO’s Websites and Apps.
You must not modify the paper or digital copies of any materials You have printed or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on TELEPORTOO’s Websites and Apps and the owners of the intellectual property on TELEPORTOO’s Websites and Apps must always be acknowledged.
If You print off, copy, or download any part of TELEPORTOO’s Websites and Apps in breach of these GTC, You must, at our request, return or destroy any copies of the materials You have made.
You are also advised that we may enforce our intellectual property rights to the fullest extent permitted by law. If we decide not to enforce or exercise our legal rights in respect of a breach of our intellectual property rights at any given time, this does not prevent us from later exercising or enforcing such rights.
Third-party copyright and trademarks
Third-party names, logos and icons identifying third-party products and services referenced herein are the trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are the copyrights and/or trademarks of their respective owners.
- and acknowledge that all software provided by us and used by You remains at all times our property and is considered as confidential information. Our software provided to You must not be copied, modified, reverse-engineered, decompiled or distributed;
- not to grant a license or sublicense, download (other than page caching), copy, sell, resell, transfer, assign, distribute, commercially exploit or make available to any third-part(ies) TELEPORTOO’s Websites and Apps or our software in any manner whatsoever;
6. ACCOUNT TERMINATION
We may suspend, restrict or terminate your access to TELEPORTOO’s Websites and Apps and/or close any account You have with us anytime solely at our discretion and without notice. In case of a repeated breach of these GTC, TELEPORTOO may block your use of the TELEPORTOO´s Websites and Apps using Your mobile device or other technology for an indefinite period of time. This shall not limit our right to take any other action against You that we consider appropriate to defend our rights or those of any other person.
You are under no obligation to use TELEPORTOO’s Websites and Apps and may simply choose to stop using it at any time and without notice. The same shall apply to closing your account.
Your withdrawal of consent will not affect the legal validity or enforceability of these GTC provided to, and electronically signed by, You prior to the effective date of your withdrawal.
Those rights and obligations which are by their nature, intended to survive termination of these GTC shall survive such termination, including, without limitation, the provisions governing, confidentiality, limitations of liability, indemnification, choice of law and choice of forum and non-competition.
We may wish to transfer our rights or obligations or sub-contract our obligations under these GTC to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service You receive under these GTC. As set out in Section 6, You may terminate your agreement with us at any time. These GTC are personal to You. You may not transfer your rights or obligations under these GTC to anyone else.
If You breach these GTC and we take no immediate action against You, we will still be entitled to use our rights and remedies later and/or in any other situation in which You breach these GTC.
In the event that a provision within these GTC becomes invalid, unenforceable, or contains a loophole, this shall not impact the validity of the remaining provisions. The invalid provision, unenforceable provision, or loophole shall be replaced with a provision as close as possible to the intent of these GTC. If there is no such provision, then the provision which became invalid, unenforceable or contains a loophole shall be reformed only to the extent necessary to make it enforceable, valid, or without a loophole and these GTC shall remain in full force and effect.
Nothing in these GTC will constitute a partnership, agency relationship, contract of employment or any affiliation or association between You and us.
You agree that if You receive any information containing personal information of other users of TELEPORTOO’s Websites and Apps, You will not use such information except for your personal use of TELEPORTOO’s Websites and Apps (or in the administration of your business if You are a MOVING/DELIVERY provider or a Marketer), and that upon termination of this GTC, You will immediately delete all such information from your files, except as otherwise required by law.
Please note that the English version of these GTC is the original; in the event that there are discrepancies in the other language versions the text of the English version prevails.
These GTC are entered into between You and TELEPORTOO. Apple, Inc. (“Apple”) is not a party to these GTC and shall have no obligations with respect to TELEPORTOO’s Websites and Apps. TELEPORTOO, not Apple, is solely responsible for TELEPORTOO’s Websites and Apps and the content thereof as set forth in these GTC. However, Apple and Apple’s subsidiaries are third-party beneficiaries of these GTC. Upon your acceptance of these GTC, Apple shall have the right (and will be deemed to have accepted the right) to enforce these GTC against You as a third-party beneficiary thereof. These GTC incorporate by reference the Licensed Application End User License Agreement published by Apple, for the purpose of which, You are “the end user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these GTC, the terms of these GTC shall prevail.
Nothing in these GTC is intended to limit our liability beyond what is permitted by applicable law.
9. CHANGES TO OUR GTC
We may amend these GTC from time to time. These changes are effective immediately upon posting and/or electronic delivery. Your continued access or use of TELEPORTOO’s Websites and Apps, after we make changes is deemed to be your acceptance of those changes.
The TELEPORTOO´s Websites and Apps allow for storing your payment card details (secure card vaulting) with the payment services provider (Braintree, division of PayPal (Europe) Sàrl & Cie, SCA, a limited liability partnership R.C.S. Luxembourg B 118 349 se sídlem 22-24 Boulevard Royal, L-2449, Luxembourg) in order to provide an easier way to pay for Your rides. TELEPORTOO reservers the right to change the payment services provider; however, we will at all times use exclusively PCI DSS (Payment Card Industry Data Security Standard) Level 1 certified payment services providers. TELEPORTOO does NOT store or process any of your payment card details.
