ITSUMO - The Cambodia Taxi Terms and Conditions

FOR TAXI DRIVERS AND PASSENGERS

This Terms of Use presents the gGeneral Conditionsh applicable to the use of services offered by ITSUMO - The Cambodia Taxi, either through the website www.itsumotaxi.com, application software for mobile phone handset (Application) or website. The user certifies that he agrees to all terms set forth by ITSUMO - The Cambodia Taxi to access and request services. If you do not agree with the terms and conditions of use of the system and the privacy policy of ITSUMO - The Cambodia Taxi or not willing to be associated to it, do not install the Application, delete it and do not make any use of it and website.

 

1.    TERMS

  1. gTaxi(s)h or gDriverh: User musts that register as taxi drivers on the Website, Application or signing a paper agreement and that is accepted by ITSUMO - The Cambodia Taxi to participate in the project. This User must have: a) all the licenses, permits and other necessary documentation for providing the taxi service in accordance with the laws and regulations applicable in the territory where the User is registered and b) a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of motor vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service;
  2. gPassenger(s)h means any User who signs up and registers as passengers on the Application;
  3. gServicesh means the passenger transport services through taxi provided by the Taxi drivers to the Passengers.
  4. gUserh: Taxi Drivers and/or Passengers.
  5. gApplicationh: means software provided by ITSUMO - The Cambodia Taxi to optimize taxi request service.

 

2.    WHAT IS THE APPLICATION?

The ITSUMO - The Cambodia Taxi Application consists in a specialize service with the purpose to optimize the Taxi request service, however without creating any employee relationship with the Taxi, meaning that ITSUMO - The Cambodia Taxi should be considered only as a service provider with the purpose of scheduling. Through the system, ITSUMO - The Cambodia Taxi allows, totally free of charge, the PASSENGERS to sign up and locate the nearest TAXI DRIVERS to request their services in a more efficient way than the conventional existing methods. The TAXI DRIVER, by his means, can register on the Website, application or signing paper agreement, pending an evaluation from ITSUMO - The Cambodia Taxi and the necessary documentation when signing up to participate in the project. The TAXI DRIVER will pay a fixed fee per received orders placed by Passengers aiming for taxi services and using the Application.

 

 

3.    REGISTRATION AND USE OF THE SYSTEM

  1. When registering, the User agrees to provide accurate information, complete and updated as requested on the form filled, being ITSUMO - The Cambodia Taxi not obliged to supervise or control the accuracy of the information.
  2. Only those individuals who have full legal capacity are allowed to participate in the project. Their legal representative should assist people who do not enjoy this capability, among them under aged.
  3. The TAXI DRIVER agrees that by registering he will be scrutinized to be accepted by ITSUMO - The Cambodia Taxi who may refuse or cancel his user account at any time in its sole discretion, whether by complaints or by internal policy.
  4. The ITSUMO - The Cambodia Taxi further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the User.
  5. The ITSUMO - The Cambodia Taxi is not liable for any damage resulting from the disclosure of the password to third parties. You shall be solely responsible for this.
  6. You may not transfer in any way, the userfs registration to a third party.


4.    LIMITATION OF LIABILITY

Relationship Driver Passenger:

  1. ITSUMO - The Cambodia Taxi does not provide transportation services by taxi, serving only as an intermediary or agent to the Taxi in order to optimize the scheduling service for the taxi. Thus, by accepting the provision of services by the TAXI DRIVER, the PASSENGER acknowledges that the ITSUMO - The Cambodia Taxi has no direct association with the TAXI DRIVER, it just facilitates contact between driver and passenger. The user acknowledges and agrees that ITSUMO TAXI is not liable for any act or omissions committed by any user, whether by robbery, commitment break as a result of any act, discussions, and others including the effective fulfillment of the obligations assumed by the users and loss not being for tax purposes. The User acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. ITSUMO - The Cambodia Taxi recommends that every transaction is done with good sense. Using the Application User acknowledges his acceptance to present version of Terms and Conditions, Privacy policy and/or other rules announced by ITSUMO - The Cambodia Taxi.

 

From availability and inconsistency in the system:

  1. ITSUMO - The Cambodia Taxi does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for any damages caused to Users.
  2. You agree that ITSUMO - The Cambodia Taxi is also not responsible for any damages or losses caused to your computer or other device as a result of using the Application.
  3. ITSUMO - The Cambodia Taxi is not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar.

