Traxi APP Official Website

HI DATA INC TERMS AND CONDITIONS

Last updated October …………………. 2022

Please read the following prior to your use.

Welcome to “TRAXI” Website and App – www.traxiapp.com. These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. This website is owned and operated by “HI DATA INC” company limited.

AGREEMENT OF TERMS

THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH HI DATA INC WILL PROVIDE YOU WITH ACCESS TO THE “TRAXI” MOBILE APPLICATION PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO REQUEST CERTAIN TRANSPORTATION SERVICES FROM THIRD PARTY DRIVERS BY PLACING ORDERS THROUGH “TRAXI” MOBILE APPLICATION PLATFORM. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A CUSTOMER AND DRIVER, USE THE APP AND REQUEST TRANSPORTATION SERVICES. BY USING THE APP AND TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER THINGS, TO ALL SERVICES HERE IN UNDER TO BE RENDERED TO OR BY YOU VIA THE APP WITHIN THE US, CANADA AND THAT YOU AGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR REQUEST TRANSPORTATION SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR REQUEST THE TRANSPORTATION SERVICES.

“HI DATA INC” company limited, a company registered in Canada and United states, operating within the ambit of the laws of the Canada, US and European Union (EU), have its official mailing address at PO BOX 61007, 511 Maple Grove Road Oakville, Ontario Canada L6J-7P5

DEFINITIONS OF TERMS AND INTERPRETATION

In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:

“App” means the mobile application which provides a platform for placing Orders and is owned by “HI DATA INC”;

“Cancellation Fee” means the fee charged for cancellation of an Order as outlined in Condition;

“Cancellation Policy” means “TRAXI” cancellation and no-show policy available on the website.

“Collection Location” means the location notified by you via the App to be picked up by a Driver;

“Customer” means the individual placing an Order via TRAXI mobile application platform for Transportation Services. A reference to “you” or“your” shall be construed as a reference to the Customer;

“Customer Account” means the Customer’s account with “TRAXI” which contains the Customer’s personal information including their name, address, email address, phone number and payment information;

“Data Protection Laws” means (until 25 May 2018) the Data Protection Act 1998 and (from 25 May 2018) the General Data Protection Regulation, together with all legislation made thereunder and any other laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time;

“Driver” means a licensed provider of Transportation Services who is an independent contractor and has entered into a driver agreement with “HI DATA INC” to provide Transportation Services to users of the App, including Customers;

“Fees” means the fare charges due to a Driver by the Customer in connection with the Transportation Services. This excludes any Technology Fee payable by the Customer to “TRAXI SERVICES”;

“Final Location” means the location notified by the Customer using the App as the final destination for the Transportation Services;

“HI DATA INC” means “HI DATA INC” (Canada) Limited a company established under the laws of Canada whose mailing address is at PO BOX 61007, 511 Maple Grove Road Oakville, Ontario Canada L6J-7P5 and references to “us” or “we” shall be construed accordingly;

“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;

“Order” means a request for Transportation Services by the Customer via the App;

“Privacy Policy” means “TRAXI” privacy policy available on the TRAXI website;

“Personal Data” has the meaning set out in the Data Protection Laws;

“Services” means the platform for placing Orders, through the App, for performance of Transportation Services;

“Standby Fee” means the sum of CAD__ for each minute a Driver is waiting to collect you or such other sum as notified to you from time to time via the App; and

“Technology Fee” means the charges levied by “TRAXI” for the provision of the Services, including for the convenience of accessing Transportation Services via the App but not for the provision of Transportation Services;

These Conditions shall apply to the Driver and Customer’s access and use of the Services and all Orders placed by the Customer through the App.

ACCEPTANCE OF TERMS

By the earliest to occur of your clicking the “I Agree” button located at the bottom of these Terms of Service or (ii) using the Service (as defined below) (including any revisions, updates, upgrades, modifications, enhancements or new releases thereto), you accept and agree to be bound by these Terms of Service. By entering into these Terms of Service, you are also consenting

(1) to the collection and handling of information described in the TRAXI Privacy Notice, and

(2) to your receipt of text messages and emails in connection with the Service at the telephone number and email address you provide during registration, including, without limitation, the initial message containing a registration code, any text messages or emails containing receipts (if we provide such functionality and you request them) and confirmation messages sent in response to any opt-out request you may make; provided that, if you update such initial telephone number and/or email address in your account settings, then such text messages will be thereafter sent to such updated telephone number and/or email address.