Payments (for “MOVING/DELIVERY REQUESTOR”s)
If you choose to pay for a move/delivery ride through TELEPORTOO’s Websites and Apps then such payment will be taken automatically at the end of the journey using the payment card details you provided to us. You agree that we may undertake authorisation checks on that card when you first join as well as when you order a move/delivery ride through TELEPORTOO’s Websites and Apps.
Once you have taken a move/delivery ride you won't be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non-refundable. If you have any complaint in relation to the move/delivery service provided then that dispute must be taken up with the driver directly.
Payments (for MOVING/DELIVERY providers)
Prices of the credits and rides are set out on our website. Unless specified otherwise, we do not provide any security measures with respect to card payments nor any other guarantees regarding the ride purchases. Transaction and conversion fees are borne by us as a merchant. We do not provide payment protection or guarantees in relation to purchasing transactions. This means that you will bear the risk in the event that a transaction proves to be fraudulent or unauthorized.
We have the right to suspend the processing of any transaction at our sole discretion.
You agree to cooperate with and support us (including through the provision of relevant information) in the event of a dispute over any transaction.
We may delay or withhold credits that we provide to you in exchange of your payment in case of pending investigation where a transaction is considered to be fraudulent or otherwise suspicious or where a transaction requires validation with a card issuer.
You acknowledge that payment providers may ask that we or they conduct an audit of your activities to ensure compliance with these GTC and use of TELEPORTOO and you agree to cooperate fully with any such audit.
If the “MOVING/DELIVERY REQUESTOR” will pay for your services through TELEPORTOO’s Websites and Apps, you agree that TELEPORTOO will deposit such payment to its accounts and will release it after transaction fee (0%) deduction in 14 days periods. LIFATGO reserves the right to prolong the payout period if needed.
Credit Card Chargebacks
Under no circumstance will any driver chargeback any payment card purchase. Any driver who does so will immediately lose all payment card ordering privileges until the charges are replaced with certified funds.
Promotional codes (for “MOVING/DELIVERY REQUESTOR”s)
In case you have stored your payment card via the TELEPORTOO Website or App with our payment services provider, you can choose to enter a promotional code. A promotional code can only be used to cover an ordered and carried out MOVING/DELIVERY operation paid by a payment card in the amount of the promotional code value. You are not entitled to any compensation in case the total MOVING/DELIVERY fee is lower than the value of the promotional code.
You are not entitled to withdraw, nor have you any other rights to the cash equivalent of the allocated or otherwise obtained promotional codes value and the decision to use promotional codes is yours. The value of the promotional codes cannot and will not be paid up in cash or otherwise, nor can it be used for any other purposes than for the purpose of MOVING/DELIVERY fee payment to the TELEPORTOO drivers using the TELEPORTOO App.
You acknowledge and agree that will not be treated as or represent yourself as an employee for purposes of any and all of applicable law, especially employment law and tax law.
You acknowledge and agree that the only way when TELEPORTOO reward or compensate anybody for spreading the word about TELEPORTOO, or its services, is to participate in the Share with Friends program.
12. Share With a Friend (for “MOVING/DELIVERY REQUESTOR”s)
Our “Share With a Friend” program is available to you. If you send an invitation to the TELEPORTOO App to your friend, your friend shall following the new account creation, receive a promotional code of a value applicable at the time of opening the account, designated the payment for the first ride. Once this first ride is performed, you will be sent a reward in the form of a promotional code of a value applicable at the time when your friend took the first ride. The reward promotional code can be used only for payments for rides, carried out by your account.
You are not entitled to withdraw, nor have you any other rights to the cash equivalent of the allocated or otherwise obtained promotional codes value and the decision to use promotional codes is yours. The value of the promotional codes cannot and will not be paid up in cash or otherwise, nor can it be used for any other purposes than for the purpose of MOVING/DELIVERY fee payment to the TELEPORTOO drivers using the TELEPORTOO App
In the event that we reasonably suspect that you are in any way trying to misuse the Share With a Friend Program, in particular by repeated establishing and chaining accounts, we reserve the right to suspend any such accounts and any unspent promotional codes and deactivate the value of the promotional codes possibly already used for the payment for the drives and/or set it off against any damage possibly caused to our company. All other damages resulting from such conduct will be claimed.
13. ARBITRATION AND GOVERNING LAW (For Marketers and MOVING/DELIVERY providers)
The exclusive means of resolving any dispute or claim arising from or relating to these GTC (including any alleged breach thereof) shall be BINDING ARBITRATION administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court.
You may not, under any circumstances, commence or maintain against us any class action, class arbitration, or other representative action or proceeding.
Notice of Rights
By using TELEPORTOO’s Websites and Apps in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before an arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is, for any reason, held to be unenforceable, any litigation against us may be commenced only in the district court for Prague 1, in the Czech Republic. You hereby irrevocably consent to the jurisdiction of mentioned court for such purposes.
These GTC, and any dispute(s) between you and us, shall be governed by the laws of the Czech Republic without regard to principles of conflicts of law.
14. INTEGRATION CLAUSE
These GTC represent the full and final agreement of the parties and supersedes any other agreements, oral or written, on the same subject. (Excluding the Contract, or any part of it, if applicable.)
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