General Terms and Conditions & Privacy policy

I. Passengers

  • General Terms and Conditions
  • Privacy policy
  • Payment Conditions
  • Voucher Conditions

II. Taxi drivers

  • General terms and conditions

III. Business Accounts

General Terms and Conditions of mytaxi USA, Inc.

Preamble The following sets forth the general terms and conditions (the “Terms”) between mytaxi USA Inc. (“mytaxi") and users of its Website at  www.mytaxi.com (the “Site”) and of the services, features, content, applications or widgets offered by mytaxi (collectively with the site, the "Service"). By using the mytaxi Website and the mytaxi application (the “mytaxi-App”) and/or the Services, features, content, applications or widgets offered by mytaxi, you agree to be bound by these Terms.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the Services. Description of the Services. mytaxi provides the mytaxi-App application for internet-enabled portable devices (“Smartphones”) via which users can access and order taxi services in various locations, subject to availability at the location of the user.  All use of the Services is subject to these Terms.   The Services are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge.  The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, mytaxi may also offer you the possibility of paying your taxi fare electronically via the mytaxi-App installed on your Smartphone, using mytaxi Paymenttm.  Separate terms and conditions, which follow these Terms, apply to mytaxi Payment transactions. Disclaimer. MYTAXI DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER OR TAXI COMPANY. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ORDERED AND SCHEDULED THROUGH USE OF THE MYTAXI-APP. MYTAXI OFFERS INFORMATION AND A METHOD TO OBTAIN TAXIS FOR TRANSPORTATION.  MYTAXI HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY TAXI DRIVERS AND/OR TAXI COMPANIES. TAXI DRIVERS THAT USE THE SERVICE AND THE MYTAXI-APP TO OBTAIN FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF MYTAXI.  MYTAXI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF TAXI DRIVERS WHO USE THE MYTAXI-APP.  THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE MYTAXI-APP IS ENTIRELY THE RESPONSIBILITY OF THE TAXI DRIVER OR TAXI COMPANY PROVIDING SUCH TRANSPORTATION SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE, THEREFORE, THAT BY USING THE MYTAXI-APP YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. Acceptance of Terms. By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by mytaxi, each of which is incorporated by reference and each of which may be updated by mytaxi from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by mytaxi from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. Registration In order to use the Service, you are required to register with mytaxi and represent, warrant and covenant that you provide mytaxi with accurate, truthful, and complete registration information (including, but not limited to your first and last name, address, telephone number, e-mail address, a user name and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your mytaxi account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your mytaxi password. You shall never use another user's account without such other user's prior express permission. You will immediately notify mytaxi in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. mytaxi may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way. Access to the mytaxi Service Subject to these Terms of Use, mytaxi may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services mytaxi performs for you, any applications or widgets offered by mytaxi that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by mytaxi, as well as the offering of any materials displayed or performed on or through the Services. mytaxi Content. The Service contains Content specifically provided by mytaxi or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, mytaxi grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicenseable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from mytaxi, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. Third Party Sites and Services. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under mytaxi's control, and you acknowledge that mytaxi is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by mytaxi or any association with its operators. You further acknowledge and agree that mytaxi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. Termination. mytaxi may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Warranty Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MYTAXI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. MYTAXI, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification. You shall defend, indemnify, and hold harmless mytaxi, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of mytaxi). mytaxi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with mytaxi in asserting any available defenses. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, MYTAXI WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF MYTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYTAXI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Rules and Conduct. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by mytaxi in its sole discretion) an unreasonable or disproportionately large load on mytaxi's (or its third party providers') infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures mytaxi may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content, except as expressly authorized by mytaxi; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of mytaxi's guidelines and policies. mytaxi reserves the right to access, read, preserve, and disclose any information as mytaxi reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of mytaxi, its users and the public. Evaluations As part of the Service, you may evaluate the driver and the condition of the taxi you ordered through the Service.  You agree that all such evaluations will be objective and fair.  You acknowledge and agree that your evaluations may be published on the mytaxi-App and that such evaluations may be accessible to other users of the Services.  To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations. Responsibility for Contents The sole responsibility for the content published and transmitted in the mytaxi-App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, mytaxi shall be authorized to delete same immediately. Governing Law. You and mytaxi agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.  Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. I Government Use. The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use. Integration and Severability. These Terms of Use are the entire agreement between you and mytaxi with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and mytaxi with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, mytaxi must provide you with written notice of such waiver through one of its authorized representatives. Copyrighted Material, Application and Trademark Information.  mytaxi’s product names, service names, slogans or logos referenced on mytaxi’s websites and/or in the mytaxi-App are trademarks or registered trademarks of mytaxi. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by mytaxi are protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without mytaxi’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the mytaxi-App and the Services is and will remain the exclusive property of mytaxi and its licensors. The Application is protected by copyright, trademark and other laws of the United States and other countries. Relationship of the Parties mytaxi and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party. Miscellaneous Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. Amendments. mytaxi reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.mytaxi.com or in the Application itself on the Terminal Device. Entirety. This agreement shall constitute the complete and exclusive agreement between mytaxi and the Driver. The use of the mytaxi-App is expressly made conditional on the Driver’s your consent to these Terms.  No Waiver. The failure of mytaxi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.  Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service. Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.  Contact You may contact mytaxi at the following address:  mytaxi USA Inc. 3634 Georgia Avenue NW, 2nd Floor Washington DC 20010 Effective Date: August 23, 2012  Terms and Conditions for mytaxi Payment™ Preamble The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties.  In case of a conflict between these Terms and the Terms, the provisions of these Terms shall prevail. Defined terms used in these Payment Terms have the same meanings assigned to them in the Terms. mytaxi offers you the possibility of settling certain fares procured via the Service via direct electronic payment.  A precondition to use mytaxi Payment is that the taxi driver has also agreed to participate in the mytaxi Payment service.  Payment may be made via the mytaxi-App per electronic direct debit system, credit card charge, PayPal or other payment methods (collectively hereinafter "mytaxi Payment"). Subject Matter Subject of these Payment Terms is the performance of transportation services via taxi and electronic payments via mytaxi Payments, assuming that you have chosen to pay for the fare via mytaxi Payment at the time you placed the order for transportation services by taxi via the mytaxi-App.  Any taxi transportation that is paid for via mytaxi Payments is hereinafter referred to as a “mytaxi Payment Ride.” In order to use mytaxi Payment, you must choose an individual identification code (PIN) at the time you register for mytaxi Payment via the Site or the mytaxi-App. When registering, you shall determine the manner by which payment shall be made.  Available payment methods are direct debit, credit/debit card and/or PayPal.  The choice of payment method may be changed at any time by you via the Site or the mytaxi-App.  In the event you have provided mytaxi with several alternative payment methods, you will be able to choose which payment method you wish to use for each mytaxi Payment Ride prior to authorizing payment. mytaxi reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason. In the event you choose PayPal as a payment method, the terms and conditions of PayPal shall apply in addition to these Payment Terms.  