Huang Hou Car Service User AgreementThis following user agreement describes the terms and conditions on which Huang Hou Car Service, Inc. offers you access to Huang Hou Car Service.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Huang Hou Car Service, Inc. (“Huang Hou,” “we,” “us” or “our”), a New York corporation, governing your use of the Huang Hou application, website, and technology platform (collectively, the “Huang Hou”).
Huang Hou provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access Huang Hou. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through Huang Hou shall be referred to collectively as the “Services”.
Huang Hou does not provide transportation services, and Huang Hou is not a transportation carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through Huang Hou, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through Huang Hou. Any decision by a User to offer or accept Services once such User is matched through Huang Hou is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
By creating your User account and using Huang Hou, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access Huang Hou or the Services.
1) Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of Huang Hou or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Huang Hou or the Services.
The Huang Hou is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Huang Hou is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Huang Hou Cities page (/cities), plus any tips to the Driver that you elect to pay. Huang Hou has the authority and reserves the right to determine and modify pricing by posting applicable Charges to your market’s Huang Hou Cities page. Charges may vary based on the type of service you request (e.g., Huang Hou 4, Huang Hou 6) as described on your market’s Huang Hou Cities page. You are responsible for reviewing the applicable Huang Hou Cities page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. In all markets, Charges are subject to maximum limits as set forth in your market’s Huang Hou Cities page.
– Ride Fees. Ride Fees consist of a flat rate base on the distance of your ride. For particular short rides, minimum ride fees may apply.
– Cancel Ride
– Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Huang Hou in its sole discretion), towards vehicle repair or cleaning. Huang Hou reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
– Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances). In addition, where required by law Huang Hou will collect applicable taxes. See your market’s Huang Hou Cities page for details on other Charges that may apply. Any tips will be provided entirely to the applicable Driver.
– Facilitation of Payments. All charges can be accepted in the form in cash payment and credit cards. All credit card payments will be facilitate through a third-party payment system(e.g Square, Stripe, or Braintree, etc)
– No Refunds. Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Huang Hou
4) Huang Hou Communications
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Huang Hou, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Huang Hou, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of Huang Hou or Services, updates concerning new and existing features on Huang Hou, communications concerning promotions run by us or our third party partners, and news concerning Huang Hou and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
5) Your Information
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable Huang Hou to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Huang Hou does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Huang Hou for accessing Huang Hou. You are solely and fully responsible for all activities that occur under your User account, and Huang Hou expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
6) Restricted Activities
With respect to your use of Huang Hou and your participation in the Services, you agree that you will not:
- a) impersonate any person or entity;
b) stalk, threaten, or otherwise harass any person, or carry any weapons;
c) violate any law, statute, ordinance or regulation;
d) interfere with or disrupt the Services or Huang Hou or the servers or networks connected to Huang Hou;
e) post Information or interact on Huang Hou or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f) use Huang Hou in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Huang Hou;
i) “frame” or “mirror” any part of Huang Hou, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
j) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Huang Hou or any software used on or for Huang Hou;
k) rent, lease, lend, sell, redistribute, license or sublicense Huang Hou or access to any portion of Huang Hou;
l) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ksdache Platform or its contents;
m) create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
n) link directly or indirectly to any other web sites;
o) transfer or sell your User account, password and/or identification to any other party; or
p) cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
The following disclaimers are made on behalf of Huang Hou, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
Huang Hou is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of Huang Hou and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of Huang Hou or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in Huang Hou will be corrected, or that Huang Hou is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of Huang Hou or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using Huang Hou and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of Huang Hou by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Huang Hou is not responsible for the conduct, whether online or offline, of any User of Huang Hou or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using Huang Hou and participating in the Services, you agree to accept such risks and agree that Huang Hou is not responsible for the acts or omissions of Users on Huang Hou or participating in the Services.
Opinions, advice, statements, offers, or other information or content made available through Huang Hou, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on Huang Hou or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of Huang Hou and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Huang Hou contains (or you may be sent through Huang Hou) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through Huang Hou.
Location data provided by Huang Hou is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Huang Hou, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by Huang Hou. Any of your Information, including geolocational data, you upload, provide, or post on Huang Hou may be accessible to Huang Hou and certain Users of Huang Hou.
This paragraph applies to any version of the Ksdache Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Ksdache. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to Huang Hou. Huang Hou, not Apple, is solely responsible for Huang Hou and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Huang Hou and participation in the Services, including:
your breach of this Agreement or the documents it incorporates by reference;
your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
any allegation that any materials that you submit to us or transmit through Huang Hou or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
9) Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE LYFT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE LYFT PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF LYFT’S INSURANCE POLICIES REFERENCED AT WWW.LYFT.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE LYFT PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10) Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of Huang Hou and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND HUANG HOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1) Data We Collect From You
In order to operate Huang Hou and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using Huang Hou) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Huang Hou and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your Huang Hou account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
– “non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of Huang Hou; and
– “public information”, which consists of all other demographic information.
Please note that nowhere on Huang Hou do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
2) How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate Huang Hou, to contact You in connection with Your transactions and other activities on Huang Hou (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Huang Hou)
To operate Huang Hou, including processing Your transactions and supporting Your activities on Huang Hou, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on Huang Hou, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on Huang Hou, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
3) How We Use Demographic Data
4) How to Edit Your Information
Huang Hou provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the Huang Hou menu. There You can view, update and correct Your account information.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Huang Hou upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
5) Information Retention
6) Special Cases in Which We Share Personal Information
7) Our Security Precautions
Your Huang Hou Profile is password-protected so that only You and authorized Huang Hou employees have access to Your account information. If You have registered for Huang Hou using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Huang Hou staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Huang Hou account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
Huang Hou has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
9) Contacting Huang Hou
If You have any questions about this privacy statement, the practices of Huang Hou, or Your dealings with Huang Hou, You may contact Us at [email protected]