Last update: 2 August 2017

TUTUS BV

TERMS AND CONDITIONS

1. Contractual Relationship

These Terms of Use ("Terms") determine your use or access, which is provided by a person from any country in the world to applications, websites, content, products and services (the "Services") provided by Tutus BV, a company With limited liability established in the Netherlands, with registered office in Marathon 1-J, at (1213 PA) Hilversum, The Netherlands, known under Trade Registry No. 68289766 ("Tutus").

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ACCESS TO OR USE OF THE SERVICES.

Your access to and use of the Services constitutes your agreement to be bound by these Terms and Conditions, and includes a contractual relationship between you and Tutus. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or agreements with you. Tutus may immediately terminate these Terms or Service with respect to you, or generally discontinue granting or refusing access to the Services or any portion thereof, at any time and for any reason.

Additional terms may apply only to certain Services, such as policies for a specific event, activity or promotion, and these additional terms will be made public to you regarding the applicable Services. The supplementary terms are in addition to, and will be deemed to be part of the Terms for the purposes of the applicable Services. The Additional Terms will prevail over these Terms in the event of a conflict with the applicable Services.

Tutus may change the Terms of Service from time to time. Changes will take effect after Tutus has notified of such modified Terms at this location or the amended policies or additional terms on the applicable Services. Your continued access to or use of the Services after such placement is your consent to be bound by these Terms, as amended.

Our collection and use of personal information relating to the Services is governed by Tutus's Privacy Policy and is available at www.tutustaxi.com/en-US/Terms-And-Conditions. Tutus may provide any possible necessary information to a claim processor or an insurer (including your contact information) in case of a complaint, dispute or conflict, including an accident related to you or an external supplier (including a transportation carrier) and such information and data is necessary to Complaint, dispute or conflict.

2. The Services

The Services include a technology platform provided through the mobile applications and websites provided by Tutus as part of the Services (each an "Application") taxi and / or logistics services and plans with independent third-party providers of such services, including Independent external transport companies and independent external logistics companies in agreement with Tutus or its affiliated companies ("External Suppliers"). Unless otherwise agreed by Tutus in a separate written agreement with you, the Services are only made available for your personal, non-commercial use. YOU ACKNOWLEDGE THAT TUTUS MAKES NO TAXI TRANSPORT OR LOGISTIC SERVICES OR ACTIVES AS A TAXI TRANSPORT COMPANY AND THAT SUCH TRANSPORT OR LOGISTIC SERVICES ARE SUPPLIED BY INDEPENDENT EXTERNAL CONTRACTORS NOT WORKING FOR TUTUS OR HER ASSOCIATED COMPANIES.

License

Subject to your compliance with these Terms, Tutus grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (I) access and use the Applications on your personal device solely with Relating to your use of the Services; And (ii) access to and use of any content, information and related materials that may be made available by the Services, in any event, solely for your personal, non-commercial use. All rights not expressly granted herein are reserved to Tutus and its licensors.

Restrictions

You may not: (I) remove any copyright, trademarks or other proprietary rights from any part of the Services; (II) Do not reproduce, modify, distribute, distribute, distribute, license, lease, sell, resell, transfer, disclose, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted By Tutus; (III) do not decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (IV) not referring to, mirroring or framing a part of the Services; (V) do not start or cause programs or scripts for the purpose of unnecessarily aggravating or obstructing the collection, indexing, retrieval, or otherwise of data elements of any part of the Services or the activity and / or functionality of any part of the Services; Or (VI) not attempting to gain or impede unauthorized access to any part of the Services and related systems or networks.

Third Party Services and Content

The Services may be made available or consulted with respect to third party services and content (including advertising) beyond which Tutus has no control. You acknowledge that the different terms of use and privacy policies may apply to your use of such third party and content services. Tutus does not share such services of third parties and content, and under no circumstances will Tutus be held liable or liable for any of the products or services of such external suppliers. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their applicable international subsidiaries and affiliated companies are third party beneficiaries in this contract when you access the Services and use Applications designed for Apple IOS, Android, Microsoft Windows or Blackberry. These external beneficiaries are not parties to this contract and are not responsible, in any way, for providing Service Support. Your access to these Services by using these devices is subject to conditions contained in the applicable, external service terms of the beneficiary.

Ownership

The services and all rights therein shall be and remain the property of Tutus or the property of the licensors of Tutus. Neither these Terms nor your use of the Services grants you any rights: (I) on or in respect of the Services except for the above-mentioned limited license, or (ii) the use or reference in any way to company names , Logos, product or service names, trademarks or service marks of Tutus or its licensors.

