Please read these terms carefully before accessing or using the Services. Your access and/or use of the Services constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and LUXY. (as so agreed, the “Agreement”).
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THE SERVICES OR ANY INFORMATION CONTAINED IN OR ON THE SERVICES. YOUR USE OF THE SERVICES SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT, TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
These Terms expressly supersede prior agreements or arrangements with you and LUXY. LUXY may terminate these terms or any services with respect to you, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
Supplemental terms may apply to certain services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
LUXY may amend these Terms at any time at its discretion. Amendments will be effective upon LUXY’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of the Services to arrange and schedule transportation and/or logistics services with third-party providers, including independent third-party transportation providers and third-party logistics providers under agreement with LUXY (“Third-Party Providers”). Unless otherwise agreed by LUXY in a separate written agreement with you, the services are made available solely for your personal, noncommercial use. You acknowledge that LUXY does not provide transportation or logistics services or function as a transportation carrier.
Subject to your compliance with these terms, LUXY grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to; (i) access and use the applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LUXY and/or LUXY’s licensors. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately erase or otherwise destroy any downloaded and printed Materials (as defined below).
You agree not to remove any copyright, trademark, or other proprietary notices from any portion of the services.
You agree not to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by LUXY.
You agree not to adjust, alter, modify, decipher, make derivative works of, disassemble, or reverse engineer the Services, or any code or documentation furnished by us in connection with the Services.
You agree not to link to, mirror, or frame any portion of the Services.
You agree not to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
You agree not to attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You agree to use the Services for lawful purposes only.
PROVISION OF THE SERVICES
OWNERSHIP AND SUBMISSIONS
All information and materials contained in the Services, including but not limited to, text, trademarks, logos, graphics, images, “look and feel”, and code of any kind (the “Materials”), are the copyrighted works and other forms of intellectual property of LUXY or third parties who have authorized use of the Materials with respect to the Services.
Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
You understand that all Materials are the proprietary property of LUXY or third-party licensors and are protected by copyright, trade secret, and other applicable laws.
In its sole discretion, LUXY may permit you to submit, upload, publish, or otherwise make available to LUXY through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions (“Submissions”). Any Submissions provided by you remains your property. However, by providing Submissions to LUXY, you grant LUXY a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LUXY’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Submissions or you have all rights, licenses, consents, and releases necessary to grant LUXY the license to the Submissions as set forth above; and (ii) neither the Submissions nor your submission, uploading, publishing or otherwise making available of such Submissions nor LUXY’s use of the user content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Submissions that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LUXY in its sole discretion, whether or not such material may be protected by law. LUXY may, but shall not be obligated to, review, monitor, or remove user content, at LUXY’s sole discretion and at any time and for any reason, without notice to you.
You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of LUXY or third-party licensors, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “goodwill” of LUXY or third party licensors.
You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to others, except with the prior written permission of LUXY.
Unless expressly indicated otherwise herein by LUXY, even if you have previously obtained LUXY’s written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from the Services.
Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the submissions of any party.
Content with respect to the Services may be supplied by third parties and visitors to the Site. Accordingly, LUXY has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Site, are those of the respective parties and not necessarily those of LUXY. Neither LUXY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
There may be links established between the Services and other electronic sites or locations which are not under the control of or maintained by, LUXY. Such links do not necessarily constitute an endorsement by LUXY of those sites. LUXY undertakes no obligation to monitor such sites, and you agree that LUXY is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Services, you will immediately discontinue such link upon receiving written notice from LUXY of its objection to any such link.
You agree to not post content or take any action that infringes or violates someone else’s rights or otherwise violates the law. LUXY can remove any content or information you post if we believe that it violates these Terms. You will not use LUXY’s copyrights or trademarks or any confusingly similar marks, without LUXY’s prior written consent. You agree not to collect information from users without the prior written consent of such users and LUXY.
USER REQUIREMENTS AND CONDUCT
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (an “Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to LUXY certain personal information, such as your name, address, mobile phone number, email address, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or LUXY’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you agree to only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages. You may opt out of receiving text (SMS) messages from LUXY at any time. You acknowledge that opting out of receiving text (SMS) messages may negatively impact your use of the Services.