Any additional fees charged by PayPal are your sole responsibility and you authorize mytaxi to add such fees, in the event that they are charged to mytaxi, to any amount charged to you. When relaying a transportation request, mytaxi informs participating taxi drivers that the request is for a mytaxi Payment ride.  Taxi drivers who do not participate in mytaxi Payment will not be eligible to accept requests for mytaxi Payment Rides. Term and Termination This Agreement shall commence upon acceptance your application to participate in mytaxi Payment and shall be remain in effect indefinitely until terminated in accordance with the provisions of Section  2.2 below. The agreement may by either party at any time, with or without reasons by written notice. After termination of this Agreement, you shall no longer be able to order mytaxi Payment Rides.  However, you will still be able to order taxis via the mytaxi-App, for which payment is then made directly to the taxi driver.  Notwithstanding the termination of this agreement, all unsettled claims for payment you authorized will be paid out to the taxi driver or taxi company that provided you with any mytaxi Payment Ride prior to termination. Your Obligations and Indemnification You are not obligated to pay all fares via mytaxi Payment.  However, if you so choose, you will have the option of paying for your fare electronically, but you must make that choice prior to ordering a taxi via the mytaxi-App and you will at that time become obligated to pay the fare via mytaxi Payment. Upon completion of the trip, the Taxi Driver/Taxi Company shall obtain confirmation that the you are authorized to pay via mytaxi Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation) and a possible gratuity to be paid via mytaxi Payment (hereinafter "Payment Amount"), by having you confirm the fare through the mytaxi-App, by entering your PIN into the mytaxi-App on your Smartphone and thereby agreeing to the amount of the fare and the method of payment. mytaxi USA Inc. 3634 Georgia Avenue NW, 2nd Floor Washington DC 20010 By choosing a mytaxi Payment Ride, you agree that you may not receive a printed receipt, except to the extent that written printed receipts are required by local law or regulation.  mytaxi will confirm you payment via email to the email address you provided upon registration. mytaxi reserves the right to suspend your account temporarily or permanently, at its sole discretion, in the event that mytaxi believes that your PIN or password may have been compromised.  In such cases, mytaxi shall inform you by notice to the email address associated with your account at the earliest possibly opportunity, if possible before your account is suspended. You are responsible for maintaining all accounts (bank accounts, credit/debit cards, PayPal) in such a manner as to assure that the mytaxi Payment amount billed through the mytaxi-App is covered.  In the event that payment is refused by your bank, credit/debit card provider or by PayPal, you are responsible for any and all expenses, including collection expenses and reasonable attorney’s fees, incurred by mytaxi as a result. mytaxi assumes no responsibility or liability for any payment errors not caused by mytaxi’s own negligent acts or omissions.  In the event of errors with respect to electronic payments, you must contact your bank, credit/debit card provider or PayPal, as the case may be, to resolve such issues. In the event that payments are delayed due to your fault, except for delays caused by an event of force majeure as defined in Section 7.5 of these Payment Terms, mytaxi reserves the right to charge interest in the amount of five percent (5%) or the maximum statutory interest rate, whichever is higher, in addition of a processing fee of $15.00.  In addition, in the event that mytaxi suffers damages in excess of the amounts collected pursuant to this Section  3.8, mytaxi shall not be barred from claiming such additional damages. You agree to indemnify, defend and hold mytaxi, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Payment Terms, including without limitation any breach of the provisions of Sections   3.8, breach of any warranty under these Payment Terms or any activity related to access to or use of your mytaxi account (including negligent or wrongful acts or omissions) by you or any third party accessing the my Taxi Payments service using your account and/or (ii) any violation of law or regulation committed by you while using the mytaxi-App or the mytaxi services. Warranties and Limitation of Warranties The legal liability of mytaxi under these Payment Terms is limited to damages arising from mytaxi’s own gross negligence or willful misconduct or the gross negligence or willful misconduct of mytaxi’s employees and/or agents. mytaxi is entitled to discontinue the mytaxi Payment service temporarily or permanently, with or without informing you, though every reasonable effort will be made to inform you of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.mytaxi.com. THE MYTAXI PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MYTAXI MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE. Limitation of Liability. For purposes of this Section, "mytaxi" shall include mytaxi and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. TO THE FULLEST EXTENT PERMITTED UNDER LAW, MYTAXI WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE TAXI DRIVER/TAXI COMPANY’S OR ANY DRIVER’S USE OF THE MY TAXI PAYMENT SERVICES, EVEN IF MYTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE TAXI DRIVER/TAXI COMPANY SPECIFIC LEGAL RIGHTS, AND THE TAXI DRIVER/TAXI COMPANY MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Relationship of the Parties mytaxi and Taxi Driver/Taxi Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party. Miscellaneous Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Payment Terms will continue in effect. Amendments. mytaxi reserves the right to change these Payment Terms from time to time. Please refer to the mytaxi website periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, you agree to be bound by the revised Payment Terms. The general terms and conditions may be consulted at any time online at www.mytaxi.com or in the Application itself on the Terminal Device.  Entirety. This agreement shall constitute the complete and exclusive agreement between mytaxi and you. The use of the mytaxi-App in connection with mytaxi Payment is expressly made conditional on your consent to these Payment Terms. No Waiver. The failure of mytaxi to enforce any right or provision of these Payment Terms will not be deemed a waiver of such right or provision.  Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Payment Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service. Governing Law. The parties agree that these Payment Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. Effective Date: August 23, 2012 Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. mytaxi Payment Introductory Offer Voucher Redemption Conditions 1.     You may redeem your mytaxi Payment introductory offer voucher in connection with a taxi trip via participating taxis in the United States only, provided you are a registered mytaxi Payment user and that you have deposited a cashless payment in your mytaxi Payment account via the mytaxi app. using the mytaxi Payment function, and providing that you have informed the participating taxi via the mytaxi app. by selecting the mytaxi Payment function immediately before you begin your trip.  2.     The introductory offer voucher is valid only for a mytaxi Payment trip in the United States and can be redeemed only once within the time period stipulated on the voucher. After use of the voucher code in the mytaxi app., the voucher code as well as the voucher value stipulated on the voucher will be cancelled. Re-use of the voucher code is not possible. Any non-redeemed voucher which remains unused within this period is also cancelled at the end of the stipulated period. Vouchers are not redeemable for cash. 3.     The introductory offer voucher is redeemable only from mytaxi Payment participating taxis and only in the  locations in which the placement function of the mytaxi app., as well as the mytaxi Payment payment function are available. Information regarding the towns participating in the placement function of the mytaxi app., as well as the mytaxi Payment payment function can be accessed under www.mytaxi.com. The introductory offer voucher is void where prohibited by law or regulation. 4.     The introductory offer voucher entitles you to a single mytaxi Payment trip up to the value of stated on the voucher. To use the voucher, when ordering your taxi, select the cashless payment function via mytaxi Payment within the order template of the mytaxi app. When ordering your taxi using this particular payment option, mytaxi Payment passes your mytaxi search only to those taxi drivers who have registered with mytaxi and are participating in the mytaxi Payment system. At the end of the taxi trip, you confirm with input of your personal identification number (PIN) the total value of the trip, plus any tip which you are free to give, and enter the unique voucher code to obtain the value of the voucher. After input of the unique voucher code in the mytaxi app. order template, your mytaxi account will be credited with the voucher value. 5.     Introductory offer vouchers cannot be combined with other offers, subsidies, vouchers, coupons or discounts. The vouchers have no actual cash value, are not transferable, and can be redeemed only once. The voucher is redeemable only by input of the voucher code in the mytaxi app. There is no replacement for lost or stolen vouchers or voucher codes. The voucher cannot be sold or resold, or be redeemed for cash. 6.     Customers are entitled to participate in this introductory voucher offer only once. In case of an illegitimate use, mytaxi is entitled to close the customer’s accounts. mytaxi additionally reserves the right to close customer accounts in cases of fraud, attempts at deception, or on suspicion of other unlawful activities in connection with a voucher or voucher redemption. No claim is permitted regarding activation or payment of any affected vouchers. 7.     In addition to these redemption conditions, the General Terms & Conditions of mytaxi USA, Inc. apply and are incorporated herein by reference. See: "Terms and Conditions regarding passengers“ in its currently valid form www.mytaxi.com as well as "Payment Conditions" in its currently valid form www.mytaxi.com 

