Terms

TERMS OF SERVICE

Thank you for using the DC TaxiApp, which is provided by the District of Columbia Transportation Group, Inc. (“DCTG”) under and operating agreement with the District of Columbia Taxicab Industry Co-op, a District of Columbia Cooperative Association, which has licensed the DC TaxiApp from the District of Columbia government. DCTG maintains its principal place of business at, 3399 Benning Road, N.E., Washington, D.C.  20019

These terms and conditions (“Terms”) are executed by and between the District of Columbia Taxicab Industry Co-op, a District of Columbia Cooperative Association (collectively “DCTG” or “we”) as licensor, and you, an individual, as the licensee (“You” ), (collectively, the “Parties”).  By accessing, downloading, or using the software for the DC TaxiApp (“Software”), you agree to be bound by these Terms.

1. Licensing

A. License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferrable non-sublicensable, non-assignable license to download, install, use, and test the Software for the DC Taxi App (the “Software”) on the mobile phone identified during the registration process solely for use of the Software. 

B. The information, data, software and content viewable on, contained in, or downloadable from our Software (collectively, "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to DCTG.   We also hold, through ownership or pursuant to a license, a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content ("Collective Work").  For the purposed of these terms of services, the Software, its source code, the driver interface, the customer interface, and all related and interconnected software works are the intellectual property of DCTG and are protected by United States and international copyright laws.  Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

C. Restrictions. All rights, title, and interest in the Software are reserved to DCTG.  You may not and you agree to not:

  1. Sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
  2. Undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
  3. Remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
  4. Use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties; or
  5. Engage in unauthorized publicity or marketing of the Software.

D. DISCLAIMER OF WARRANTY; DAMAGES. THE SOFTWARE IS EXPRESSLY PROVIDED HEREUNDER “AS IS”.  THE CO-OP MAKES AND LICENSEE RECEIVES NO WARRANTIES IN CONNECTION WITH THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THESE TERMS.  THE CO-OP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. LICENSEE HEREBY ACKNOWLEDGES THAT THE SOFTWARE WILL NOT BE DEVOID OF FAULTS AND LICENSEE WAIVES ANY CLAIMS FOR DAMAGES HEREUNDER RELATED HERETO.

THE CO-OP 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE CO-OP.

THE CO-OP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (a) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (bi) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER.

ALTHOUGH THE CO-OP PROVIDES THE DC TAXICAB APP TO TAXICAB OPERATORS WHO PROVIDE FOR-HIRE TAXICAB TRANSPORTATION, TAXICAB OPERATORS ARE INDEPENDENT CONTRACTORS.  YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SOFTWARE, YOU ASSUME AND BEAR ALL RISKS INHERENT IN THE USE OF THE TRANSPORTATION PROVIDED, INCLUDING THE RISKS OF PHYSICAL INJURY AND DEATH, PROPERTY DAMAGE AND LOSS, AND ALL OTHER RISKS, KNOWN AND UNKNOWN, TO THE FULL EXTENT ALLOWED BY LAW.

2. Use of the Software; Equipment. In order to use the Software most reliably, you will need to have one of the following:

A. Apple iPhone 5 device (or newer), running iOS 9 or greater; or

B. Most other Android hardware platforms deployed in the past two (2) years running Android 4.4 or greater.

You are responsible for providing the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Software.

3. Authorized Use. You may only use the Software in accordance with these terms.  No other use is authorized.  Any action that (A) restricts, inhibits or prevents any access, use or enjoyment of the Software; or (B) through the use of the Software, defames, abuses, harasses, offends or threatens any person, is prohibited, and may result in your loss of the right to access and use the Software.  You shall not modify, scrape, embed, or frame the Software without DCTG’s prior written permission.  You expressly acknowledge that failure to comply with any of the terms and conditions of these Terms will render the License null and void.  A breach by you of any of your representations, warranties or undertakings herein will cause DCTG (and the owners and licensees of the Software) irreparable harm which cannot readily be remedied in monetary damages in a legal action and may, in addition thereto, constitute an infringement of intellectual property rights held in the Software, thereby entitling Licensor to all equitable remedies, costs, and attorneys’ fees.  User access to and use of the software is subject to all applicable federal, state and local laws and regulations.

4. Interruption. Your access and use of the Software may be interrupted from time to time, without prior notice, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Software or other actions that we, in our sole discretion, may elect to take.  We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.

5. Termination. The License granted herein shall remain in effect until terminated in writing or through the Software, with or without prior notice, by DCTG.

6. Mobile Devices. If we provide aspects of the Software via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that these Terms and other agreements within the application apply to your use of such application.

7. Third Party Services and Content.
The Software may be made available or accessed in connection with third party services and content (including advertising) that DCTG 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. Any third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Software in any manner. Your access to the Software using compatible devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

8. Text Messaging and Telephone Calls.
You agree that you may be contacted by email, telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your DC Taxicab App account. You also understand that you may opt out of receiving text messages from DC Taxicab App at any time,

9. Referral and Promotions Programs.
The Co-op may, in its sole discretion, develop and implement referral and/or promotional programs to provide discounts on future use of the DC Taxicab App or other goods and services of third parties. Such use of the DC Taxicab App and any third party goods and services may be subject to additional terms that DCTG establishes. You agree that any such referral or promotional offerings: (a) are to be sued for the intended audience and purpose; (b) may not be duplicated or transferred; (c) must be used under the terms and conditions established by DCTG; (d) are not valid for cash; and (e) may expire prior to your use.

10. Miscellaneous.

A. These Terms shall be interpreted in accordance with the laws of the District of Columbia and will be subject to the exclusive jurisdiction of the courts, state and federal, located within the District of Columbia to which the parties hereby submit in relation to any dispute arising hereunder.

B. Co-op is not responsible to any individual or entity for the non-payment of any amount, fare, rate or charge owed by any entity or individual to any other individual or entity in connection with or arising from the use of the Software.

C. Operators using the Software shall be entitled to be paid the fare amount actually paid by or collected from the passenger for a trip, less any credit card processing fees actually charged in connection with such trip and less a service fee equal to ten percent (10%) of the fare for such ride booked through the App (“App Services Fee”). .  The fare amount for all trips booked through the Software shall be the rates and charges authorized by 31 DCMR §801.  Operators shall not earn or be paid any additional fees, fares, rates, or charges for the use of the Software.   

D. Operators are required to comply with and are subject to all applicable rules and regulations in 31 DCMR, including the requirement to collect and pay to the District of Columbia the taxicab passenger surcharge, provided however, that the payment service provider (PSP) may collect and pay this amount on behalf of the operators.  The PSP shall also be required to submit trip data and other information as provided in 31 DCMR.

E. In the event that any provision of these Terms may be held to be invalid or unenforceable for any reason, it is agreed that said invalidity or unenforceability shall not affect the other provisions of these Terms, and that the remaining Terms shall remain in full force and effect and any court of competent jurisdiction may modify the objectionable provisions so as to make them valid, reasonable and enforceable.

F. These Terms are the complete agreement between the parties hereto concerning the subject matter set forth herein and replaces any prior oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein.

G. These Terms may be updated by DCTG in DCTG’s sole discretion with or without prior notice.  If you continue to the Software, it shall be deemed to be evidence of your agreement to such updated Terms.