LUXY may, in LUXY’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a third-party provider’s Services, subject to any additional terms that LUXY establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by LUXY; (iii) may be disabled by LUXY at any time for any reason without liability to LUXY; (iv) may only be used pursuant to the specific terms that LUXY establishes for such Promo Codes; (v) are not valid for cash; and (vi) may expire prior to your use. LUXY reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that LUXY determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. LUXY does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You understand that use of the Services may result in charges to you for the Services or goods you receive from a third-party provider (“Charges”). After you have received Services obtained through your use of the Services, LUXY will facilitate your payment of the applicable Charges on behalf of the third-party provider, as such third party provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the third-party provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by LUXY. All Charges are due immediately and payment will be facilitated by LUXY using the preferred payment method designated in your account, after which LUXY will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that LUXY may, as the third party provider’s limited payment collection agent, use a secondary payment method in your account, if available.
As between you and LUXY, LUXY reserves the right to establish, remove and/or revise Charges for any or all Services or goods obtained through the use of the Services at any time in LUXY’s sole discretion. LUXY may provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a third-party provider at any time prior to such third-party provider’s arrival, in which case you may be charged up to the full cost of the Services.
This payment structure is intended to fully compensate the third-party provider for the Services provided. A standard gratuity of 18% to your driver is included in the Charge of Services paid at the time of booking. This payment includes taxes if applicable, gratuity, and tolls if applicable. Any changes or modifications to your Services prior to, during, or after you have received Services may incur additional Charges. After you have received Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your third-party provider.
REPAIR OR CLEANING FEES
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, third-party provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a third party provider reports the need for repair or cleaning, and such repair or Cleaning request is verified by LUXY at LUXY’s reasonable discretion, LUXY reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the third party provider using your payment method designated in your account. Such amounts will be transferred by LUXY to the applicable third-party provider and are non-refundable. You further agree to indemnity and hold harmless LUXY from any claims arising from such damage.
LIMITATION OF LIABILITY
LUXY’s Services may be used by you to request and schedule transportation, goods, or logistics services with third-party providers, but you agree that LUXY has no responsibility or liability to you related to any transportation, or logistics Services provided to you by third-party providers other than as expressly set forth in these terms.
LUXY shall not be liable for 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 resulting from any use of the Services, even if LUXY has been advised of the possibility of such damages. LUXY shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider, even if LUXY has been advised of the possibility of such damages. LUXY shall not be liable for delay or failure in performance whatsoever. Without to prejudice to the limitation of LUXY’s liability hereunder, in no event shall LUXY’s total liability to you in connection with the services for all damages, losses and causes of action exceed the lesser of (a) five hundred US dollars (US$500) or the Charges applicable to the Services from which such liability arose.
The limitations and disclaimer in this Section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold LUXY and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or Services or goods obtained through your use of the Services; (ii) your breach or violation of any of these terms; (iii) LUXY’s use of Submissions; or (iv) your violation of the rights of any third party, including third-party providers.
You agree that 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 (collectively, “disputes”) will be settled by binding arbitration between you and LUXY, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and LUXY are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and LUXY otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “dispute resolution” section will be deemed void. Except as provided in the preceding sentence, this “dispute resolution” section will survive any termination of these terms.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (the AAA rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. (the AAA provides a form demand for arbitration at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf and a separate form for California residents at https://www.adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules.
Notwithstanding the provisions of the modification-related provisions above, if LUXY changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these terms), you may reject any such change by providing LUXY written notice of such rejection by mail or hand delivery to: LUXY Technologies, Inc, 30 Controls Drive, Suite 2, Shelton, CT, 06484 USA, or by email from the email address associated with your account to: firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “last updated” date. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this dispute resolution section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LUXY in accordance with the provisions of this dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these terms).
CHOICE OF LAW
These terms are governed by and construed in accordance with the laws of the state of Connecticut, USA, without giving effect to any conflict of law principles.
LUXY may give notice by means of a general notice on the services, electronic mail to your email address in your account, or by written communication sent by first-class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to LUXY, with such notice deemed given when received by LUXY, at any time by first class mail or pre-paid post to 30 Controls Drive, Suite 2, Shelton, CT, 06484 USA.
You may not assign these Terms without LUXY’s prior written approval. LUXY may assign these Terms without your consent to; (i) a subsidiary or affiliate; (ii) an acquirer of LUXY’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, LUXY, or any third-party provider as a result of this agreement or use of the services. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. LUXY’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LUXY in writing.