These Terms and Conditions of Use (the or these “Terms”) govern the access or use by you, an individual of the mobile applications, websites, and other online products and services (collectively, the “Services”) made available by Luxy, Inc. and its corporate affiliates and subsidiaries (collectively, “Luxy”).
Please read these Terms carefully before accessing or using the Services. When you have reviewed these Terms, and reach the bottom of the Terms, you must confirm and acknowledge that you have read and considered the Terms. By clicking “Accept” to access the Services, you will have confirmed that you have reviewed these Terms, and your affirmative click 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, YOU WILL NOT HAVE ANY RIGHT TO ACCESS OR USE, OR ATTEMPT TO ACCESS OR USE, ANY OF THE SERVICES, AND, AS SUCH, PLEASE DO NOT ACCESS, OR ATTEMPT TO ACCESS, OR OTHERWISE USE, OR ATTEMPT TO USE, ANY OF THE SERVICES.
As used in these Terms:
- the words “including” and “include” mean “including, but not limited to”; and
- the word “or” the word “or” means “and/or”; and
- the word “person” means any individual, or any corporation, limited liability company, trust or other legal entity.
The Agreement expressly supersedes prior agreements or arrangements between you and Luxy. Luxy may terminate the Agreement, any of these Terms or any Services with respect to you, or cease offering or deny access to the Services or any portion thereof, at its sole discretion.
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 to which Luxy and you agree (via written or electronic/digital agreement, including click-through electronic/digital agreement) will be in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Agreed upon supplemental terms shall prevail over these Terms in the event of a conflict between these Terms and any such agreed upon supplemental terms with respect to the applicable Service(s).
Luxy may amend these Terms from time to time. Amendments will be effective upon Luxy’s posting of such updated Terms at this website or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after posting of any such amended Terms shall constitute your consent to be bound, and you shall thereupon be bound, by these Terms as so amended.
The Services constitute a technology platform that enables users of the Services to arrange and schedule transportation and/or logistics services (collectively, “Transport Provider Services”) between you and independent third-party transportation providers and third-party logistics providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses (collectively, “Transport Providers”). Unless otherwise agreed by Luxy in a separate agreement with you (via written or electronic/digital agreement, including click-through electronic/digital agreement), the Services are made available solely for your personal, noncommercial use. You acknowledge, agree and understand 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-transferrable license to: (i) access and use the Services on a mobile 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).
PROVISION OF THE SERVICES
You acknowledge and agree that portions of the Services may be made available by and under Luxy’s various brands associated with transportation or logistics. You also acknowledge and agree that the Services may be made available under such brands by or in connection with certain of Luxy’s subsidiaries and corporate affiliates or Transport Providers.
THIRD-PARTY SERVICES AND CONTENT
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 and/or Luxy’s termination of the Agreement. You shall be 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. Unless otherwise permitted by Luxy in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Transport Provider Services unless they are accompanied by you. 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 any Transport Provider or any other person or entity. 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 accepting these Terms and 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 by texting the word “STOP” from the mobile device receiving the messages. You acknowledge and agree 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 any Transport Provider Services, subject to any additional terms that Luxy establishes on a per promotional code basis (collectively, “Promo Codes”). You acknowledge and 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 in writing 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 mobile 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 cellular-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, and hereby disclaims any warranty (express or implied), 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 and agree that your use of the Services will result in charges to you for the Transport Provider Services (collectively, “User Payments”). After you have received Transport Provider Services obtained through your use of the Services, Luxy will facilitate your payment of the applicable User Payments on behalf of the Transport Provider, acting as such Transport Provider’s limited payment collection agent. Payment of the User Payments in such manner shall be considered the same as payment made directly by you to the applicable Transport Provider. User Payments will be inclusive of applicable taxes where required by law. User Payments paid by you are final and non-refundable, unless otherwise determined by Luxy, in its sole discretion. All User Payments are due immediately and payment will be facilitated by Luxy using the preferred payment method designated by you in your Account, after which Luxy will send you a receipt via the email address designated by you in your Account. You expressly acknowledge and agree that Luxy has the right to store your credit card number and associated credentials for future use. If your primary account payment method is determined by Luxy to be expired, invalid or otherwise not able to be charged correctly, you agree that Luxy may, as the Transport Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Luxy reserves the right to establish, remove and/or revise User Payments for any or all Transport Provider Services obtained through the use of the Services at any time in Luxy’s sole discretion. Luxy may from time to time provide certain Clients 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 User Payments applied to you. If you elect to cancel any Transport Provider Services 24 hours or more before such Transport Provider’s arrival, you will not be charged any cancelation fee. If you cancel within 6 hours of such Transport Provider’s arrival you will be charged the full amount as a cancellation fee. If cancelled between 6 hours and 24 hours prior to such Transport Provider’s arrival, you will be charged the full amount as a cancelation fee; however, you will receive a 100% credit for this amount, which you may apply to your next use of Luxy’s Services. Other fees apply for optional items or incidental charges.
