Bexti

TERMS AND CONDITIONS

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  1. Introduction.
  2. These Website Standard Terms And Conditions (these "Terms" or these "Website Standard Terms And Conditions") contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this "Website"). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

    This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

  3. Intellectual Property Rights.
  4. Other than content you own, which you may have opted to include on this Website, under these Terms, Bexti and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

    You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

  5. Restrictions.

    You are expressly and emphatically restricted from all of the following:

    1. publishing any Website material in any media;

    2. selling, sublicensing and/or otherwise commercializing any Website material;

    3. publicly performing and/or showing any Website material;

    4. using this Website in any way that is, or may be, damaging to this Website;

    5. using this Website in any way that impacts user access to this Website;

    6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

    7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

    8. using this Website to engage in any advertising or marketing;

  6. Certain areas of this Website are restricted from access by you and Bexti may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

  7. Your Content.
  8. In these Website Standard Terms And Conditions, "Your Content" shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Bexti a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

    Your Content must be your own and must not be infringing on any third party's rights. Bexti reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

  9. No warranties.
  10. This Website is provided "as is," with all faults, and Bexti makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

  11. Limitation of liability.
  12. In no event shall Bexti, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Bexti, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  13. Indemnification.
  14. You hereby indemnify to the fullest extent Bexti from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  15. Severability.
  16. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  17. Variation of Terms.
  18. Bexti is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

  19. Assignment.
  20. Bexti shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  21. Entire Agreement.
  22. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Bexti and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

  23. Governing Law & Jurisdiction.
  24. These Terms will be governed by and construed in accordance with the laws of USA. The parties hereto submit to the exclusive jurisdiction of the courts of United States of America.

    BEXTI CODE OF CONDUCT.

    The Service is not for the 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 an account holder (you). You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws and terms & conditions 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, Bexti Rider or Bexti Partner, you agree that the Services may send you informational 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 Bexti by emailing us a word “STOP”  to support@bexti.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

    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, Bexti 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 Bexti. 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. Bexti 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 Bexti using the preferred payment method designated in your Account, after which Bexti 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 Bexti 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 Bexti, Bexti 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 Bexti’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Bexti 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. Uber 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, Bexti does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Bexti (on Bexti’s website, in the Application, or in Bexti'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 Bexti 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.


     

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