 

Compensation for damages:

  1. User agrees to indemnify and hold harmless the ITSUMO - The Cambodia Taxi and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneysf fees and court costs for the damage they cause.

 

5.    OBLIGATIONS, LIABILITIES AND RISKS OF PASSENGERS

  1. The PASSENGER certifies that he uses the service for their own free will and untrammeled choice and recognizes and accepts as its responsibility and risk for using the Application.

 

The acceptance and refusal and cancellation of services:

  1. The acceptance and denial of the service may occur at first by DRIVER, who can accept or deny the service when receiving a notification for a ride. PASSENGER may cancel the contract for any reason. Both recognize that ITSUMO - The Cambodia Taxi is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between passenger and driver, nor for any delay or failure in the delivery of services from the DRIVER.

The information and risks of the service:

  1. The PASSENGER acknowledges and declares that understands and is aware of all the risks involved in the use of the Application and contracting services, pledging to reasonably take care as expected of someone who chooses a taxi to transport himself.
  2. The PASSENGER acknowledges and agrees that ITSUMO - The Cambodia Taxi performs no DRIVER selection for legally providing taxi services in the market.
  3. The PASSENGER acknowledges and agrees that ITSUMO - The Cambodia Taxi performs no DRIVER selection to accept itfs physical suitability or mental health to provide the Services.
  4. The PASSENGER acknowledges that the data provided from the TAXI DRIVER, such as: (i) vehicle model, (ii) plate of the vehicle, (iii) full name, (iv) profile picture, among others, were provided by the DRIVER himself.
  5. By accepting the Services, the PASSENGER acknowledges that ITSUMO - The Cambodia Taxi has no involvement in the contractual relationship between Driver and Passenger. When ITSUMO - The Cambodia Taxi helps the Driver to collect from PASSENGER the payment for Taxi services provided, ITSUMO - The Cambodia Taxi acts as an agent only and the aforesaid constitute no recognition of ITSUMO - The Cambodia Taxi involvement in such relationship.

 

 

6.  EVALUATION OF USERS

 

  1. It is a choice for the PASSENGER to evaluate the TAXI DRIVERS who transported them, assigning scores or commenting their service. Evaluations shall be for the exclusive use of ITSUMO TAXI in order to better serve the PASSENGER, and may even block the TAXI DRIVER in case of several complaints. ITSUMO - The Cambodia Taxi reserves the right to use the evaluations to improve the service, whether for internal or external usage.
  2. PASSENGER acknowledges that TAXI DRIVERS who transported them are assigning scores or commenting and in this way evaluating PASSENGERfs behavior. Evaluations shall be for the exclusive use of ITSUMO - The Cambodia Taxi, and may even block the PASSENGERS in case of several complaints. ITSUMO - The Cambodia Taxi reserves the right to use the evaluations to improve the service, whether for internal or external usage.

 

 

7.    PRIVACY POLICY

  1. ITSUMO - The Cambodia Taxi will collect, store and may transmit or make available to any third party data and information provided by the PASSENGER upon the registration on the Application, not limited to the location, full name, last name, profile photo, phone, email and for TAXI DRIVER, besides the previously mentioned, the registration number and grantee or auxiliary data of your vehicle, such as make, model, color and plate, among others.
  2. ITSUMO - The Cambodia Taxi implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected.
  3. Whenever the PASSENGER conducts financial transactions on the Application, ITSUMO - The Cambodia Taxi will collect all relevant information and may disclose it for specific system usage purposes. The user now authorizes ITSUMO - The Cambodia Taxi to communicate to the outsourcing payment service providers, if the user engages (or that ITSUMO TAXI believe he was involved) in any activity that is illegal, which violates the rights of any person or lead to suspension or termination of the use of the system.
  4. ITSUMO - The Cambodia Taxi shall not be liable for any loss of user data, including resulting of force majeure, that occurred because of the invasions to the Application and security breach by unauthorized third parties.