The User Payment structure is intended to fully compensate the Transport Provider for the Transport Provider Services. Luxy does not designate any portion of your User Payment as a tip or gratuity to the Transport Provider. Any representation by Luxy (on Luxy’s website, in the mobile application, or in Luxy’s marketing materials) to the effect that tipping is “voluntary”, “not required” and/or “included” in the payments you make Transport Provider Services is not intended to suggest that Luxy provides any additional amounts, beyond those described above, to Transport Providers. You understand and agree that, while you are free to provide additional payment as a gratuity to any Transport Provider who or which provides you with Transport Provider Services obtained through the Services, you are under no obligation to do so. After you have received Transport Provider Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Transport Provider.
REPAIR OR CLEANING FEES
You acknowledge and agree that you are responsible for the cost of repair for damage to, or necessary cleaning of, any Transport Provider’s vehicles and property resulting from your use of Transport Provider Services obtained under your Account. In the event that a Transport Provider reports the need for repair or cleaning, such as a pet or service animal “accident”, and such repair or cleaning request is verified by Luxy, Luxy reserves the right to facilitate the payment of a fee for the cost of such repair or cleaning on behalf of the Transport Provider using your payment method designated in your Account. Such amounts will be transferred by Luxy to the applicable Transport Provider and are non-refundable. You further agree to indemnify and hold harmless Luxy from any claims arising from any damage, liability, cost or expense resulting from your use of Transport Provider Services obtained under your Account. Your obligations under this Section shall survive the termination or expiration of the Agreement and/or your use of the Service.
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 (collectively, the “Materials”), are the copyrighted works and/or other forms of intellectual property of Luxy or third parties who have authorized use of the Materials with respect to the Services.
You acknowledge and agree that you have no right to, and will not, modify, edit, alter, or enhance any of the Materials in any manner. Except as expressly stated herein, you acknowledge and agree that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
You understand and agree that all Materials are the proprietary property of Luxy or third-party licensors and are protected by copyright, trade secret, and other applicable laws.
Luxy may, in Luxy’s sole discretion, permit you from time to time 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 and/or Transport Provider Services, initiation of support requests, and submission of entries for competitions and promotions (collectively, “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, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Submissions 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 websites 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 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 Submissions may be protected by law. Luxy may, but shall not be obligated to, review, monitor, or remove Submissions, 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, and 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 acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Luxy, in advance, and in writing.
You agree not to use the Materials in any way that would compromise Luxy’s proprietary rights in the Materials. Without limiting any of the foregoing, you shall not deliver the Materials, 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 to the Services by any other person or entity.
Content with respect to the Services may be supplied by third parties and visitors to Luxy’s website(s). 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 Luxy’s website, 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 websites 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 websites. Luxy undertakes no obligation to monitor such websites, and you acknowledge and agree that Luxy is not responsible for the content of such sites, or any technical or other problems associated with any such third-party website, 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 make any Submissions or take any action that infringes or violates someone else’s rights or otherwise violates the law. Luxy can remove any content or information that you post if Luxy believes, in its sole discretion, that such content or information 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.