mytaxi.com privacy policy

This privacy policy provides users with information about the nature, scope, and purpose of the collection and use of personal data by the responsible entity (Intelligent Apps GmbH, Große Elbstr. 263, 20767 Hamburg, Germany (hereinafter “mytaxi”)) on this Website.
mytaxi attaches great importance to the protection of their users’ personal data. All personal information (title, name, address, e-mail address, telephone number, and locations) submitted by users is collected, stored, and processed exclusively in accordance with the country-specific legal provisions concerning data protection. In Germany, the relevant legal provisions are set out in the German Data Protection Act (BDSG) and German Telemedia Act (TMG).
Server log files
For technical reasons, each time you access the Website, mytaxi or its webspace provider collects the
  • Name of the Website accessed
  • Time
  • Date
  • Browser type and operating system used
  • Page previously visited
  • IP address
This data is stored for prosecution purposes in the event of illegal activities, and may also be used for statistical analyses for the optimization of our Website.
Cookies
Cookies are small text files that enable the recognition of a specific device. They are primarily used to optimize ease-of-use and our Website’s offering. Users can delete cookies in their browser settings and prevent their storage in the future; however, they may not be able to use the full functionality of mytaxi.com.
Online ordering
After prior registration, users can order a taxi via mytaxi.com. Personal data must be collected here in order to provide the service. The nature, scope, and purpose of the collection and use of this data is governed by the privacy policy for the mytaxi booking service, which can be viewed at https://de.mytaxi.com/agb.html. The same applies for subscription to the newsletter when registering for the mytaxi taxi service.
Contact
mytaxi.com offers its users the option of contacting mytaxi via e-mail (optionally via a contact form), telephone, or similar. In this case, information provided by the user is stored for the further processing of queries. This information is not passed on to third parties.
Blog
mytaxi.com incorporates a blog, on which users can post their comments. For our security, we save the IP addresses of any users posting comments, in order to identify the author in the event of inappropriate comments. This is in the interest of mytaxi, since the company itself may be held responsible for any such comments.
Google Analytics
mytaxi.com uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”), which stores cookies that provide information about the use of the Website. This data, including the user’s IP address, is transmitted to Google’s servers.
According to statements made by Google, the data that is collected by Google Analytics is not associated with any other data held by Google.
Users can delete cookies in their browser settings and prevent their storage in the future; however, they may not be able to use the full functionality of mytaxi.com.
Users can also disable the analytics tool by downloading and installing a browser add-on available from Google: https://tools.google.com/dlpage/gaoptout?hl=en
Google+
mytaxi.com uses the “+1” button from Google on its Website. Each time a page is called with this button, a link is established with Google’s servers. According to Google, no personal data is collected if the button is not used and the user is also not logged in to Google. Otherwise, data, including the IP address, may be transmitted to Google and associated with a Google account. Information about how data is collected with the “+1” button can be found on Google’s Website: https://developers.google.com/+/web/buttons-policy
Facebook
mytaxi uses components from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter “Facebook”) on its Website (e.g. Facebook Connect and Facebook social plug-ins). For each page view of a page with such components, a link is established to Facebook’s servers. This enables Facebook to identify the Website the user in question has visited and to store other data, such as the IP address. If the user is also logged on to Facebook, Facebook may also associate the data with the user’s Facebook account. If the user wants to prevent this, they must log off Facebook before visiting the page.
More information about how Facebook processes data can be found on Facebook’s Website: https://www.facebook.com/about/privacy/.
Twitter
mytaxi uses buttons from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (hereinafter “Twitter”) on its Website. For each page view of a page with such a button, a link is established to Twitter’s servers. This enables Twitter to identify the Website the user in question has visited and to store other data, such as the IP address. According to Twitter, such data is stored in this way only for the purpose of displaying the button. More information about how Twitter processes data can be found on Twitter’s Website: https://twitter.com/privacy
Xing
mytaxi uses components from XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany (hereinafter “Xing”) on its Website. For each page view of a page with such a component, a link is established to Xing’s servers. According to information from mytaxi, Xing does not store any personal data, and in particular no IP addresses. More information about how Xing processes data can be found on Xing’s Website: https://www.xing.com/app/share?op=data_protection
LinkedIn
mytaxi uses components from the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter “LinkedIn”). For each page view of a page with such a component, a link is established to LinkedIn’s servers. According to LinkedIn, no personal data is collected if the components are not used and the user is also not logged in to LinkedIn. Otherwise, data, including the IP address, may be transmitted to LinkedIn and associated with a LinkedIn account. Information about how LinkedIn collects data can be found on LinkedIn’s Website: http://www.linkedin.com/legal/privacy-policy
Third-party offers
Third-party offers (e.g. YouTube videos) may be included on mytaxi.com, whereby the user’s IP address will be transmitted to the third-party provider for technical reasons. We have no influence over how third-party providers store this data. Clarification can be provided only where mytaxi has this information itself.
Disclosure, revocation, and deletion
The user has the right to receive free of charge any information about the collection, processing, or use of personal data that is stored about them, and to request the correction, blocking, or deletion of this data, insofar as there is no legal obligation to retain such data.
(as of July 2014)

Terms and Conditions for mytaxi Payment™

Preamble
The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties.  In case of a conflict between these Terms and the Terms, the provisions of these Terms shall prevail.
Defined terms used in these Payment Terms have the same meanings assigned to them in the Terms.
mytaxi offers you the possibility of settling certain fares procured via the Service via direct electronic payment.  A precondition to use mytaxi Payment is that the taxi driver has also agreed to participate in the mytaxi Payment service.  Payment may be made via the mytaxi-App per electronic direct debit system, credit card charge, PayPal or other payment methods (collectively hereinafter "mytaxi Payment").
Subject Matter
Subject of these Payment Terms is the performance of transportation services via taxi and electronic payments via mytaxi Payments, assuming that you have chosen to pay for the fare via mytaxi Payment at the time you placed the order for transportation services by taxi via the mytaxi-App.  Any taxi transportation that is paid for via mytaxi Payments is hereinafter referred to as a “mytaxi Payment Ride.”
In order to use mytaxi Payment, you must choose an individual identification code (PIN) at the time you register for mytaxi Payment via the Site or the mytaxi-App.
When registering, you shall determine the manner by which payment shall be made.  Available payment methods are direct debit, credit/debit card and/or PayPal.  The choice of payment method may be changed at any time by you via the Site or the mytaxi-App.  In the event you have provided mytaxi with several alternative payment methods, you will be able to choose which payment method you wish to use for each mytaxi Payment Ride prior to authorizing payment.
mytaxi reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason.
In the event you choose PayPal as a payment method, the terms and conditions of PayPal shall apply in addition to these Payment Terms.  Any additional fees charged by PayPal are your sole responsibility and you authorize mytaxi to add such fees, in the event that they are charged to mytaxi, to any amount charged to you.
When relaying a transportation request, mytaxi informs participating taxi drivers that the request is for a mytaxi Payment ride.  Taxi drivers who do not participate in mytaxi Payment will not be eligible to accept requests for mytaxi Payment Rides.
Term and Termination
This Agreement shall commence upon acceptance your application to participate in mytaxi Payment and shall be remain in effect indefinitely until terminated in accordance with the provisions of Section  2.2 below.
The agreement may by either party at any time, with or without reasons by written notice.
After termination of this Agreement, you shall no longer be able to order mytaxi Payment Rides.  However, you will still be able to order taxis via the mytaxi-App, for which payment is then made directly to the taxi driver.  Notwithstanding the termination of this agreement, all unsettled claims for payment you authorized will be paid out to the taxi driver or taxi company that provided you with any mytaxi Payment Ride prior to termination.
Your Obligations and Indemnification
You are not obligated to pay all fares via mytaxi Payment.  However, if you so choose, you will have the option of paying for your fare electronically, but you must make that choice prior to ordering a taxi via the mytaxi-App and you will at that time become obligated to pay the fare via mytaxi Payment.
Upon completion of the trip, the Taxi Driver/Taxi Company shall obtain confirmation that the you are authorized to pay via mytaxi Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation) and a possible gratuity to be paid via mytaxi Payment (hereinafter "Payment Amount"), by having you confirm the fare through the mytaxi-App, by entering your PIN into the mytaxi-App on your Smartphone and thereby agreeing to the amount of the fare and the method of payment.
mytaxi USA Inc.
3634 Georgia Avenue NW, 2nd Floor
Washington DC 20010
By choosing a mytaxi Payment Ride, you agree that you may not receive a printed receipt, except to the extent that written printed receipts are required by local law or regulation.  mytaxi will confirm you payment via email to the email address you provided upon registration.
mytaxi reserves the right to suspend your account temporarily or permanently, at its sole discretion, in the event that mytaxi believes that your PIN or password may have been compromised.  In such cases, mytaxi shall inform you by notice to the email address associated with your account at the earliest possibly opportunity, if possible before your account is suspended.
You are responsible for maintaining all accounts (bank accounts, credit/debit cards, PayPal) in such a manner as to assure that the mytaxi Payment amount billed through the mytaxi-App is covered.  In the event that payment is refused by your bank, credit/debit card provider or by PayPal, you are responsible for any and all expenses, including collection expenses and reasonable attorney’s fees, incurred by mytaxi as a result.
mytaxi assumes no responsibility or liability for any payment errors not caused by mytaxi’s own negligent acts or omissions.  In the event of errors with respect to electronic payments, you must contact your bank, credit/debit card provider or PayPal, as the case may be, to resolve such issues.
In the event that payments are delayed due to your fault, except for delays caused by an event of force majeure as defined in Section 7.5 of these Payment Terms, mytaxi reserves the right to charge interest in the amount of five percent (5%) or the maximum statutory interest rate, whichever is higher, in addition of a processing fee of $15.00.  In addition, in the event that mytaxi suffers damages in excess of the amounts collected pursuant to this Section  3.8, mytaxi shall not be barred from claiming such additional damages.
You agree to indemnify, defend and hold mytaxi, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Payment Terms, including without limitation any breach of the provisions of Sections   3.8, breach of any warranty under these Payment Terms or any activity related to access to or use of your mytaxi account (including negligent or wrongful acts or omissions) by you or any third party accessing the my Taxi Payments service using your account and/or (ii) any violation of law or regulation committed by you while using the mytaxi-App or the mytaxi services.
Warranties and Limitation of Warranties
The legal liability of mytaxi under these Payment Terms is limited to damages arising from mytaxi’s own gross negligence or willful misconduct or the gross negligence or willful misconduct of mytaxi’s employees and/or agents.
mytaxi is entitled to discontinue the mytaxi Payment service temporarily or permanently, with or without informing you, though every reasonable effort will be made to inform you of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.mytaxi.com.
THE MYTAXI PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MYTAXI MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability.
For purposes of this Section, "mytaxi" shall include mytaxi and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MYTAXI WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE TAXI DRIVER/TAXI COMPANY’S OR ANY DRIVER’S USE OF THE MY TAXI PAYMENT SERVICES, EVEN IF MYTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE TAXI DRIVER/TAXI COMPANY SPECIFIC LEGAL RIGHTS, AND THE TAXI DRIVER/TAXI COMPANY MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Relationship of the Parties
mytaxi and Taxi Driver/Taxi Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.
Miscellaneous
Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Payment Terms will continue in effect.
Amendments. mytaxi reserves the right to change these Payment Terms from time to time. Please refer to the mytaxi website periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, you agree to be bound by the revised Payment Terms. The general terms and conditions may be consulted at any time online at www.mytaxi.com or in the Application itself on the Terminal Device. 
Entirety. This agreement shall constitute the complete and exclusive agreement between mytaxi and you. The use of the mytaxi-App in connection with mytaxi Payment is expressly made conditional on your consent to these Payment Terms.
No Waiver. The failure of mytaxi to enforce any right or provision of these Payment Terms will not be deemed a waiver of such right or provision. 
Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Payment Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.
Governing Law. The parties agree that these Payment Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
Effective Date: August 23, 2012
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