CHANGE OF TERMS

HI DATA INC reserves the right, from time to time, with or without notice, to change these Terms of Service in its sole and absolute discretion. All changes to these Terms of Service will be effective and binding upon you once they are displayed or posted in accordance with this paragraph. You acknowledge and agree that it is your responsibility to ensure that you are aware of the most current Terms of Service. If any substantial changes are made to these Terms of Service, HI DATA INC will notify you by displaying the new Terms of Service within the Application or by posting them on the Website (as defined below). The most current version of these Terms of Service can be viewed at all times by visiting https://traxiapp.com/terms/. The most current version of these Terms of Service will supersede all previous versions. If you do not agree to any change to these Terms of Service, you must immediately cease using the Service and delete the Application from your device(s).

TRAXI COMPANY SERVICES

To access TRAXI App, you must be 18 years of age or older to use the App and place Orders. Access to the App is permitted for personal use only.

The App provides a means to enable Customers who seek transportation to certain destinations to be connected with Drivers. TRAXI do not provide transportation services, rather we are a technological service provider that uses an electronic platform to provide the Services.

Access to the App is free of charge. You will need to set up a Customer Account and provide your payment details in order to access the Services. Any notice or other communication permitted or required in accordance with these Conditions by TRAXI will be in writing and sent to the email address that you provided when setting up your Customer Account and/or the App.

Notwithstanding the provisions of Condition, TRAXI does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the TRAXI App, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the TRAXI community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by HI DATA INC, and for which a photograph has been provided to HI DATA INC, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud HI DATA INC or Riders on the TRAXI App or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities and agree to review TRAXI’s Anti-Discrimination policy. You will make reasonable accommodation as required by law and our service Animal policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.

OUR TRANSPORTATION SERVICES

TRAXI offers you the following Transportation service

v In order to connect you to Drivers, you will be required to enter your Collection Location into the App. Where you enter your Final Location, we will provide you with an estimated Fee for the journey, based on the information provided, and provide you with the availability of Drivers. If you wish to proceed with your request for Transportation Services, you should select the order button and you will be connected with a Driver to provide Transportation Services and this shall constitute an Order. By selecting the order button, you will enter into a contract for Transportation Services with a Driver and be provided with their details via the App. For the avoidance of any doubt, your contract for Transportation Services will be with the Driver selected and will not be with TRAXI. You acknowledge and agree that TRAXI is not a party to your contract for Transportation Services.

v You acknowledge that your geo-location information must be provided by your device in order to enable us to provide the Services. You acknowledge and agree that your geo-location information will be accessible by the App and when you are logged-in your location will be displayed to TRAXI and Drivers.

v Transportation Services may be cancelled by you prior to the Driver arriving at the Collection Location, subject to the payment of a Cancellation Fee. If you are not at the Collection Location when the Driver arrives, you may be charged the Standby Fee. Drivers may cancel their provision of Transportation Services at any time.

v Following a Driver completing an Order, you will be able to rate your Driver via the App. Where you chose to rate your Driver, you must provide accurate feedback on the Driver in order to allow us to monitor the quality of the Transportation Services they provide to users of the App. Drivers may also be permitted to rate you as a customer and such information may be used by Drivers when deciding whether to accept or reject your future Orders. Customers must (and where appropriate Customer’s must ensure their guests) at all times act in a polite and courteous manner towards Drivers and any other passengers of the vehicle.