3. Access and Use of the Services

User Accounts

In order to use all of the Services, you must register and have an active personal account ("account"). You must be at least 18 years old, or the age of legal majority in your jurisdiction (if this is not 18) to obtain an account. To register your account, you must submit certain personal information to Tutus, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either credit card or accepted payment partner). You agree to display accurate, full and recent information in your account. If you do not have accurate, full and recent account information, including an available invalid or expired payment method, this may result in blocking access and use of the Services or termination of the Tutus Agreement with you. You are responsible for any activity arising under your Account, and you agree to keep your account username and password at all times confidential. Unless otherwise authorized by Tutus, you may only have one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18 years. You may not authorize any third party to use your account and you may not allow persons under the age of 18 to receive third party taxi transport or logistics services unless they are accompanied by you. You may not assign or otherwise transfer your account to other persons or entities. You agree to all applicable laws when using the Services, and you may use only the Legal Services (eg, no transport of illegal or hazardous substances). During your use of the Services, you will not cause any nuisance, inconvenience, inconvenience or property damage to both the External Supplier and any other party. In some cases, you may be asked to provide an ID to access or use the Services, and you agree that you may deny access to or use of the Services if you refuse to hold an ID provide.

Text Messaging and Telephone Calls.

By creating an account, you agree that the Services may send you informative text messages (SMS) as part of the normal operation of your use of the Services. You can unsubscribe from receiving Tutus text messages (SMS) at any time by sending an email to support@tutus.com, indicating that you no longer wish to receive such messages along with a phone number of The mobile device on which the text messages are received. You acknowledge that unsubscribe from receiving text messages (SMS) may affect your use of the Services.

Referrals and Promotional Codes.

Tutus may, in its own discretion, design promotional codes that may be redeemed for account credit, or other features or benefits related to a Third-party Services and / or Services subject to additional terms set by Tutus by separate promotional code ("Promotional codes"). You agree that the Promotion Codes: (I) must be used for the targeted and intended purpose, and legally; (II) may not be duplicated, sold or transferred in any way, or made available to the general public (neither publicly or otherwise), unless expressly permitted by Tutus; (III) at any time may be disabled by Tutus for any reason whatsoever and without liability of Tutus; (IV) may only be used in accordance with the specific terms set by Tutus for such promotional codes; (V) cannot be converted into cash; and (VI) may expire before your use. Tutus reserves the right to withhold or deduct credit or other features or benefits derived from the use of Promotion Codes by you or any other user in the event that Tutus determines whether the use or redeem of the promotional code is mistaken. , Fraudulent, illegal or violated the applicable terms of Promotion Code or these Terms.

User Provided Content

Tutus may, at Tutus’s discretion authorize you from time to time to submit textual, audio, and / or visual content and information, including comments and feedback regarding the Services, initiation of support requests and submissions of competitions and promotional projects. Serve, upload, publish or otherwise make available to Tutus through the Services. ("User Content"). Any User Content provided by you will remain your property. By providing the Tutus User Content, you grant Tutus a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, derivate such work, distribute, publicly disclose such User Content. Show, publicly perform, or exploit in all formats and distribution channels that are now known or which would be developed later (including Tutus Services and Activities and External Websites and Services) without further Notification to or your consent, and without any obligation to you or any other person or entity.

You hereby warrant and represent that: (I) you are the sole and exclusive owner of all User Content, or you have all rights, licenses, permissions and necessary releases to grant Tutus the User Content License as set forth above; And (II) neither the Content, nor your submission, uploading, publishing or otherwise making available such User Content, nor the use of the User Content by Tutus as permitted herein, is an infringement, inappropriate or violation Of intellectual property or proprietary rights, as well as publication or privacy rights, from third parties, or will result in violation of applicable laws or regulations.

You agree not to provide User Content that is defamatory, smashing, hateful, violent, obscene, pornographic, illegal, or otherwise objectionable, as determined by Tutus at its sole discretion, regardless of whether or not this material is legally protected. Tutus may, but will not be obliged to review, review or remove User Content at its sole discretion at any time, for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining access to the data network, necessary for using the Services. Your mobile network data and SMS rates and charges may apply if you access or use the Services through a wireless device and you are responsible for such rates and charges. You are responsible for purchasing and updating compatible hardware or devices necessary for accessing and using the Services and Applications and any additional updates. Tutus does not warrant that the Services, or any part thereof, will work on certain hardware or devices. In addition, the Services may be subject to interruptions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that the use of the Services may lead to costs for the services or goods you receive from an External Supplier ("Cost"). After receiving any services or goods obtained by your use of the Service, Tutus will send your payment of applicable costs on behalf of the External Supplier in the capacity of an external and limited debt collection agent. Payment of the Costs in such manner is considered equivalent to a direct payment from you to the External Supplier. The costs are inclusive of applicable taxes if required by law. The costs you pay are final and non-refundable, unless otherwise determined by Tutus.

