Terms of service
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual of applications, websites, content, products, and services (the “Services”) made available by Black Car IQ (“Black Car IQ”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Black Car IQ. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Black Car IQ may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
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 Services. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Black Car IQ may amend the Terms related to the Services from time to time. Amendments will be effective upon Black Car IQ’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Black Car IQ’s Privacy Policy. Black Car IQ may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of Black Car IQ’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with our drivers of such services, including transportation providers and independent third party logistics providers under agreement with Black Car IQ or certain of Black Car IQ’s affiliates (“Third Party Providers”). Unless otherwise agreed by Black Car IQ in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
License.
Subject to your compliance with these Terms, Black Car IQ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal 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 Black Car IQ and Black Car IQ’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) 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 Black Car IQ; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Black Car IQ’s various brands or request options associated with transportation or logistics, including the transportation request brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Black Car IQ’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Black Car IQ 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. Black Car IQ does not endorse such third party services and content and in no event shall Black Car IQ be responsible or liable for any products or services of such third party providers. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain Black Car IQ’s property or the property of Black Car IQ’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Black Car IQ’s company names, logos, product and service names, trademarks or services marks or those of Black Car IQ’s licensors.
3. Your Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“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 Black Car IQ certain personal information, such as your name, address, mobile phone number 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 or Black Car IQ’s termination of these Terms with you. 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. Unless otherwise permitted by Black Car IQ in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is 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 transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may 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 the Third Party Provider or any other party. 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.
Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Black Car IQ at any time/. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Black Car IQ may, in Black Car IQ’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Black Car IQ establishes on a per promotional code basis (“Promo Codes”). You 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 by Black Car IQ; (iii) may be disabled by Black Car IQ at any time for any reason without liability to Black Car IQ; (iv) may only be used pursuant to the specific terms that Black Car IQ establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Black Car IQ 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 Black Car IQ 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.
4. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Black Car IQ will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Black Car IQ. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Black Car IQ will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Black Car IQ using the preferred payment method designated in your Account, after which Black Car IQ will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Black Car IQ may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Black Car IQ, Black Car IQ reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Black Car IQ’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Black Car IQ will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Black Car IQ may from time to time provide certain users with promotional offers and discounts that may result in 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 discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Black Car IQ does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Black Car IQ (on Black Car IQ’s website, in the Application, or in Black Car IQ’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Black Car IQ provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Black Car IQ in Black Car IQ’s reasonable discretion, Black Car IQ reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Black Car IQ to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Black Car IQ 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, Black Car IQ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Black Car IQ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
Black Car IQ 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 Black Car IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Black Car IQ 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, EVEN IF Black Car IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Black Car IQ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Black Car IQ’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Black Car IQ’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
Black Car IQ’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Black Car IQ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Black Car IQ and its 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 the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Black Car IQ’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the state of Utah, USA.
7. Other Provisions
PRICING POLICY
All advertised fares are subject to change without notice and may be higher during holidays or special events.
- RATE ESTIMATE
The rate quoted, prior to your trip, is an estimate based on the information you provided at the time of the reservation. Fees for tolls, gratuity, waiting time and additional stops are not included in the estimate and will increase your rate.
- ADDITIONAL CHARGES
Any changes made to your trip after pick-up may result in additional charges. Be sure to get an updated price from the driver before proceeding on your way
- TOLLS
Based on traffic, weather and road conditions of the day, your driver will make a determination of the safest and fastest route to your destination. He may occasionally opt to take a toll route over a free route based on his knowledge and experience. Passengers are responsible for any tolls incurred throughout the trip. You will be charged the full toll rate. Discounted rates do not apply. Upon arrival at your destination, the driver will inform you of the tolls and add them to your bill. Tolls may vary from trip to trip based upon the route taken. Round trip tolls will be charged on trips
- GRATUITY
When traveling in a Luxury Sports Car, SUV or Vans a mandatory gratuity of 20% will apply.
- WAITING TIME
Waiting time is based on the hourly rate for a particular vehicle and is charged at 15-minute increments. Waiting time charges may be incurred if a passenger arrives late to a pick-up. Time spent waiting at additional stops will also be charged as waiting time. Waiting time charges may apply after the complimentary waiting time expires on a round-trip. We do not charge waiting time attributed to delayed flights or luggage delivery for pick-ups at the airport.
- ADDITIONAL STOPS
The fare quoted online does not include any additional stops made during your trip. Unless specifically discussed, when booking a reservation by phone, the fare quoted by an operator does not include additional stops. Additional stops are calculated by the distance deviated from the route between the original pick-up and destination.
AIRPORT PARKING FEES
When booking a reservation from the airport parking fees will be added to the fare. The airport parking fee is based upon the parking rate of the Port Authority.
- CANCELATIONS AND NO-SHOW POLICY CANCELATION POLICY
A fee may be charged to your credit card for any trip not canceled within the allotted time. In order to avoid cancelation fees, customers must notify a customer service representative of a cancelation at least 48 hours in advance.
- NO SHOWS
If BLACK CAR IQ is unable to contact the passenger or related contact person after 30 minutes of the scheduled pick-up time, by means of the information provided on the reservation, then the ride will be considered a no-show and will be abandoned. Not being at your pick-up location without notifying BLACK CAR IQ service may result in a no-show charge of the full trip price.
- CHANGE POLICY
BLACK CAR IQ service requires that all changes be received by phone, email or through our website at least 3 hours prior to pick-up. If a change made less than three hours prior to pick-up cannot be accommodated, the resulting cancellation may cause a full or partial charge to the customer.
- CREDIT CARD POLICY
Your credit card will be kept on file for up to 150% of the trip cost.
- RATES AND BILLING
All rates are subject to audit after order completion. Occasionally changes must be made to correct mathematical errors or to reflect the actual tolls, parking fees, additional stops and waiting time.
BLACK CAR IQ rates do not include taxes.
- VEHICLE IMAGES
Vehicle Images presented on the BLACK CAR IQ Websites may differ from the actual vehicle.
- LOST OR DAMAGED ITEMS
BLACK CAR IQ and its Affiliates are not responsible for lost or damaged items left in the vehicles. We make every effort to locate property that has been left in one of our vehicles. We retain found items for 30 days. If you have left a personal item in one of our vehicles and wish to retrieve it, you can report it in our Lost & Found form or you may also call our office. BLACK CAR IQ reserves the right to charge a delivery fee for returning found items. These fees are based on the full travel rates.
- PET POLICY
Animals are not allowed in BLACK CAR IQ vehicles except for registered support animals with documentation and US service animals with documentation. All documentation must be submitted prior to transportation.