 

 

8.    SANCTIONS

The ITSUMO - The Cambodia Taxi may in its sole discretion notify, suspend or terminate, temporarily or permanently, the account of any user at any time, and take legal actions if: (i) violates any of the representations, warranties and obligations contained in these Terms of Use any policies or rules and adjacent to it, (ii) deceptive or fraudulent practices, or (iii) ITSUMO - The Cambodia Taxi concludes, in its sole discretion, that the activities and attitudes have caused or may cause harm to others or the ITSUMO - The Cambodia Taxi in its own. The User shall not be entitled to any indemnity or compensation for the cancellation or suspension of your account on the system.

 

9.    LICENSE

  1. ITSUMO - The Cambodia Taxi grants to the User a limited, personal, nonexclusive, nontransferable, non-commercial and fully revocable license to use the Application on his mobile or computer, in conformance and agreement of the terms contained in this Agreement. ITSUMO TAXI reserves all rights to the Application not expressly granted here.
  2. The ITSUMO - The Cambodia Taxi is not liable for any damage suffered by the User who has copied, transferred, distributed or used any Application protected content, violating the rights of others.

 

10.  GENERAL CONDITIONS

  1. This Terms and Conditions of Use does not generate any partnership agreement, in office, franchise or employment relationship between the User and the ITSUMO TAXI.
  2. This Terms and Conditions of Use may be changed by ITSUMO - The Cambodia Taxi anytime. The changes will come into force automatically on the date of the publication of the new version on the Website.
  3. These Terms of Use shall be governed by and interpreted in accordance with the laws of each country and any disputes arising from this disclaimer which cannot be resolved by the parties, shall be submitted to the jurisdiction of the each determined city.
  4. By registering as a driver or passenger in the system and electronically accepting this Term, by clicking the gI accept the terms of useh, the User declares automatically and unconditionally to comply with these Terms and all other policies and rules available in the system.

 

11.  USE OF THE SERVICE

Only registered users may use ITSUMO - The Cambodia Taxi to call for taxis. By registering to use the service, you agree to:

  1. Provide truthful and up to date information during the registration process, and shall only use the service in good faith, without breaking any laws in the country where the taxi is requested.
  2. Never abuse the service by requesting a taxi without the intention of using it. If a problem arises during the use of the service, users shall, in good faith, attempt to solve the problem with the help of the TAXI DRIVER and ITSUMO - The Cambodia Taxifs customer service.
  3. Never use the service in a way that causes damage to ITSUMO - The Cambodia Taxi or one of its partners.

 

12. PAYMENTS AND THE IN-APP PAYMENT FUNCTION

 

Users understand and agree that payment must be provided to the taxi driver regardless of any malfunction of the mobile application.

In particular, when using the in-app payment functionality, or ITSUMO - The Cambodia Taxi Pay, users accept that there might be circumstances beyond ITSUMO - The Cambodia Taxifs control that might cause a credit card to be rejected, and that, in such circumstances, the User must reach an alternative payment method with the Taxi driver.

Payments made through ITSUMO - The Cambodia Taxi Pay are collected by ITSUMO - The Cambodia Taxi and processed to the Taxi drivers for their provided services.

13.   LIMITS OF LIABILITY

Users accept that ITSUMO - The Cambodia Taxi acts solely as a scheduling/matching service between its Users and Taxi drivers, and that it is not responsible for any issues that arise during the taxi ride, such as accidents, delays or car discomfort.

ITSUMO - The Cambodia Taxi, on the other hand, commits to provide a thorough screening service so that only taxi drivers in good, legal standing in their cities/countries shall take part on the service.

 

14.  INTELLECTUAL PROPERTY

Use of the service does not transmit any intellectual property rights between ITSUMO - The Cambodia Taxi and its Users. Users agree not to steal and/or publish, without ITSUMO - The Cambodia Taxifs explicit consent, any material, screens or artwork presented by the Application during the use of the service.

 

15.  TERMINATION

ITSUMO - The Cambodia Taxi reserves the right in its sole discretion to block any User on its platform should it suspect said user is attempting to abuse the platform or mislead Taxi drivers, ITSUMO - The Cambodia Taxi employees, partners or other users through the platform. These actions include, but are not limited to: using stolen credit cards, requesting taxis without the intention to board them, not paying for the service and constantly cancelling requests before the Taxi arrives.

 

 

Version 1 of ITSUMO - The Cambodia Taxi Terms and Conditions.

Date of entry into force: December 15, 2016.