All costs are immediately due and payment will be made possible by Tutus using your preferred payment method in your account, after which Tutus will send you an e-mail receipt. If the main payment method on your Account has been terminated, is invalid or is invalid, you agree that, as an external debtor, Tutus may use a Secondary Payment Method in your Account, if available.

In accordance with the agreement between you and Tutus, Tutus reserves the right to determine, cancel and / or review costs for any or all services and goods obtained through the use of the Services, at any time in its sole discretion by Tutus. You acknowledge and agree that applicable Costs in certain geographical areas may be significant at times of strong demand. Tutus will make reasonable efforts to inform you about Costs that may apply, provided you are responsible for the costs incurred by your account, regardless of whether you were aware of such costs or their amount. Tutus may from time to time provide certain users with promotional offers and discounts that may lead to different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and rebates, unless made available to You will not affect your use of the Services or the fees charged to you. You can choose to cancel your application for services and goods from an External Provider at any time prior to the arrival of the External Supplier, and in that case you can charge a cancellation fee.

This payment structure is intended to fully compensate the External Provider for the services or goods delivered. Except as regards the requested transport service transport services through the Application, Tutus does not assign any part of your payment as a tip or gratitude to the External Supplier. Any statement by Tutus (on the Tutus website, in the Application, or in Tutus's advertising materials) that are "voluntary", "non-required" and / or "included" in the payments you provide for services provided or Goods is not intended to suggest that Tutus provides additional amounts, except those mentioned above, to the External Supplier. You understand and agree that, while you are free to make additional payments as a gratitude to an External Provider that you provide services or goods obtained through the Service, you are in no way obliged to do so. Tenders are voluntary. Once you have received these services or goods through the Service, you will be given the opportunity to review your experience and leave additional feedback about your External Supplier.

Repair or Cleaning Fees.

You are responsible for the cost of repair for damage to, or necessary cleaning of vehicles and ownership of, an External Supplier as a result of your use of the Services under your Account in case of more than damage due to "wear" and necessary cleaning ( "Repair or Cleaning"). In the event that an External Supplier considers a Repair or Cleaning necessary and such a Repair or Cleaning Request is verified by Tutus at its sole discretion, Tutus reserves the right to make payment for the reasonable cost of the Repair or Cleaning on behalf of the External vendor by using your designated payment method in your account. Such amounts will be transferred by Tutus to the applicable External Supplier and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "IN CURRENT STATE" AND "AS AVAILABLE". TUTUS DISCLAIMS ALL STATEMENTS AND WARRANTIES, EXPRESSLY, IMPLIED OR STATUTORY, NOT EXPRESSLY DESCRIBED IN THESE CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TUTUS MAKES NO DECLARATION, WARRANTY, OR WARRANTY RELATING TO RELIABILITY, TIME, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR REQUESTED SERVICES OR GOODS BY USE OF THE SERVICES OR THAT THE SERVICES SHOULD BE UNLESS OR ERROR-FREE. TUTUS DOES NOT WARRANTY THE QUALITY, SUITABILITY, SECURITY, OR CAPACITY OF EXTERNAL SUPPLIERS. YOU AGREE THAT THE TOTAL RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY REQUESTED PRODUCT OR PRODUCT IN RESPECT OF THIS IS, FULLY FOR YOUR ACCOUNT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY.

TUTUS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF WORK, LOSS OF DATA, PERSONAL INJURY OR CONSEQUENTIAL DAMAGES RELATING TO, RELATING TO, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, EVEN IF TUTUS WAS WARNING THE POSSIBILITY OF SUCH DAMAGE. TUTUS SHALL NOT BE LIABLE FOR ALL DAMAGES, LIABILITY OR LOSSES WHICH ARISE FROM: (I) YOUR USE OR DEPARTURE OF THE SERVICES OR YOUR INDEPENDENCE TO ACCESS OR USE THE SERVICES; OR (II) FOR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY EXTERNAL SUPPLIER, IF A TUTUS OF THE POSSIBILITY IS WARRANTED FOR SUCH DAMAGES. TUTUS IS NOT RESPONSIBLE FOR DELAY OR LOSS OF INCOME WHICH ARISING FROM CAUSES WHETHER TUTUS REASONABLE HAS NO EFFECT. YOU ACKNOWLEDGE THAT THE EXTERNAL TRANSPORT SUPPLIERS PROVIDE TRANSPORT, REQUESTED BY CERTAIN TRADEMARKS, OR RIDE SHARING PEER-TO-PEER TRANSPORT TO OFFER AND MAY NOT HAVE PROFESSIONAL LICENSE OR AUTORIZATION. IN NO EVENT SHALL THE TOTAL LIABILITY OF TUTUS RELATING TO YOU AND THE SERVICES FOR ALL DAMAGES, LOSSES AND MEASURES FIVE EURO TRANSFER (€ 50).