mytaxi Payment Introductory Offer Voucher Redemption Conditions

1. You may redeem your mytaxi Payment introductory offer voucher in connection with a taxi trip via participating taxis in the United States only, provided you are a registered mytaxi Payment user and that you have deposited a cashless payment in your mytaxi Payment account via the mytaxi app. using the mytaxi Payment function, and providing that you have informed the participating taxi via the mytaxi app. by selecting the mytaxi Payment function immediately before you begin your trip. 
2. The introductory offer voucher is valid only for a mytaxi Payment trip in the United States and can be redeemed only once within the time period stipulated on the voucher. After use of the voucher code in the mytaxi app., the voucher code as well as the voucher value stipulated on the voucher will be cancelled. Re-use of the voucher code is not possible. Any non-redeemed voucher which remains unused within this period is also cancelled at the end of the stipulated period. Vouchers are not redeemable for cash.
3. The introductory offer voucher is redeemable only from mytaxi Payment participating taxis and only in the  locations in which the placement function of the mytaxi app., as well as the mytaxi Payment payment function are available. Information regarding the towns participating in the placement function of the mytaxi app., as well as the mytaxi Payment payment function can be accessed under www.mytaxi.com. The introductory offer voucher is void where prohibited by law or regulation.
4. The introductory offer voucher entitles you to a single mytaxi Payment trip up to the value of stated on the voucher. To use the voucher, when ordering your taxi, select the cashless payment function via mytaxi Payment within the order template of the mytaxi app. When ordering your taxi using this particular payment option, mytaxi Payment passes your mytaxi search only to those taxi drivers who have registered with mytaxi and are participating in the mytaxi Payment system. At the end of the taxi trip, you confirm with input of your personal identification number (PIN) the total value of the trip, plus any tip which you are free to give, and enter the unique voucher code to obtain the value of the voucher. After input of the unique voucher code in the mytaxi app. order template, your mytaxi account will be credited with the voucher value.
5. Introductory offer vouchers cannot be combined with other offers, subsidies, vouchers, coupons or discounts. The vouchers have no actual cash value, are not transferable, and can be redeemed only once. The voucher is redeemable only by input of the voucher code in the mytaxi app. There is no replacement for lost or stolen vouchers or voucher codes. The voucher cannot be sold or resold, or be redeemed for cash.
6. Customers are entitled to participate in this introductory voucher offer only once. In case of an illegitimate use, mytaxi is entitled to close the customer’s accounts. mytaxi additionally reserves the right to close customer accounts in cases of fraud, attempts at deception, or on suspicion of other unlawful activities in connection with a voucher or voucher redemption. No claim is permitted regarding activation or payment of any affected vouchers.
7. In addition to these redemption conditions, the General Terms & Conditions of mytaxi USA, Inc. apply and are incorporated herein by reference. See: "Terms and Conditions regarding passengers“ in its currently valid form www.mytaxi.com as well as "Payment Conditions" in its currently valid form www.mytaxi.com 

General Terms and Conditions of mytaxi USA Inc. (Drivers)

The following sets forth the general terms and conditions (the “Terms”) between mytaxi USA Inc. (“mytaxi") and taxi drivers (“Driver” or “Drivers”). By using the mytaxi Smartphone App, Drivers agree to be bound by these Terms.

These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the mytaxi Smartphone App and/or the mytaxi Services and shall apply in preference to and supersede any and all other terms and conditions submitted by the Driver.

NOTE: Nothing herein changes the applicability of any local law or regulation pertaining to the transportation of Passengers in taxis. Drivers are bound by such laws and regulations, in particular the laws and regulations pertaining to minimum and maximum charges for such transportation.

1.              Services of mytaxi

1.1.         The Driver shall register with mytaxi, furnishing accurate information, before using the services of mytaxi. Upon successful registration, the Driver shall be entitled to use the mytaxi Smartphone App and the mytaxi Services in accordance with these terms and conditions and applicable laws, rules and regulations.

1.2.         mytaxi shall provide the Driver with the mytaxi Smartphone App (hereinafter, the “mytaxi Smartphone App") and certain services for internet-enabled portable terminal devices such as smart phones (hereinafter, “Terminal Devices"). The mytaxi Smartphone App may be provided via a download link.

1.3.         Using the mytaxi Smartphone App, the Driver may use the mytaxi service, subject to availability, to receive transportation orders through the service and the associated option to be contacted directly by potential Passengers looking for a taxi through mytaxi (hereinafter, “Passengers"). The location of the Driver will be displayed after localization and can be followed by the Passenger via the mytaxi Smartphone App on a map.  Driver specific information, which may include the taxi’s registration and/or license plate number, speed and evaluation rating will be displayed on the Passenger’s Terminal Device. Prior to choosing a taxi, the taxi symbol on the Passenger’s Terminal Device does not display Driver specific information (anonymous data only).  After clicking on the taxi symbol, the Passenger initially is only able to view the type of vehicle and it’s year of production, and whether the taxi is free or occupied.  When the Driver starts the mytaxi Smartphone App, the taxi’s location can be identified by all Passengers and other Drivers also using the mytaxi Smartphone App and the taxi’s position can be located via the mytaxi Smartphone App.  Driver’s can set their status to “occupied” at any time via the mytaxi Smartphone App.

