DRIVER ANYWHERE NETWORK TERMS AND CONDITIONS
These terms and conditions (the “Terms”) constitute a legal agreement (the “Agreement”) that governs your use of the Driver Anywhere Network (“DA Net”), itself a service provided by Limo Anywhere LLC (“Limo Anywhere”) and GroundLink Holdings LLC (“GroundLink”) (Limo Anywhere and GroundLink are collectively referred to as the “Companies”). This Agreement shall be indefinite in nature. You may terminate this Agreement by permanently closing your DA Net account. The Companies are entitled to terminate this Agreement (by disabling your DA Net account) at all times and with immediate effect if you violate these Terms or misuse the Services (as defined below), and are not required to give advance notice of such a termination.
Please check the Terms periodically for changes, as they may be modified or updated at any time, with or without notifying you of such changes. Your use of DA Net after such changes to the Terms will constitute your acceptance of the new Terms.
DA Net provides customers of Limo Anywhere (“LA Customers”) a fast, easy way to 1) create an account, 2) receive real-time pricing quotes, and 3) farm out rides to GroundLink (collectively, the “Services”). In order to be able to use the Services, you first need to sign up with DA Net within your Limo Anywhere software platform. When signing up, you are directed to provide certain account information. Upon successful completion of your signing up with DA Net, a personal account will be created, which will be active with DA Net as well as GroundLink. Due to the nature of the Services, your use of the Services constitutes your agreement to be bound by GroundLink’s terms and conditions, which are available at [INSERT LINK].
Of the rides farmed out to GroundLink via DA Net, GroundLink reserves the right to cancel any (i) not fewer than three (3) hours prior to the pick-up time, if the pick-up time is between 8:00 am local time and 12:59 am local time, (ii) before 10:00 pm local time, if the pick-up time is between 1:00 am local time and 7:59 am local time the following day.
Notwithstanding the above, of the rides farmed out to GroundLink three (3) hours or fewer prior to the pick-up time, GroundLink reserves the right to cancel any (i) not more than ten (10) minutes after the ride was farmed out, (ii) at any time if, after the farm-out, information is added to the reservation (e.g., and not limited to, flight information) which converts the reservation to “near demand.”
You have to be 18 years of age or older to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services.
2. Information Provided to The Companies.
Upon using the Services, you may be prompted to disclose certain personal information. Some of this information will be sent to GroundLink, which will need this information to provide an accurate price quote and to provide the car service. By providing this information, or by submitting a price quote request, you are requesting, and you expressly consent to being contacted by the Companies via phone, email or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, for the purposes of providing you with the Services, and reasonably addressing matters pertaining to your account and car service reservations. You agree that by using the Services, you are entering into a business relationship with the Companies, and thus agree to be contacted by the Companies and/or their partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Companies have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Companies have the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of the Services by persons to whom you intentionally or negligently allow access to your account.
3. Confidentiality of Customer Information.
Upon using the Services, you may be prompted to disclose certain confidential information about your personal customers, including but not limited to names and telephone numbers (the “Customer Information”). Such Customer Information is necessary to complete the car service as per GroundLink’s standard operational processes, and GroundLink will not request any information beyond what is considered necessary to successfully provide car service. GroundLink will not use the Customer Information for any purposes other than to complete Car Service as requested by you, and such Customer Information will never be used for solicitation purposes.
4. Use of the Services.
You agree that all of the content and information furnished to you during your use of the Services, including but not limited to the pricing and service information of GroundLink, is the sole and exclusive property of the Companies, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your use relating to your car service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Companies for any such damages, and will indemnify the Companies in the event of any third party claims against the Companies based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Services at any time. If it is determined or suspected by the Companies in their sole discretion that you are misusing or attempting to misuse the Services, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, the Companies reserve the right, in their sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. To knowingly input false information or someone else’s information, including but not limited to name, phone number, address or e-mail address, is a serious and fraudulent matter that could result in significant costs and damages to the Companies, privacy violations, and regulatory fines and penalties. Accordingly, if you knowingly input false information or someone else’s information in a car service request, you agree to fully indemnify and be liable to the Companies for the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful, and fraudulent activity, plus reasonable legal fees, costs and expenses relating thereto.
5. Representations and Warranties.
5.1 Warranties and Covenants. You and the Companies represent and warrant that will not: advertise or promote the other party’s logo in a manner that contains material that is defamatory, slanderous, libelous, or obscene.
5.2 Marks. You and the Companies shall have the right to use each other’s trademarks, service marks, trade names, logo, and trade dress (“Trademark”) in advertising, marketing, and promotional materials, provided that prior written consent is obtained by the party whose Trademark is being used. The party whose Trademark is being used shall have ten (10) business days to review, approve, or disapprove the materials.
Use of the Services is free of charge. The Companies reserve the right to introduce a fee for the use of the Services in the future. GroundLink (via DA Net) will charge you for the Car Service provided by GroundLink. You agree that you will pay for all Car Service you purchase from GroundLink, and that GroundLink (via DA Net) may charge your credit card account as provided by you when registering for the Services for such car service. You are responsible for the timely payment of all fees related to car service, and for providing GroundLink (via DA Net) with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
A hold may be placed on your credit card upon booking a reservation for car service, which will be released upon the completion of the ride. This hold may exceed the stated price for the reservation, in order to account for potential ancillary fees.
GroundLink (via DA Net) uses a third-party payment processor (the “Payment Processor”). The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. GroundLink is not responsible for any errors by the Payment Processor.
7. Car Service Price Quotes and Fees.
Car Service reservations made via the Services are completed by GroundLink. Any price quotes provided via the Services are subject to the terms and conditions of GroundLink, and may or may not include ancillary charges such as stops, waiting time, tolls, parking charges, and car seat charges, as well as any additional services requested by your personal customers during the provision of car service by GroundLink. You are liable for any additional or ancillary charges incurred during a ride, and GroundLink (via DA Net) will charge your credit card account for any such additional charges.
Use of the Services will be governed by the privacy policies of Limo Anywhere, and where applicable, GroundLink.
By accepting these Terms and using the Services, you agree that you shall defend, indemnify and hold the Companies and their affiliates, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including affiliated transportation providers arranged via the Services, or (c) your use or misuse of the Services.
The Companies shall not be liable for any damages resulting from the use of or inability to use) the Services (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the information, unless such damage is the result of any willful misconduct or from gross negligence on the part of the Companies.
The Companies shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Services, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
11. Invalidity of One or More Provisions.
The invalidity of any provision of these Terms shall not affect the validity of the other provisions of these Terms. If and to the extent that any provision of these Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these Terms.
The Companies may give notice to you by means of a general notice within the Limo Anywhere software platform, or by electronic mail to your email address on record in DA Net or Limo Anywhere’s account information, or by written communication sent by regular mail to your address on record in DA Net or Limo Anywhere’s account information.
You may not assign your rights under these Terms without prior written approval of the Companies.
14. Applicable Law and Dispute Resolution.
These Terms are subject to the laws of the state of New York. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services will be settled exclusively by the competent court in New York County, in the state of New York.
Given that there is no historic data for new accounts, they will be starting with 5% from the moment of the first booked reservation.