TUTUS SERVICES CAN BE USED BY USING AND PLANNING TRANSPORT, GOODS, OR LOGISTICAL SERVICES WITH EXTERNAL SUPPLIERS, BUT YOU AGREE THAT TUTUS IN RESPECT OF YOU DOES NOT RESPONSIBLE OR RESPONSIBLE FOR ANY TRANSPORT, GOODS, OR LOGISTICAL SERVICES. PROVIDED TO YOU BY EXTERNAL SUPPLIERS, WITHOUT EXPRESSLY EXPRESSING THESE TERMS AND CONDITIONS.

THE RESTRICTIONS AND DISCLAIMER IN THIS SECTION 5 ARE NOT PROVIDED AS A LIMITATION OF LIABILITY OR YOUR RIGHTS AS CONSUMER WHICH CAN NOT BE EXCLUDED BY APPLICABLE LAW.

Indemnity.

You agree to indemnify Tutus and its officers, directors, employees and agents from any and all damages, claims, losses, liabilities and expenses (including attorney fees) arising out of or relating to: (I) your use of the Services or Services or goods obtained by your use of the Services; (II) Your breach or violation of any of these Terms; (III) the use of your User Content by Tutus; Or (IV) your violation of third party rights, including an external supplier.

6. Applicable law; arbitration.

6.1 A dispute is present as soon as a party declares that this is the case.

6.2 On all agreements and transactions of Tutus with you, only Dutch law applies.

6.3 All disputes, whatsoever called, will be subject to the judgment of the Dutch competent court in Amsterdam, excluding all other arbitration, advisory and judicial bodies.

6.4 By way of derogation from paragraph 3, only Tutus is authorized to submit disputes to an arbitration commission in accordance with the Rules of the Dutch Arbitration Institute (NAI). In the event that Tutus makes the choice for arbitration, any disputes arising from Tutus's agreements to you, to which these terms and conditions apply Settled in accordance with the rules of the Dutch Arbitration Institute (NAI). By way of derogation from the Rules of the Dutch Arbitration Institute (NAI), all costs associated with an arbitration procedure will be advanced by you.

7. Other Provisions

Claims for breach of copyright.

The copyright infringement claims must be sent to the designated agent of Tutus. See the Tutus web page at www.tutustaxi.com/en-US/Terms-And-Conditions for the designated address and additional information.

Notice

Tutus may send a notice by means of a general notice on the Services, Email to your Account Email Address, or by a written notice sent to your address as shown in your Account. You can send Tutus a notice by means of a written notice to Tutus's address in Willem Bontekoestraat 1, (1212 BX) Hilversum, The Netherlands.

General

You may not assign or transfer these Terms in whole or in part without the prior written permission of Tutus. You agree to Tutus for the assignment or transfer of these Terms in whole or in part, including to: (I) a subsidiary or affiliated company; (II) an acquirer of Tutus' equity, business or assets; Or (III) a successor by a merger. There may be no joint venture, partnership, employment or agency agreement between you, Tutus or External Suppliers as a result of the contract between you and Tutus or the use of the Services.

If any of the provisions of these Terms are deemed to be in whole or in part illegal, invalid or unenforceable under a law, such provision or part thereof shall be deemed not to be part of these Terms, but shall remain legally valid, valid and enforceable. The remainder of these Terms shall remain in force. In that case, the parties will replace the (invalid), invalid and invalid (part of) clause for a (part of) provision that is legally valid and enforceable and which has the same effect as much as the (it) illegal, invalid or unenforceable (part of) the provisions regarding the content and purpose of these Terms. These Terms and Conditions include the entire agreement and the agreement of the Parties with respect to its subject and supersede and supersede all prior or contemporaneous agreements or agreements with respect to such a subject. In these Terms, the words "inclusive" and "include", "including but not limited to".


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