1.4.         The scope of mytaxi service and use of the mytaxi Smartphone App does not include the use of the required internet connection. mytaxi does not provide internet access as part of the mytaxi Services not does mytaxi provide or maintain the networks over which the mytaxi Services are provided. It is the Drivers sole responsibility to arrange for internet access and to configure the Terminal Device for use with the mytaxi Smartphone App.  All associated costs and fees are the Driver’s sole responsibility.

1.5.         For every transportation of a Passenger completed using the mytaxi Smartphone App, the Driver shall pay the charge agreed in accordance with the relevant applicable price list, which is available at www.mytaxi.com. To the extent permitted by applicable law or regulation, there is no charge to the Passenger for placing an order for transportation via the mytaxi Smartphone App.

1.6.         Subject to applicable law or regulation, mytaxi considers that a legally binding contract of carriage is entered into between the Driver and the Passenger through the use of the mytaxi Smartphone App when the "ACCEPT" button is pressed by the Driver. The taxi journey shall be billed to the Passenger in accordance with contractual and statutory provisions in effect in the jurisdiction in which the taxi is operated.

2.              Billing for the mytaxi service

2.1.         The Driver shall be charged for the mytaxi service. Employee Drivers are obligated to disclose the charges to their employer (taxi company).

2.2.         The charges shall be billed by mytaxi at its option on or about the fifteenth (15th) day of the month following the month in which the charges were accrued.  The statement of charges shall contain a summary of the following information: number of successful procurements of Passengers, the name of the Driver, the date and the time the fare was accepted by the Driver and any other information which mytaxi, at its discretion, may wish to include.

2.3.         Payment shall be made by charging the amount owed to the Driver and collecting such payment from the Driver in accordance with the provisions of 0 below.  The Driver agrees to reimburse mytaxi for any and all surcharges, penalties or fees incurred by mytaxi in the event that a pre-authorized debit is declined due to insufficient funds in the Driver’s account.

2.4.         An invoice detailing the charges shall periodically be sent to the Driver by email.

3.              Payment

3.1.         The Driver shall authorize mytaxi upon registration to debit the Driver’s bank account for all amounts payable to mytaxi and the Driver undertakes to issue the necessary authorizations in a form reasonably acceptable to mytaxi. The authorization may be issued to mytaxi either by ticking the appropriate box and filling in the required bank account information on the mytaxi website when registering online or alternatively by using the form provided for this purpose by mytaxi.

3.2.         The debit authorization issued to mytaxi may be revoked at any time by the Driver.  However, if the debit authorization is revoked, the Driver shall no longer be able to participate in the mytaxi Services.

4.              Revisions, Changes and Updates to the mytaxi Smartphone App

4.1.         mytaxi reserves the right to revise, change and/or update the mytaxi Smartphone App in any manner in order to develop it further and improve it qualitatively.  It is the Driver’s responsibility to assure that the latest version of the mytaxi Smartphone App is installed on the Driver’s Terminal Device.

5.              Availability; Limitation of Warranties

5.1.         Subject to these Terms, mytaxi shall provide the mytaxi Smartphone App as well as associated billing and invoicing services. mytaxi warrants that the mytaxi Smartphone App shall substantially conform to the specifications set forth in the documentation and shall function substantially as intended. mytaxi's sole obligation under this warranty shall be limited to using reasonable efforts to ensure such conformity and operation and to supply Driver with a corrected version of the mytaxi Smartphone App as soon as practicable after discovery of an error. This warranty shall be void if the mytaxi Smartphone App is modified without the written consent of mytaxi.

5.2.         The Driver shall have no claim to the continuous and uninterrupted availability of the mytaxi Smartphone App or the mytaxi Services. mytaxi does not warrant (a) that operation of the mytaxi Smartphone App shall be uninterrupted or error free, or (b) that functions contained in the mytaxi Smartphone App shall operate in the combination which may be selected for use by Driver or meet Driver's requirements. mytaxi shall take reasonable steps to achieve maximum possible availability and to rectify any faults in the mytaxi Smartphone App as quickly as possible.

5.3.         Under no circumstances shall mytaxi be liable for the acts or omissions of passengers using the mytaxi Smartphone App, which are transported by the Driver.

5.4.         mytaxi is entitled to discontinue its service temporarily or permanently, with or without informing the Drivers, though every reasonable effort will be made to inform Drivers of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.mytaxi.com.

5.5.         THE SERVICES AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MYTAXI MAKES NO WARRANTY THAT ITS WEBSITE, THE APPLICATION OR ANY SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE.

6.              Limitation of Liability.

6.1.         For purposes of this Section 6, "mytaxi" shall include mytaxi and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

6.2.         TO THE FULLEST EXTENT PERMITTED UNDER LAW, MYTAXI WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO A DRIVER’S USE OF THE APPLICATION OR THE MYTAXI WEBSITE OR THE SERVICES PROVIDED BY MYTAXI, EVEN IF MYTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE APPLICATION, THE MYTAXI WEBSITE OR THE MYTAXI SERVICES; OR (ii) ANY OTHER MATTER RELATING TO THE APPLICATION, THE MYTAXI WEBSITE OR THE MYTAXI SERVICES.

6.3.         SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES DRIVERS SPECIFIC LEGAL RIGHTS, AND DRIVERS MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

7.              General Obligations of the Driver

7.1.         The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by taxi. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the mytaxi Smartphone App. A Driver who is an employee of a taxi company or fleet operator shall ensure that the employer approves the use of the mytaxi Smartphone App. Any changes with respect to the Driver’s authorization to provide transportation services or the employer’s approval of the use of the mytaxi Smartphone App shall be provided to mytaxi in writing immediately upon coming to the attention of the Driver.

7.2.         The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.

7.3.         The Driver shall not use the mytaxi Smartphone App in a manner that it impairs, overload or damages the mytaxi Smartphone App and shall not, or permit others to, circumvent any security or anti-piracy features of the mytaxi Smartphone App, nor shall the Driver circumvent or modify the safety precautions of the mytaxi Smartphone App.

7.4.         All intellectual property rights to the mytaxi Smartphone App shall be retained by mytaxi. The Driver may not copy, modify, reverse engineer, disassemble or distribute the mytaxi Smartphone App provided to him.

7.5.         The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the mytaxi Smartphone App to any third party. The Driver shall have sole responsible for maintaining the confidentiality and security of the Driver’s mytaxi account. The Driver shall bring any unauthorized use by third parties promptly to the attention of mytaxi.

7.6.         The Driver agrees to indemnify, defend and hold mytaxi, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account  or any negligent or wrongful acts or omissions by the Driver or any third party accessing the my Taxi Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the mytaxi Smartphone App or the mytaxi Services.

7.7.         The Driver shall inform mytaxi completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against mytaxi resulting from the Driver’s use of the mytaxi Smartphone App or the mytaxi Services.

7.8.         Any personal data of other mytaxi mytaxi Smartphone App users and/or participants in the mytaxi Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

8.              Obligation to Accept a Transportation Order

8.1.         The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the mytaxi Smartphone App is activated in the taxi and the Driver’s vehicle is not currently engaged in the transportation of another passenger. However, the Driver shall be under no obligation to accept transportation orders for which a commission fee applies which is higher than the agreed on commission fee.

8.2.         The Driver shall update the status of his/her taxi (whether the taxi is free or engaged) in the activated mytaxi Smartphone App at all times, to permit potential Passengers to identify the current status of the taxi.

9.              Termination of the Agreement/Exclusion from Use

9.1.         These Terms shall be effective the date of signature by the Driver and shall continue indefinitely until terminated pursuant to the provisions of this Section 9. 

9.2.         The agreement entered into between mytaxi and the Driver may be terminated at any time by either party with immediate effect and without specifying any reasons.

9.3.         The agreement shall terminate automatically, without any requirement of notice, in the event the Driver is no longer authorized to provide transportation via taxis or hire cars.

9.4.         The Driver may be suspended temporarily or excluded permanently from the use of the services for material breaches of the obligations arising under applicable law or regulation and/or these Terms or any other binding agreements between the parties.

9.5.         The Driver’s right to use the mytaxi Smartphone App and the mytaxi Services may also be suspended, at the sole discretion of mytaxi, if the Driver fails to comply with the obligation to pay all fees due to mytaxi when they are due, revokes the direct debit authorization or fails to carry a passenger after accepting a transportation order or after an advance order has been placed and accepted by the Driver.