Other Services

In addition to connecting Riders with Drivers, the TRAXI Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the TRAXI Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the TRAXI Platform, you authorize TRAXI to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that HI DATA INC is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the TRAXI Platform. This Agreement incorporates by reference ADT Mobile Security Monitoring Terms. In the event of a conflict in the terms of the ADT Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall control with respect to HI DATA INC and your agreements with HI DATA INC herein,

FEES

In consideration of the Transportation Services, you will be charged the Fees. The Fees may be calculated on either a fixed fee or a metered basis and an additional Technology Fee may be added. Where the Fees are paid on a fixed fee basis, the amount of the Fee will be notified via the App and you will have the opportunity to place the Order at your sole discretion at such fixed fees. If you chose to pay on a metered basis, the Fee will be calculated in accordance with the published hackney carriage fees. As a provider of Transportation Services, all Drivers are required by HI DATA INC to provide the Transportation Services in an effective, efficient and safe manner. Once the Transportation Services have been completed and payment made, we will send you an electronic receipt. Details of past journeys are available via the App.

v As part of the booking process, for every Order you place, you agree to TRAXI making a pre-authorisation payment on your payment card provided on your Customer Account (“Pre-Authorisation Payment”). The amount of the Pre-Authorised Payment will either be: (i) the fixed fee; (ii) where you select a metered fare and provide a Final Location, the estimated Fee; or (iii) in all other cases, the Fee estimated by TRAXI acting reasonably. This amount will not be debited from your account at the time of placing your Order, but is ring-fenced for payment of the Fee. A request will be made against the card you provided for payment of the Fee following completion of your Order. If, after fulfilment of your Order, full payment is not successfully made by you, the Pre-Authorised Payment may be used to settle, or as part payment, towards the outstanding Fee. If payment is received in full, the Pre-Authorisation Payment will be released by TRAXI. Please note that this may take your bank up to 5 working days to process.

A. If you fail to make payment of the Fee either in full or in part TRAXI may:

A1. suspend your access to the Services;

A 2. permanently delete your Customer Account and access to the Services; or

A 3. continue to attempt to charge your chosen payment card or any other payment cards registered on your account for any outstanding Fee(s) until such Fee(s) have been paid in full.

A 4. If you select to make payment of the Fee by cash and then fail to do so, you authorise TRAXI to charge your payment card to recover such unpaid Fees.

A 5. If you select a fixed fee payment and then, during the course of the Transportation Services, require the Driver to change his route in any matter whatsoever, including making any unscheduled stops or using an alternative route, the fixed fee may be recalculated to take account of such changes. Fees will be recalculated based on the meter and such changes to the fixed fee will be notified to you via the App.

A 6. If you are not waiting at the Collection Location when the Driver arrives, you will be charged the Standby Fee. If you do not arrive in 5 minutes, your Order will be cancelled and you will be charged the Cancellation Fee and the Standby Fee.

A 7. If during the provision of the Transportation Service you soil the Driver’s vehicle, you will be charged an additional soiling fee in accordance with the relevant local published hackney carriage fees.

A. 8 If after placing an Order you decide to cancel your Order, you will be charged a Cancellation Fee or such other Cancellation Fee as TRAXI may notify from time to time, as per the cancellation Policy.

PAYMENT PROCESS

TRAXI accepts all the payment method and not limited to Visa, Master Card, stripe payment, America express, Discover, PayPal.

Third Party Devices.

HI DATA INC does not warrant that the Software and/or Advertising Content will be compatible with third party software or hardware, nor does HI DATA INC warrant that operation of the Service and associated Software will not damage or disrupt third party software or hardware. Your mobile device is manufactured and sold by entities other than HI DATA INC and its affiliates, and HI DATA INC does not take responsibility or otherwise warrant the performance of your mobile device, including the continuing compatibility of your mobile device with the Service. By using the Service, you agree to look solely to the entity that manufactured and/or sold your mobile device for any issues related to your mobile device and its compatibility with the Service.

Third Party Software

There are software programs contained within the Software that have been licensed to HI DATA INC by third parties. The references to Software as used herein shall include such third party software except where the term Software refers expressly to the ownership or other specific rights of HI DATA INC. The same terms and conditions, including all limitations and restrictions, set forth in these Terms of Service apply to each third party software program contained in the Software.

Severability.

Except as otherwise provided in the severability provisions, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Driver Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against HI DATA INC involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

INTELLECTUAL PROPERTY

You acknowledge that all Intellectual Property Rights and all other rights in the App are owned by HI DATA INC and remain vested in HI DATA INC at all times and you do not acquire any rights in or to the App under these Conditions.

