OFFER OF SERVICES
Subject to compliance with these terms and conditions (“Terms”), Taxelco grants you a limited right to:
- access and use: the Téo App on your personal device, our various websites and our concierge in connection with your use of our services;
- access and use of any information or content made available through our services;
in all cases solely for your personal, non-commercial use. Subject to availability, our services, the Téo App and our websites are provided to you “as is” and without any warranty whatsoever, including that each is exhaustive, secure or dependable.
USE OF TAXELCO SERVICES
Once you use any of our services through the Téo App, any of our websites, by reservation over the telephone or when you register for any of the foregoing, you will become a customer of Taxelco and you will be deemed to have accepted these Terms. If you do not agree with these Terms, you should stop using our services immediately.
As a customer of Taxelco, you agree:
- that all information and details provided by you to us when you use our services (including when you register to use the Téo App) are true, accurate and uptodate in all respects and at all times. If you have registered with us via the Téo App or one of our websites then you can update or correct your details at any time via the Téo App or the relevant website, respectively. If you have not registered via the Téo App or our websites, then please contact us if you wish to update or correct your details;
- that you will not use our services:
- for any purpose other than for the purpose for which they are provided to you;
- for any unlawful purpose;
- in any way that interrupts, damages, impairs or renders Téo’s services less efficient;
- to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;
- to decompile, reverse engineer or disassemble our services, except as may be permitted by applicable law;
- to transfer files that contain viruses, trojans or other harmful programs;
- to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
- to advertise or promote third party or your own products or services;
- that you will comply with these Terms and all applicable laws in force from time to time;
- that, if you access the Internet through any of our Wi-Fi access points, you will do so in accordance with the terms and conditions applicable to such access, which can be found here;
- to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
- if asked to do so, to provide proof of your identity to access or use our services, and understand that failure to do so may result in our denying you our services;
- to ensure that no one but you uses your account; you will be responsible for all uses of this account and if someone else accesses the Téo App or one of our websites using your details, we will rely on these details for all relevant transactions;
- to make payment in full for any ride you take and in respect of any other services that we provide to you;
- to treat drivers sent to you with respect and not to cause damage to our vehicles or engage in any unlawful, threatening, harassing, abusive behavior or activity while using our vehicles or any of our services;
- that your use of any of our services grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to our software, applications and website) or the intellectual property of our retail or advertising partners, other than the non transferable, personal right to use and receive our services in accordance with these Terms;
- and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of or service providers to or for any of our services. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via our website or at [email protected];
- to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
CHARGES AND PAYMENT
- We apply the tariffs determined by the Commission des transports du Québec for private transport by taxi in its decision of December 10, 2015, for all transportation services provided to you.
- When you register to use the Téo App or any of our websites, you will be given the option to preset a default “tip” percentage of your choosing. This will automatically be added to the fee at the end of each ride unless you choose to override it with a different tip amount or to remove the tip;
- Once you have completed a ride, your payment will be taken automatically and is nonrefundable. If you have any complaint in relation to the service provided, please contact us at [email protected] and we will resolve the dispute; do not attempt to resolve that dispute with the Taxelco driver directly.
- In relation to any ride arranged for you using any of our services, you agree to pay additional charges that apply (for example, where you then do not complete a ride or cancel an order when a vehicle has already been allocated to you or for any damage or cleaning costs to the vehicle due to you) as set out in more details here:
- Cancellation: We reserve the right to charge a $5 cancellation fee if you cancel an order after a driver and vehicle have been allocated to your job. View our Cancellation Policy here;
- Cleaning: You will be charged $50 if after your journey the vehicle requires cleaning; and
- Damage: You will be charged at cost for any damage to the vehicle caused by you.
RESTRICTIONS AND TERMINATION
- We may terminate any contract we have with you and/or close any account you have with us without prior notice. We may also terminate any contract we have with you and/or close any account you have with us without notice if you breach any of your obligations under these Terms, if bankruptcy or insolvency proceedings are brought against you. You shall still be obliged to make any payment for any of our services and/or in respect of any ride provided or reserved up to and including the termination date.
- We reserve the right to suspend, restrict or terminate your access to any of our services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or if a transaction appears fraudulent, illegal or criminal. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
- You are under no obligation to use any of our services and may simply choose to stop using any of them any time. You will be able to cancel your registration for the Téo App and cancel your account with us and/or to delete any details we hold about you by following the instructions on the Téo App, on our website or by contacting us at [email protected] . You shall still be obliged to make any payment for any of our services and/or any ride provided up to and including the time you decide to no longer use our services and/or the time you delete any details we hold about you. We may keep the payment details you have provided to us even if you have deleted them in order to recover from you any monies that you may owe.
OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
- We make no representations or warranties, express or implied concerning any of our services. You have certain rights under the law that we will respect. Nothing in these Terms is intended to affect these statutory rights. However, where possible to do so, we exclude and you waive all statutory warranties and rights that would otherwise be applicable.
- If you are dissatisfied with the Téo App, our websites or our services, you best recourse will be to stop using the Téo App, our websites or our services. In any event, we shall not be held liable for any loss that you may have suffered using the Téo App, our websites or our services, whether contractual (including if it results from a breach of these Terms) or not, resulting from your use or incapacity to use or have access to the services, the Téo App or our various websites or the services or content of other websites obtained through our various websites.