10.           Evaluations

10.1.      The Driver agrees that Passengers may evaluate the Driver and the vehicle. mytaxi makes no warranties or representation that the evaluations provided by Passengers will be objective or fair.

10.2.      The Driver acknowledges and agrees that Passenger evaluations may be published on the mytaxi Smartphone App as the Driver participates in the mytaxi Services and uses the mytaxi Smartphone App and that such evaluations shall be accessible to Passengers having ordered transportation services.  To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.

11.           Responsibility for the Contents

11.1.      The sole responsibility for the content published and transmitted in the mytaxi Smartphone App or on the website by the Driver (such as the Driver’s name and any slogan he/she wishes to add) shall lie with the Driver publishing the same. All content shall comply with legal and statutory requirements and the requirements of decency, decorum and objectivity.

11.2.      If any publications breach the above-mentioned regulations, mytaxi shall be authorized to delete same immediately.

12.           Copyrighted Material, mytaxi Smartphone App and Trademark Information.

12.1.      mytaxi’s product names, service names, slogans or logos referenced on mytaxi’s websites and/or in the mytaxi Smartphone Apps are trademarks or registered trademarks of mytaxi. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

12.2.      All of the information, content, and materials offered by mytaxi are protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without mytaxi’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.

12.3.      All right, title and interest in and to the mytaxi Smartphone App and the services provided is and will remain the exclusive property of mytaxi and its licensors. The mytaxi Smartphone App is protected by copyright, trademark and other laws of the United States and other countries.

13.           Relationship of the Parties

13.1.      mytaxi and Driver are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

14.           Miscellaneous

14.1.      Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

14.2.      Amendments. mytaxi reserves the right to change these Terms from time to time. Please refer to the mytaxi website periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.mytaxi.com or in the mytaxi Smartphone App itself on the Terminal Device.

14.3.      Entirety. This agreement shall constitute the complete and exclusive agreement between mytaxi and the Driver with respect to the subject matter of these Terms. The use of the mytaxi Smartphone App is expressly made conditional on the Driver’s your consent to these Terms.

14.4.      No Waiver. The failure of mytaxi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 

14.5.      Force Majeure. mytaxi shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

14.6.      Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the District of Columbia without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.  

General Terms and Conditions for mytaxi Payment™

Preamble

The following terms and conditions (the “Terms”) apply in addition to the General Terms and Conditions (Drivers) (the “GTC”) separately agreed between the parties.  In case of a conflict between these Terms and the GTC, the provisions of these Terms shall prevail.

mytaxi offers its commercial customers (hereinafter "mytaxi Business Accounts") the possibility of settling all fares procured via mytaxi with affiliated taxi drivers or taxi companies (“Taxi Drivers/Taxi Companies”) on the basis of a weekly summary invoice. In addition, mytaxi offers to the mytaxi Business Accounts the opportunity to electronically settle the charge payable by the individual mytaxi passenger via the mytaxi Smartphone App per.

1.              Subject of the contract and the expiration of mytaxi Payment

1.1           Subject of these Terms is the performance of transportation services via taxi and settlement of fares by passengers via cashless payments, the commission to be paid by the taxi drivers/taxi companies for the use of these services and the payment of the fare by mytaxi to the taxi drivers/taxi companies, where payment are made to the taxi driver/taxi company via electronic direct debit system, credit card charge, PayPal or other payment methods (collectively hereinafter "mytaxi Payment").

1.2           When relaying a transportation request, mytaxi shall include in the information relayed that the request is for a fare that will be paid electronically via mytaxi Payment. Passengers eligible to use mytaxi Payment are preregistered with mytaxi and will be provided with an individual identification (eg PIN or TAN) to process and authorize the mytaxi Payment process.

2.              Term and Termination

2.1           This Agreement shall commence upon acceptance of the application by the Taxi Driver/Taxi Company and shall be remain in effect indefinitely until terminated in accordance with the provisions of Section 2.2 or 2.3 below.

2.2           The agreement may be terminated by mytaxi at any time, with or without reasons, upon written notice. The Taxi Driver/Taxi Company may terminate these Terms on four (4) weeks written notice, effective at the end of the month.

2.3           After termination of these Terms, the Taxi Driver/Taxi Company shall no longer be considered for fares that will be paid electronically via mytaxi Payment. Notwithstanding the termination of these Terms, all unsettled claims for payments will be paid out.

3.              Obligations of the Taxi Driver/Taxi Company and Indemnification

3.1           The Taxi Driver/Taxi Company is not obligated to accept a fare that will be paid electronically via mytaxi Payment.  If the Taxi Driver/Taxi Company accepts such an order, however, he/it shall be obligated to execute it properly without demanding immediate payment from the passenger.

3.2           Upon completion of the trip, the Taxi Driver/Taxi Company shall obtain confirmation that the passenger is authorized to pay via mytaxi Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation) and a possible gratuity to be paid via mytaxi Payment (hereinafter "Payment Amount"), by having the passenger confirm the fare through the mytaxi Smartphone App, by entering the passenger’s identification number and thereby agreeing to the amount of the fare and the method of payment.

3.3           The Taxi Driver/Taxi Company warrants that only drivers registered with mytaxi (via the form provided by mytaxi) shall perform passenger transportation payable via mytaxi Payment and that the drivers are familiar with the GTC, these Terms and that they shall comply therewith. The Taxi Driver/Taxi Company is obligated to inform mytaxi immediately when a driver registered with mytaxi is no longer employed by the Taxi Driver/Taxi Company.

3.4           The Taxi Driver/Taxi Company shall provide a receipt to the passenger where same is required by law or regulation.  In addition, the passenger using mytaxi Payment will receive a receipt for payment electronically from mytaxi.

3.5           The Taxi Driver/Taxi Company shall inform mytaxi completely and promptly in the event that the Taxi Driver/Taxi Company receives any information that any third party has brought or intends to bring a claim for damages against mytaxi resulting from the Taxi Driver/Taxi Company’s use of the mytaxi Payment services.

3.6           Any personal data of passengers paying their fares via mytaxi Payment that is transferred or otherwise made known to the Taxi Driver/Taxi Company shall be kept confidential by the Taxi Driver/Taxi Company and shall not be disclosed to third parties, except with the prior written consent of the passenger or as may be required by applicable law or regulation or pursuant to a court order.

3.7           The Taxi Driver/Taxi Company agrees to indemnify, defend and hold mytaxi, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Taxi Driver/Taxi Company’s account or any negligent or wrongful acts or omissions by the Taxi Driver/Taxi Company or any third party accessing the my Taxi Payments service using said account and/or (ii) any violation of law or regulation committed by the Taxi Driver/Taxi Company while using the mytaxi Smartphone App or the mytaxi Services.

4.              Assignment of Receivable

4.1           The Taxi Driver/Taxi Company hereby assigns all receivables due and arising from mytaxi Payments (the “Receivables”) which have been confirmed by the passenger in accordance with Section 3.2 above to mytaxi and mytaxi accepts the assignment.

4.2           mytaxi assumes the risk with respect to all Receivables thus assigned.

5.              Payment of Fees

5.1           The Taxi Driver/Taxi Company agrees that mytaxi shall be entitled to deduct from the payment amount (the fare paid by the passenger) a processing fee (hereinafter "Processing fee") in exchange for the acquisition, handling of the payment claim and the assumption of the credit risk connected to the Receivables assigned, plus a transaction fee (hereinafter “Transaction Fee”) for each mytaxi Payment fare.

5.2           mytaxi’s claim for payment of the Processing Fee as well as the Transaction Fee arises at the time the mytaxi Payment transportation service begins (i.e., at the time the passenger enters the taxi) and will be settled in accordance with Section 6 of these Terms. The commission to be paid in accordance with the GTC remains unaffected.

5.3           The actual amount of the Processing Fee and the Transaction Fee (as well as the commission due under the GTC) depends on the mytaxi price list in its current version which mytaxi provides to its mytaxi Business Accounts and which is available at all times upon request.