Disclaimer of Warranties

THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND NONE OF THE HI DATA INC INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EACH CHANNEL AND ANY SOFTWARE ASSOCIATED THEREWITH. HI DATA INC DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE (INCLUDING USE OF ANY CHANNEL OR ANY SOFTWARE ASSOCIATED THEREWITH) OR FUNCTIONALITIES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT HI DATA INC MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. HI DATA INC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF MOBILE DEVICES, THIRD PARTY WEBSITES, LINKS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ADVERTISING CONTENT), THE INTERNET, ANY TRANSPORTATION SERVICES USED BY YOU (INCLUDING THE TAXIS) AND HI DATA INC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE). TO THE EXTENT ALLOWABLE BY LAW, “HI DATA INC” AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HI DATA INC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ANY CHANNEL OR OTHERWISE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT. HI DATA INC DOES NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION AND HI DATA INC DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HI DATA INC OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON HI DATA INC OR ITS AFFILIATED PARTIES.

Limitation of Liabilities

IN NO EVENT SHALL “HI DATA INC”, ITS AFFILIATES OR ANY OF “HI DATA INC’S OR ITS AFFILIATES SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS, REPRESENTATIVES OR ANY OF THE SUCCESSORS OR ASSIGNS OF ANY OF THE FOREGOING (COLLECTIVELY, THE ““HI DATA INC” INDEMNITEES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PARTY FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, “HI DATA INC” SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE. IN NO EVENT SHALL HI DATA INC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES ACTUALLY RECEIVED BY “HI DATA INC” FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, ACT OR OMISSION UNDERLYING SUCH PURPORTED LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE MAY BE BROUGHT BY YOU AGAINST “HI DATA INC” OR ANY HI DATA INC INDEMNITEE MORE THAN ONE (1) YEAR AFTER THE FIRST DAY THAT THE EVENT, ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION OCCURRED. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify and hold the “HI DATA INC” Indemnitees harmless from any and all Losses (as defined below) incurred by any of them and defend against any claim arising out of or in connection with: (i) your use of the Service, (ii) any violation or breach by you of these Terms of Service or any failure by you to comply with Applicable Laws, (iii) any dispute or litigation caused by your acts or omissions, (iv) any data, information or other content submitted by you, (v) the use of your Account, whether by your or a third party, (vi) any Transportation Disputes (as defined below), and (vii) the commission of any Prohibited Acts. “HI DATA INC” reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify “HI DATA INC”, including rights to settle, and you agree to cooperate with the defense and settlement of these claims. “HI DATA INC” will use reasonable efforts to notify you of any claim, action or proceeding brought by a third party that is subject to the foregoing indemnification upon “HI DATA INC” becoming aware of it.

For purposes of the preceding paragraph, “Losses” means judgments, settlements, awards, damages, losses, charges, liabilities, penalties, interest claims (including taxes and all related interest and penalties incurred directly with respect thereto), however described or denominated, and all related reasonable costs, expenses and other charges (including all reasonable attorney’s fees and reasonable internal and external costs of investigations, litigation, hearings, proceedings, document and data productions and discovery, settlement, judgment, award, interest and penalties), however described or denominated.

TRANSPORTATION DISPUTES

Any disputes or complaints regarding any transportation services must be directed to the Taxi owner, dispatcher, manager, driver or operator providing such services (“Transportation Dispute”). “HI DATA INC” will not be a party to any complaints, negotiations, litigation or other disputes between you and such third-party Taxi owners/dispatchers/managers/drivers/operators regarding any Transportation Dispute. You agree to release the “HI DATA INC” Indemnitees from and against any and all Losses arising out of a Transportation Dispute. Further, you agree that you will not involve any “HI DATA INC” Indemnitee in any litigation or other dispute arising out of or related to any services, arrangement or other agreement with a Taxi owner, dispatcher, manager, driver or operator or other third party in connection with the Service, including, without limitation, any Transportation Dispute. If, in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the “HI DATA INC” Indemnitees in connection therewith.