- We are not responsible for: (a) losses and/or damage not caused by our breach or that of our drivers; (b) the actions or inactions of other users of our services; (c) indirect losses which means losses and/or damage where you and us could not have reasonably anticipated that type of loss and/or damage arising at the time our services are provided to you; (d) failure to provide or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure); or (e) if a part or the whole of the Téo App, our various websites is not available at any time, for any reason and for any duration.
- You are responsible to ensure that any object or baggage transported using our services can do so safely and without damage to us, our vehicles or the object or baggage itself and that when leaving our vehicles you leave nothing behind; we shall not be responsible for any damage to such objects or baggage, for their loss or destruction.
- You recognize that the Internet is not a secure medium where privacy can be ensured. The transfer of data over the Internet, including personal and payment information is vulnerable to interception and counterfeit. We shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
- We do not guarantee that files downloaded from the Internet through our various websites or the Téo App will be exempt from viruses, trojans or other harmful programs. You should put appropriate protections in place and take steps to store a copy of your data allowing you to recover it if needed. We are not responsible for any damage or loss caused by a denial-of-service attacks, viruses, trojans or any other technological material that could infect your computer equipment, mobile device, programs or data due to your use of the Téo App or our various websites.
- We do not guarantee that our services will function on any particular hardware or device. Our services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Taxelco may, in its sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related from time to time to any of our services and/or to services provided by a third party, subject to any additional terms that we establish on a per promotional code basis. You agree that such promotional 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 us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such promotional codes; (v) have no cash alternative; and (vi) may expire prior to your use. Taxelco reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional codes by you or any other user in the event that we determine or believe that the use or redemption of such promotional code was in error, fraudulent, illegal, or in violation of the applicable promotional code terms or these Terms.
You agree that we may communicate with you by email, by telephone or by text message (SMS) as part of our normal business operations and your use of our services. We charge no fee for these communications, but you carrier may do so and we have no control over such fee. You may opt-out of receiving communications from us by communicating with us, but you agree that this may impact your use of the services.
We may allow you to submit, upload or publish through our services or otherwise textual, audio and visual content, including commentary and feedback in relation to our services so that such content may be used by Taxelco. If you provide such content to us, you also grant us a worldwide, irrevocable, perpetual, transferrable royalty-free license, with a right to sub-license to use such content in all formats and distribution channels without further notice to or consent from you. You agree to provide content that is not defamatory, libelous, hateful, violent, obscene, unlawful or otherwise offensive as determined by us in our sole discretion. Taxelco may monitor such content, and at its sole discretion, at any time and for any reason, may remove it without notice.
- We may transfer and/or assign our rights or obligations or subcontract our obligations under these Terms to another other party at any time and at our discretion. These Terms are personal to you. You may not transfer and/or assign and/or subcontract your rights or obligations under these Terms to anyone else.
- If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. Our delay in exercising our rights and remedies under these Terms or inaction shall not constitute a waiver of such rights and remedies.
- If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- These Terms are not intended to give rights to anyone except you and us.
- We are constantly looking for ways to improve and expand our services. We may amend these Terms from time to time in order to reflect changes and it is your responsibility to verify them regularly. You can terminate at any time as set out above.
- Our website sets out how you can contact us and you can also contact us at [email protected].
- We will do our best to resolve any disputes over these Terms. The laws of the province of Quebec and the federal laws applicable therein shall apply to these Terms and if you wish to take court proceedings against us you must do so before the Courts of the judicial district of Montreal and renounce to your rights, current and future, to contest forum.
- These Terms constitute the whole agreement between you and us and supersedes all previous negotiations, discussions, agreements (written or not) between the parties relating to this subject-matter.
These Terms are dated 31 December, 2015.
TAXELCO CANCELLATION POLICY
We aim to provide a fair deal for both passengers and drivers. For the service to work well for everyone, we rely on people keeping their promises.
When we assign a driver and vehicle to you, you have a right to expect that driver and vehicle to turn up, and when you call a driver and vehicle using the Téo App, any of our websites or our concierge service, the driver should expect that you will be at the pickup address.
Sometimes there are legitimate reasons for a cancellation, but if either party cancels without a fair reason, it is frustrating for the other person and we think it is reasonable for that behavior to be discouraged.
When a passenger cancels without good reason, we expect some small compensation to cover our expenses. For this reason, we have this cancellation policy.
If a driver and vehicle have not been confirmed, and you cancel, you will not be charged the cancellation fee.
If you cancel within 2 minutes of your driver and vehicle being confirmed, you will not be charged the cancellation fee.
If after 2 minutes of your driver and vehicle being confirmed you decide to cancel, we will let you know that you will be charged a cancellation fee of $5 should you choose to confirm your cancellation.
Our driver will wait for you at the point of pick-up for 3 minutes, before attempting to contact you. If you do not board the vehicle at the pickup location within 3 minutes of the driver and vehicle arriving, the driver will make contact with you using the information you provided to us and if you cancel or the driver is unable to contact you, the $5 cancellation fee will apply.
If you have not registered a card and incur a cancellation fee, we will require that you add a credit or debit card before you can reserve another driver and vehicle.
If you cancel after boarding the vehicle, you will be charged the amount appearing on the taxi meter once the driver can safely stop the vehicle to let you out.
This Cancellation Policy is dated 31 December, 2015.