6.              Payment Obligation of mytaxi

6.1           mytaxi, in accordance with the provisions of Section 0 of these Terms, agrees to pay to the Taxi Driver/Taxi Company the fare amount of each mytaxi Payment fare, minus the Processing Fee, the Transaction Fee and the commission due under the GTC and shall deposit same in the bank account of the Taxi Driver/Taxi Company, as provided in writing by the Taxi Driver/Taxi Company in the application for participation in the mytaxi program or as otherwise communicated in writing to mytaxi in from time to time.  It is the Taxi Driver/Taxi Company’s sole responsibility to update its bank account information as necessary.

6.2           Payment of the amounts due to the Taxi Driver/Taxi Company is due on or about the 15th day of the month following the month in which the transportation services paid via mytaxi Payment were performed.

7.              Warranties and Limitation of Warranties

7.1           The Taxi Driver/Taxi Company represents and warrants that the Receivables assigned pursuant to Section 4 above (i) are valid; (ii) have arisen solely out of bona fide performance of taxi transportation services in the ordinary course of Taxi Driver/Taxi Company’s business; and (iii) are not subject to any prior Lien and are not subject to valid defenses, set-offs or counterclaims and there are no refunds, discounts or other adjustments payable in respect of such Receivables.

7.2           The legal liability of mytaxi under these Terms is limited to damages arising from mytaxi’s own gross negligence or willful misconduct or the gross negligence or willful misconduct of mytaxi’s employees and/or agents.  Under no circumstances shall mytaxi be liable for the acts or omissions of passengers who are transported by the Taxi Driver/Taxi Company.

7.3           mytaxi is entitled to discontinue the mytaxi Payment service temporarily or permanently, with or without informing the Taxi Driver/Taxi Company, though every reasonable effort will be made to inform the Taxi Driver/Taxi Company of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.mytaxi.com.

7.4           THE MYTAXI PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. MYTAXI MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE.

8.              Limitation of Liability.

8.1           For purposes of this Section 8, "mytaxi" shall include mytaxi and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

8.2           TO THE FULLEST EXTENT PERMITTED UNDER LAW, MYTAXI WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO THE TAXI DRIVER/TAXI COMPANY’S OR ANY DRIVER’S USE OF THE MY TAXI PAYMENT SERVICES, EVEN IF MYTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3           SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES THE TAXI DRIVER/TAXI COMPANY SPECIFIC LEGAL RIGHTS, AND THE TAXI DRIVER/TAXI COMPANY MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

9.              Relationship of the Parties

9.1           mytaxi and Taxi Driver/Taxi Company are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

10.           Miscellaneous

10.1        Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

10.2        Amendments. mytaxi reserves the right to change these Terms from time to time. Please refer to the mytaxi website periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, the Taxi Driver/Taxi Company agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.mytaxi.com or in the mytaxi Smartphone App itself on the Terminal Device.

10.3        Entirety. This agreement shall constitute the complete and exclusive agreement between mytaxi and the Taxi Driver/Taxi Company with respect to the subject matter hereof. The use of mytaxi Payment by the Taxi Driver/Taxi Company is expressly made conditional on the Taxi Driver/Taxi Company’s consent to these Terms.

10.4        No Waiver. The failure of mytaxi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

10.5        Force Majeure. mytaxi shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

10.6        Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the District of Columbia without regard to its conflict of law provisions. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.

Addendum Governing mytaxi Advance Reservations

Preamble

This addendum (the “Addendum”) shall apply, in addition to the General Terms and Conditions (Drivers) with respect to the mytaxi advanced reservations service.

mytaxi customers may make an Advance Reservation (hereinafter referred to as "Advance Reservation") for a journey, to be conveyed by a Driver via the mytaxi Smartphone App. mytaxi will forward the enquiry for ordering a taxi made by a mytaxi customer by way of an Advance Reservation to the Driver. By accepting the Advance Reservation, the Driver shall in particular be bound to execute the order for transportation services in line with the customer's reservation specifications.

Capitalized terms not otherwise defined in this Addendum shall have the meanings assigned to them in the General Terms and Conditions of mytaxi USA Inc. (Drivers), which are incorporated herein by reference.

1.              Subject of the Addendum

1.1.         The subject of this Addendum is the Driver’s commitment to any Advance Reservation made by a mytaxi customer, as accepted by said Driver.

2.              Obligations on the part of the Driver

2.1.         The Driver shall be at liberty to accept or reject any request for an Advance Reservation.

2.2.         Should the Driver acknowledge acceptance of the Advance Reservation of a mytaxi customer using the mytaxi Smartphone App, the Driver undertakes to honor the Advance Reservation in line with the customer's reservation specifications, i.e. receive the customer at the stipulated time and location, and take the latter to the desired destination.

2.3.         Should the Driver be unable to honor the Advance Reservation after having accepted for reasons which are beyond the Driver’s control, the Driver she shall be obligated to cancel the Advance Reservation in via the mytaxi Smartphone App without delay. mytaxi will then offer the Advance Reservation to other Drivers for acceptance. The Driver shall make reasonable efforts to find a replacement Driver to accept the newly offered Advance Reservation.

3.              Breach

3.1.         Should the Driver cancel an Advance Reservation accepted without being obligated to do so based on reasons beyond the Driver’s control, or should the Driver fail to cancel the Advance Reservation without delay, or should the Driver fail, upon cancelling an Advance Reservation, to make every reasonable effort to find a replacement Driver to accept the Advance Reservation, mytaxi shall be entitled to exclude the Driver from being assigned to journeys and/or from being assigned Advance Reservations for any period of time of mytaxi’s choosing, at mytaxi’s sole discretion.

3.2.         Should third parties, such as Passengers who have made an Advance Reservation via mytaxi or their affiliated companies, assert any claims to the effect that the Driver has cancelled an accepted Advance Reservation or not carried out the journey of an Advance Reservation, or not have been on time, said Driver shall indemnify, defend and hold mytaxi, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by mytaxi as a result of such claim.

4.              Term and Termination

4.1.         This Addendum shall be effective the date of signature by the Driver and shall continue indefinitely until terminated or cancelled pursuant to the provisions of Sections 4.2 or 4.3 below.

4.2.         This Addendum may be terminated by either party in writing at any time without the need for giving reasons, by giving one (1) week's notice.

4.3.         The agreement shall terminate automatically, without any requirement of notice, (1) if the Driver is no longer authorized to provide transportation via taxis or hire cars, or (2) if the agreement between the Driver and mytaxi pursuant to the General Terms and Conditions of mytaxi USA Inc. (Drivers) is terminated or cancelled for any reason.

5.              Miscellaneous

5.1.         Severability. If any part of this Addendum is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Addendum will continue in effect.

5.2.         Amendments. mytaxi reserves the right to change the terms of this Addendum from time to time. Please refer to the mytaxi website periodically for any changes. By continuing to access or use the Service after mytaxi makes any such changes, the Driver agrees to be bound by the revised terms of this Addendum.

5.3.         Entirety. This Addendum shall constitute the complete and exclusive agreement between mytaxi and the Driver with respect to the subject matter of the Addendum. The use of the mytaxi Smartphone App for obtaining Advance Reservations is expressly made conditional on the Driver’s consent to the Terms of this Addendum.

5.4.         No Waiver. The failure of mytaxi to enforce any right or provision of the terms of this Addendum will not be deemed a waiver of such right or provision. 

5.5.         Force Majeure. Neither party shall be liable for any failure to perform its obligations under the terms of this Addendum where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

5.6.         Governing Law. The parties agree that the terms of this Addendum and any claims hereunder shall be governed by and subject to the state and federal laws of the District of Columbia without regard to its conflict of law provisions.  Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. 

General Terms and Conditions of Business for mytaxi Business Accounts for Trips on Account 

of Intelligent Apps GmbH, Große Elbstraße 273, 22767 Hamburg (hereinafter: "mytaxi"), Managing Director Jan-Niclaus Mewes, Trade Register AG Hamburg, HRB 110337, Tel: +49-40-30606890, Fax: +49-40-306068966, Email: info@mytaxi.com. 

The following terms and conditions apply in addition to the mytaxi General Terms and Conditions of Business and the master and framework agreements separately agreed between the Parties and in case of doubt take priority over them. The Contractual Partner's own General Terms and Conditions of Business are not a component of the contract, even if mytaxi does not expressly revoke them. 

mytaxi sends invoices and other correspondence exclusively to the Contractual Partner by email. 

