Welcome to Signature Chauffeured Cars
TERMS & CONDITIONS (FOR WEB)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE, THE SERVICES, OR THE MOBILE APP. BY USING THE WEB SITE AND SERVICES YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE, AND SERVICES ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE, AND SERVICES ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. FLEXI TRANSFERS MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE AND SERVICES APP AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE AND SERVICES
2. Use of the Web Site AND THE SERVICES: You may only use the Web Site, the Services, and the Mobile App in accordance with the Terms of Use, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site and Services (a) transmit any material that infringes or misappropriates any third party's copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner's consent, (d) use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Web Site, the Services, or the Mobile App, or any part thereof, or other accounts, computer systems or networks, through login password mining or any other means, (h) frame any portions of the Web Site and services within another web site or establish links from any other web site to any page of the Web Site other than the home page or (i) resell use of, or access to, the Web Site and services to any third party without Signature Chauffeurs’ prior written consent. Signature Chauffeurs reserves the right to terminate your access to the Web Site, the Services, or the Mobile App at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.
3. Mobile Charges. You are responsible for payment of any costs or expenses incurred. Including any operator network and roaming charges. Please check with your service provider for details.
4. ID Number, Password and Security. You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Signature Chauffeurs for use in connection with the Web Site and Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify Signature Chauffeurs immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site and Services SIGNATURE CHAUFFEURS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
5. Services. Signature Chauffeurs’ provision to you of the Services may be subject to other terms, conditions and restrictions posted on the Web Site or otherwise communicated in writing to you by Signature Chauffeurs, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to the Frequently Asked Questions page and/or Service Terms of Use page for more information.
6. Proprietary Rights and Communication with SIGNATURE CHAUFFEURS.
(i) The Web Site and the Mobile App, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Web Site and Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Web Site and services by Signature Chauffeurs International and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site and Services, or any other Signature Chauffeurs or licensor owned intellectual property without Signature Chauffeurs’ prior permission; provided, however, that you may download or print a copy of information from the Web Site for your use in learning about, reserving, or using the Services.
(ii) Excepting any suggestions, ideas, enhancement requests, feedback, recommendations or any other information deemed proprietary and detailed above in (6), any other communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
7. Third Party Applications. The Web Site and services may enable you to link or connect you to use functionalities of third party applications, services or sites that are not owned or controlled by Signature Chauffeurs (“Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. Signature Chauffeurs has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Web Site and services. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.
8. Warranty Disclaimer. THE WEB SITE, SERVICES AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE AND SERVICES INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY SIGNATURE CHAUFFEURS ON AN "AS IS" BASIS, AND NEITHER SIGNATURE CHAUFFEURS NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE AND SERVICES IN ADDITION, SIGNATURE CHAUFFEURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER SIGNATURE CHAUFFUERS NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE AND SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
9. Limitation of Liability. IN NO EVENT WILL SIGNATURE CHAUFFEURS, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE AND SERVICES, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE AND SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SIGNATURE CHAUFFEURS KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIGNATURE CHAUFFEURS AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE AND SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO SIGNATURE CHAUFFEURS FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that Signature Chauffeurs has agreed to provide the Web Site and Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
10. Indemnification. You agree to indemnify and hold Signature Chauffeurs, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys' fees) arising from any third-party claims arising from or related to your use of the Web Site, Services, or your violation of the Terms of Use or the Privacy Policy.
11. Payment. Signature Chauffeurs uses a third-party payment processor (the “Payment Processor”) to link your credit card account to pay for the Services booked on the Web Site. The processing of payments or credits, as applicable, in connection with your use of the Web Site, the Services, and the Mobile App will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. Signature Chauffeurs is not responsible for any errors by the Payment Processor. In connection with your use of the Web Site and services, Signature Chauffeurs will obtain certain transaction details, which Signature Chauffeurs will use solely in accordance with the Privacy Policy.
12. Privacy. Signature Chauffeurs takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy.
13. Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
14. Waiver; Remedies. The failure of Signature Chauffeurs to partially or fully exercise any rights or the waiver of Signature Chauffeurs of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Signature Chauffeurs or be deemed a waiver by Signature Chauffeurs of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Signature Chauffeurs under these Terms of Use and any other applicable agreement between you and Signature Chauffeurs shall be cumulative, and the exercise of any such right or remedy shall not limit Signature Chauffeurs’ right to exercise any other right or remedy.
15. International Access. The Web Site and Services are provided from the Australia and all servers that make it available reside in Australia. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site and Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of Australia
16. Arbitration. Any and all disputes pursuant to these Terms of Use, or otherwise between the parties, shall be submitted to binding arbitration in Australia accordance with the commercial rules of the Australia Centre of International Commercial Ambition ("ACICA") then in effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy in less than $25,000, otherwise the panel shall consist of three (3) neutral arbitrators, each an attorney with at least five (5) years of experience in the primary area of law as to which the dispute relates. The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties. Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit Signature Chauffeurs’ right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site and Services.
17. Governing Law. The laws of Australia shall govern these Terms of Use. Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN AUSTRALIA COUNTY, AUSTRALIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE AND THE SERVICE.
18. Force Majeure. Signature Chauffeurs shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site and The Services provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, infectious diseases, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Signature Chauffeurs.
19. Entire Agreement. These Terms of Use and the other policies and terms posted on the Web Site set forth the entire agreement between you and Signature Chauffeurs on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.
20. Questions. Should you have any questions regarding these Terms of Use you may contact us at [email protected] Notwithstanding the foregoing, Signature Chauffeurs is under no obligation to provide technical support for the Web Site and the Service.