The Services are provided “as-is” and “as-available”. Luxy disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Luxy makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any Transport Provider Services, or that the Services will be uninterrupted or error-free. Luxy does not guarantee the quality, suitability, safety or ability of third-party providers or services thereof including Transport Providers and Transport Provider Services. You acknowledge and agree that the entire risk arising out of your use of the Services, and any Transport Provider Services requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. The limitations and disclaimers in this Section shall survive the termination or expiration of the Agreement and/or your use of the Service.
LIMITATION OF LIABILITY
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, including Transport Providers, and any services received by you in connection therewith, including Transport Provider Services, 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 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) and (b) the User Payment applicable to the Services from which such liability arose.
The Services may be used by you to request and schedule Transport Provider Services with Transport Providers, but you agree that Luxy has no responsibility or liability to you related to any Transport Provider Services provided to you by Transport Providers or other services provided by other third-party providers.
The limitations and disclaimers in this Section do not purport to limit liability or alter your rights as a consumer that cannot be excluded or waived under applicable law. The limitations and disclaimers in this Section shall survive the termination or expiration of the Agreement and/or your use of the Service.
You agree to indemnify and hold Luxy and its officers, directors, employees, and agents harmless from and against 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 other services obtained through your use of the Services, including Transport Provider 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 Transport Providers. Your obligations under this Section shall survive the termination or expiration of the Agreement and/or your use of the Services.
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 Luxy 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.
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 (i) prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, or (ii) otherwise enforce these Terms. 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. This “dispute resolution” section will survive any termination of the Agreement and/or your use of the Service.
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 www.adr.org/arb_med 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 www.adr.org/aaa/showpdf?doc=adrstg_004175. A separate form for California residents may be found at www.adr.org/aaa/showpdf?doc=adrstg_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state 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.
ARBITRATION LOCATION AND PROCEDURE
Unless you and Luxy otherwise agree in writing, the arbitration will be conducted in Fairfield County, Connecticut. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Luxy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA rules. Subject to the AAA rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA rules.
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. If (a) you are not a U.S. citizen, (b) you do not reside in the U.S., (c) you are not accessing the Services from the U.S., and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from the Agreement shall be governed by the applicable law set forth in the next sentence, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to the Agreement is that law known as the United Nations Convention on the International Sale of Goods.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to Luxy, Inc. at 30 Controls Drive, Shelton, CT 06484.
Luxy may give notice to you by means of a general notice on the Service, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the 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, Shelton, CT 06484.
You may not assign the Agreement without Luxy’s prior written approval. Luxy may assign these terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquiror 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, on the one hand, and Luxy or any third-party provider including Transport Providers, on the other hand, as a result of this Agreement or use of the Services or any Transport Provider Services.
If any provision of the Agreement 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 shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Luxy in writing.
These Terms shall be binding upon the successors, heirs and assigns of the parties.
You acknowledge and agree that any breach of your obligations under the Agreement with respect to the proprietary rights or confidential information of Luxy or any of its licensors will cause Luxy irreparable injury for which the remedies at law are inadequate and therefore Luxy is entitled to immediate equitable relief in addition to all other remedies provided by the Agreement or available at law or in equity.
The rights and remedies of Luxy and you provided for under this Agreement are neither exclusive nor mutually exclusive, and each of Luxy and you shall be entitled to resort to any such rights and remedies, or any other remedy available to Luxy or you at law or in equity, or some or all in any combination, at each of their discretion.
In addition to all other provisions of the Agreement which expressly survive termination/expiration of this Agreement/or your use of the Services, or those provisions of the Agreement whose context requires such survival, or would reasonably be construed as surviving, shall survive termination/expiration of the Agreement and/or your use of the Services.