1. Object of the contract 

1.1. With this contract, mytaxi enables commercial Contractual Partners to settle and pay for the passenger transport arranged via mytaxi, as well as for courier and carrier trips by taxi operators affiliated with mytaxi, based on a monthly collective invoice (hereinafter called: "Trips on Account"). The Contractual Partner may only settle arranged passenger transport as a Trip on Account up to the maximum owed gross fare agreed between the Contractual Parties. mytaxi sets up an individual Business Accont for the Contractual Partner for this purpose, which the Contractual Partner can access on www.mytaxi.com. mytaxi does not view a gross fare exceeding the maximum amount (plus any potential tip by the passenger) as a Trip on Account, and the passenger must pay this immediately on site in cash or using a different payment method.  

1.2. The Contractual Parties agree a monthly invoice limit in a separate agreement in advance. The Contractual Partner may, within the limits of this amount, settle and pay for his Trips on Account according to the provisions of this contract. mytaxi does not view passenger transport using drivers/ taxi operators affiliated with mytaxi, which exceed this specified invoice limit in the given month, as Trips on Account, and the passenger must pay for these in cash or using a different payment method. mytaxi exclusively reserves the right to adjust the monthly invoice limit at any time, so long as it announces this to the Contractual Partner in his Business Account in advance.      

1.3. mytaxi assigns an individual ID to every passenger transport arranged by mytaxi as a Trip on Account (hereinafter called "mytaxi Invoice TAN") for verification and settling of Trips on Account. The Contractual Partner must independently pass on the mytaxi Invoice TAN generated by mytaxi and provided to the Contractual Partner on booking to the authorized users in order to settle the relevant passenger transport. In addition, the Contractual Partner himself may determine additional users in his Business Account, which he can access via www.mytaxi.com, (e.g. selected employees of the Contractual Partner) in consultation with them as authorized parties for a Trip on Account and amend this selection independently at any time.  

1.4. After the end of the trip, the driver obtains a confirmation of the fare by ensuring that the passenger enters his mytaxi Invoice TAN matching the amount of the fare and approves settlement as a Trip on Account. The driver than treats the trip as paid, and mytaxi charges the fare to the Contractual Partner in a collective invoice. 

2. Contractual duties of the Contractual Partner

2.1. The Contractual Partner is obligated to take all reasonable precautions immediately after receiving the mytaxi Invoice TAN in order to protect the mytaxi Invoice TAN against unauthorized access. In particular, the mytaxi Invoice TAN must only be provided to the passenger authorized for the passenger transport as a Trip on Account. Damage and consequential damage resulting from the loss or forwarding of the mytaxi Invoice TAN to a person not authorized to the Trip on Account are charged to the Contractual Partner. 

2.2. The Contractual Partner agrees to use his Business Account with appropriate diligence and to only grant authorized persons access to the Business Account. The Contractual Partner will neither himself, nor allow third parties to, avoid or amend his Business Account's security measures, nor misuse it in any other way. 

3. Invoicing by mytaxi

3.1. The Contractual Partner agrees to transfer to mytaxi the unpaid claims amount invoiced by mytaxi on a monthly basis within one week of receiving the invoice. 

3.2. If the Contractual Partner does not meet his obligations of paying the invoice in a timely manner, or if he otherwise defaults on payment of the monthly invoices for Trips on Account, mytaxi is entitled to block the function, which is the object of this contract, of settling passenger transport trips as well as courier and carrier trips as Trips on Account via his mytaxi Business Account effective immediately and without prior notification until all open invoices have been paid in full. mytaxi has the right to do the same if the Contractual Partner's creditworthiness suffers. mytaxi shall inform the Contractual Partner immediately if his account is blocked.  

3.3. The Contractual Partner is obligated to check invoices for Trips on Account immediately on receipt and to inform mytaxi immediately of any discrepancies in the invoice. The Contractual Partner approves the invoice by paying it without reservations. The Contractual Partner is not authorized to only pay part of the invoice amount to mytaxi, or to not pay it at all, nor to set it off with a counter-claim, except if the latter is undisputed and has been confirmed legally.   

4. Employee training 

After releasing the Business Account, mytaxi shall carry out a one-off training with one of the Contractual Partner's employees as specified by the Contractual Partner and entrusted with handling the Business Account. To the extent that the Contractual Partner requests this, mytaxi shall also carry out a one-off training of an employee authorized to use the mytaxi app in how to operate this. These employee training sessions take place at the Contractual Partner's offices during regular working hours. The Contractual Partner is responsible for ensuring that the employees selected for the training are available and present on the agreed date. 

5. Liability 

5.1. mytaxi's statutory liability for its own violations of duty and those of its vicarious agents and assistants is limited to foreseeable damages in the case of intent or gross negligence. In the case of simple negligence, mytaxi is only liable to the same extent if material duties are violated. The above-mentioned limitation to liability shall not apply for loss of life, bodily harm or damages to health. 

5.2. mytaxi shall provide the Contractual Partner with the additional service function of Trips on Account and with the Business Account free of charge. mytaxi expressly does not accept liability in the case of a system failure or a functional fault of the mytaxi application.  mytaxi also does not accept liability if third parties, or the Contractual Partner himself, misuse the Business Account or the Contractual Partner's Invoice TAN. 

5.3. Liability for the services provided by the driver/taxi operator is precluded because mytaxi merely arranges the transaction. 

6. Contract term and cancellation

6.1. On application, mytaxi checks the commercial Contractual Partner's creditworthiness as a result of the previous measures, which mytaxi carries out on granting the Trips on Account. This contract is dependent on the suspending condition that the commercial Contractual Partner passes a creditworthiness check. This contract becomes effective on the date of the confirmation of acceptance, which mytaxi sends to the Contractual Partner in writing, and remains valid for an indefinite period. 

6.2. Either Party may cancel the contract in writing without providing reasons with a notice period of 1 month for the end of the month, however the Contractual Partner may only cancel the contract after the initial 6 months. 

6.3. After the termination of this contract, the function, which is the object of this contract, of settling passenger transport trips as well as courier and carrier trips as Trips on Account via his mytaxi Business Account is blocked. The Contractual Partner may then no longer settle passenger transport orders as Trips on Account, and mytaxi no longer treats them as such. Any open claims already incurred are still charged to the Contractual Partner after the termination of this contract.  

6.4. This shall not affect the right to a cancellation without a notice period for good cause. Good cause is deemed to exist if the Contractual Partner violates his contractual duties as set out in Items 2 and 3 of this contract. A reduction of the Contractual Partner's creditworthiness, an application for insolvency relating to the Contractual Partner as well as the Contractual Partner's insolvency, are also considered good cause.   

7. Public image of the cooperation

mytaxi may, at its sole discretion, use the Contractual Partner's brand and logo exclusively to present the cooperation as part of company presentations on the mytaxi website on www.mytaxi.com and for its public image for potential contractual partners and customers.  The Contractual Partner may at any time object in writing to the use of its brand and logo for the described public image of mytaxi. The Contractual Partner may, in consultation with mytaxi, present the mytaxi logo and brand in the format specified by mytaxi on its communication platform during the contract term in order to present this cooperation.  

8. Prohibition of assignment, final provisions

8.1. The Contractual Partner may not transfer the rights and duties to which he is entitled based on this contract to third parties in full or in part. 

8.2. This contract is governed by German law. Hamburg is the sole jurisdiction, to the extent that this does not contradict any mandatory provisions. 

8.3. mytaxi reserves the right to amend these General Terms and Conditions of Business, to the extent that this is reasonable for the Contractual Partner. If the Contractual Partner does not make use of his cancellation right within three weeks of an amendment being announced, he is deemed to have agreed to the changes. The General Terms and Conditions of Business can be viewed online at any time on www.mytaxi.com or on end devices on the mytaxi application itself.  

8.4. If one provision of this contract is invalid, or impracticable, or if the contract contains lacunae, the validity of the remaining terms shall not be affected. The invalid provision shall be replaced by, and the lacuna shall be filled with, a provision that approximates the economic purpose of the General Terms and Conditions of Business as closely as possible.  

(Version as on November 2012)