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1.0 Introduction In these Traveler Terms of Use (hereafter “User Terms”), capitalized words, phrases, and acronyms shall have the meaning given to them below. Capitalized words, phrases, and acronyms used in these User Terms that are not defined shall have their ordinary meaning.Driver – the person executing the Ride, employed by or operating on behalf of the Transtur.Account – Your personal account to make and manage Journeys.IP Rights – all registered and unregistered intellectual and industrial property rights (whether registrable or not) recognized as such in any jurisdiction, including patents, utility models, trademarks, service marks, business and trade names and rights in domain names, logos, get-up (including any and all goodwill associated with or attached to same) designs, copyrights, database rights, and all similar or equivalent rights protecting inventions, discoveries, technology, know-how, trade secrets, expertise, methodologies, or any creative, artistic, or industrial works or information, together with all applications and rights to apply for registration of any such rights anywhere in the world, whether presently existing or created in the future, and the right to enforce past infringements of the same.Journey – a reservation for Transportation Services.Platform – the CubaDriver technology connecting You and the Transtur-TaxiCuba/Driver.Ride – the transfer from the Pickup Location, as defined in the Transportation Terms, to the Drop-off Location, as defined in the Transportation Terms.Services – the access and use of the Account and Platform and their content, products, and services that enable You to pre-book Transportation Services with TaxiCuba, Transtur’s, CubaDriver or "We," "Us," and "Our(s)" - CubaDriver Inc.Transtur – the independent third-party transportation company that provides the Transportation Services.Transportation Service – the transportation service Transtur’s provide in their own name to You and the Travellers.Traveller – person(s) who actually makes use of the Ride.You or Your – You, the person using the Services. 2.0 Contractual Relationship 2.1 These User Terms govern Your access and use of the Services. 2.2 Your access and use of the Platform constitutes Your acceptance of these User Terms, which establishes a direct contractual relationship between You and Us in relation to the use of the Services. If You do not agree to these User Terms, You may not access the Platform or use the Services. 2.3 You acknowledge that We do not provide Transportation Services or function as a transportation provider. All Transportation Services are provided by Transtur’s, being independent third party providers. 2.4 We may amend these User Terms from time to time. Amendments will be effective upon Us publishing such updated User Terms. Your continued access or use of Services after such publishing constitutes Your consent to be bound by the User Terms, as amended. 3.0 Service and License 3.1 Subject to Your compliance with these User Terms, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:(i) access and use the Services on Your personal device solely in connection with making Journeys; and(ii) access and use any content, information and related materials that may be made available through the Services.Any rights not expressly granted herein are reserved by Us and/or Our licensors. 3.2 The Services and all IP Rights therein are and shall remain Our property or Our licensors’. Neither these User Terms nor Your use of the Services convey 4.0 Restrictions You are not allowed to: Remove any intellectual property right notices from any part of the Services.Reproduce, modify, prepare derivative works based on, distribute, sublicense, lease, sell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by CubaDriver.com.Decompile, reverse engineer or disassemble the Platform, except as may be permitted by applicable law.Link to, mirror or frame any portion of the Services.Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform.Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.Use the Platform to cause nuisance, annoyance, inconvenience or make fake bookings.Use the Service or the Platforms for purposes other than obtaining transportation services. 5.0 Your Use of the Services 5.1 In order to use most aspects of the Services, you may need to register an Account. Account registration requires you to submit certain personal information and documentation, as further detailed in the registration process. You agree to maintain accurate, complete, and up-to-date information in your Account. 5.2 CubaDriver.com processes your personal information in connection with the Services in accordance with its Customer Privacy Policy, which can be found on the Platform. 5.3 Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. 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. 5.4 You may not assign or otherwise transfer or grant access to your Account to any other person or entity. 5.5 You will be responsible for all costs incurred under your Account, regardless of your awareness of such cost or the amounts thereof. 6.0 Third Party Services and Content 6.1 The Services may be made available or accessed in connection with third-party services and content (including advertising) that CubaDriver.com does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. CubaDriver.com shall not be responsible or liable for any products or services of such third-party providers. 7.0 User-Provided Content 7.1 CubaDriver.com may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available through the Services textual, audio and/or visual content and information, including commentary and feedback related to the Services and transportation services, initiation of support requests, and submission of entries for competitions and promotions (hereafter “User Content”). Any User Content provided by you remains your property. However, by providing User Content to CubaDriver.com, you grant CubaDriver.com a worldwide, perpetual, irrevocable, transferable, 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 User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. 7.2 You represent and warrant that(i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant CubaDriver.com the license to the User Content as set forth above and(ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor Our use thereof 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. 7.3 By using CubaDriver.com, you agree not to post any User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive or inappropriate, as determined by us in our sole discretion. We may review, monitor, or remove User Content at any time and for any reason, without notice to you. 8.0 Communication 8.1 By submitting your contact details, you agree that we, the Transtur, and/or Driver may communicate with you (e.g., via Whatsapp or SMS) as part of your use of our Services. 9.0 Network Access and Devices 9.1 You are responsible for obtaining the data network access necessary to use our Services. Your mobile provider may charge fees if you access or use our Services from a wireless-enabled device, and you shall be responsible for such rates and fees. We do not guarantee that our Services, or any portion thereof, will function on any particular hardware or devices. In addition, our Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 10.0 Limitation of Liability 10.1 Our Services are provided "as is." We have an effort obligation and do not have a result obligation. We disclaim all representations and warranties not expressly set out in these User Terms, including implied warranties of fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of our Services or that our Services will be uninterrupted or error-free. 10.2 We shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damage, including lost profits, lost data, personal injury, or property damage related to, in connection with or otherwise resulting from any use of our Services. 10.3 We shall not be liable for any damage, liability or losses arising out of (i) your use of or reliance on our Services, (ii) your inability to use or access your Account, the Services and (iii) an agreement between you and a Transtur, even if advised of the possibility of such damage. 11.0 Indemnity 11.1 You agree to indemnify and hold us and our 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 our Services, including your Account and/or Platform;(ii) your breach or violation of any of these User Terms and/or(iii) your violation of the rights of any third party, including Transtur's. 12.0 Dispute Resolution 12.1 We aim to resolve disputes amicably, but if that does not work and to the extent permitted by applicable law, any dispute resolution will be governed by Dutch law under the jurisdiction of the competent courts of Amsterdam, the Netherlands. 13.0 Cancellation and Refund Policy 13.1 All details regarding cancellation and refund policies will be addressed and available on the designated Refund Policy page. Customers are encouraged to review these policies thoroughly to ensure understanding and compliance prior to making any service bookings.