GOVERNING LAW

These Terms of Service shall for all purposes be governed by and interpreted in accordance with the laws of the State of Canada and United State as those laws are applied to contracts entered into and to be performed entirely in Canada and United State by Canada and US residents, without giving effect to any choice-of-law provision or rule (whether of the Canada, US or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

ARBITRATION

The parties to these Terms of Service shall use all reasonable efforts to resolve any disputes, controversies or differences arising out of or in connection with these Terms of Service or the Service amicably, including the use of a mutually agreeable, non-binding mediation procedure. Any such disputes, controversies or differences that are not settled by mutual agreement or mediation shall be finally and exclusively settled by confidential arbitration held in Canada, Canada.

Waiver of Right to Jury Trial

FURTHER TO THE ARBITARTION PROVISION ABOVE, WITH RESPECT TO ANY DISPUTE, CLAIM, ACTION OR PROCEEDING ARISING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND CONSENT TO ARBITRATION AS SET FORTH IN THE FOREGOING ARBITRATION PROVISION.

Downloading an Application from the Apple iTunes Application Store

Apple Terms. If you have downloaded an Application from the Apple iTunes Application Store, the following additional terms apply to such Application (an “App Store Sourced Application”):

You acknowledge that: (i) these Terms of Service is concluded between you and “HI DATA INC” only, and not Apple; and (ii) as between “HI DATA INC” and Apple, “HI DATA INC” is solely responsible for the App Store Sourced Application and content therein. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

Downloading an Application from Play store for Android Version

Your Obligations when using the Play store Services

If you are downloading “HI DATA INC” App from PlayStore, you must comply with all applicable laws. You may only use the App for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse “HI DATA INC” mobile applications and/or websites or attempt to defraud either us or Third-Party Providers. For more information about what is expected from you, please consult our community guidelines

· You must provide accurate and complete information when you register an account and when using the App(s)

· Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by HI DATA INC Once you have set up an account, you:

may not register more than one account unless we agree otherwise in writing;
may not allow third parties to use your account or transfer your account to a third party;
must keep your account information accurate, complete and up-to-date;
must keep your login details safe and confidential at all times

· You and HI DATA INC acknowledge that, in the event of any third party claim, that the Play Store Sourced Application or your possession and use of that play Store Sourced Application infringes that third party’s intellectual property rights, as between HI DATA INC and PlayStore, HI DATA INC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

· You and HI DATA INC each acknowledge and agree that Playstore subsidiaries are third party beneficiaries of these Terms of Service as related to your license of the Play Store Sourced Application and that, upon your acceptance of the terms and conditions of these Terms of Service, playstore will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the PlayStore Sourced Application against you as a third party beneficiary thereof.

MISCELLANEOUS

These Terms of Service are a complete statement of the agreement between you and “HI DATA INC”, and sets forth the entire liability of “HI DATA INC”, its affiliates and licensors, and your exclusive remedy with respect to the Service and its use by you. Any waiver of any of the terms herein by “HI DATA INC” must be in a writing signed by an authorized officer of “HI DATA INC” and expressly referencing these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable under Applicable Law, then it shall be changed and interpreted to accomplish the objective of such provision to the greatest extent possible under Applicable Law, and the remaining provisions will continue in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without “HI DATA INC”’s prior written consent. “HI DATA INC” reserves the right to assign or transfer these Terms of Service or any right or obligation under these Terms of Service to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

TERMINATION

These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account.

HI DATA INC is entitled to terminate its provision of the Services to you or your licence to use the App, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App, at its sole discretion.

VARIATIONS

HI DATA INC reserves the right, in its sole discretion, to vary these Conditions at any time. We will notify you of any changes by emails and/or through the App and the date of the most recent revisions will appear at this page.

If there is any inconsistency between HI DATA INC’s Privacy Policy and these Conditions, the Privacy Policy shall prevail.

ASSIGNMENT

Your Customer Account and the Services are personal to you, and therefore you may not assign, sub-license or transfer in any other way your rights and obligations under these Conditions of use to any third party. However, if necessary, HI DATA INC may freely assign its rights and obligations without your consent and without the need to notify you before assigning them.

Contact us comment, feedback

In order to resolve a complaint regarding the App or the Transport Service Offerings or to receive further information regarding use of the App or the transport service Offerings, please contact us at: support@traxiapp.com