Terms & Conditions

1. DEFINITIONS:
“User”: you or any person, who uses, downloads or accesses the Service or the Application. “Content”: includes any text, graphics, images, music, software (not including the Application), audio, video, information or other materials. “User Content”: anything that a user posts, uploads, publishes, submits or conveys to be made available through the or Application. “Company Content” any Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. “Collective Content” means, collectively, Company Content and User Content

2. TERMS AND CONDITIONS:The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (the “user” or “you”) and Flivar, product/software/services provided by TekMerchant Limited Liability corporation (the “Company”, “we”, or “us”). In order to use the service (the “Service (s)”) or the related application (“App”) you must agree to all the terms and conditions that are set out in this Agreement. By using or receiving any Services supplied to you by the Company, and downloading, installing or using any related App provided by the Company which purpose is to enable you to use the Service, you hereby deliberately acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at http://flivar.com/terms-of-use/ or through the App. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Company Website or Application. It is your responsibility to always review this Agreement. Sustained use of the Service or the App after any or such amendments and additions to the Agreement shall constitute your consent to such changes.THE COMPANY IS NOT A TRANSPORTATION SERVICES OR PROVIDER AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. THE COMPANY ONLY CONNECTS YOU OR ANY USERS VIA THE APP OR THE WEB TO THE THIRD-PARTY TRANSPORTATION PROVIDERS, DRIVERS OR VEHICLE OPERATORS WHO ARE WILLING AND ON THEIR OWN DISCRETION TO OFFER TRANSPORTATION SERVICES.THE COMPANY ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES AND IS NOT RESPONSIBLE OR LIABILE FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. THE SERVICE AND APPLICATION IS NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18).

3. REPRESENTATIONS AND WARRANTIES:
By using the Service or Application, you expressly agree, represent, and warrant to all the following:
You are at least 18 years old.
You have the right, authority and capacity to enter this Agreement.
You abide by the terms and conditions of this Agreement.
You read, write and understand English.
You are using the Service or the App for your sole personal use.
You do not authorize others to use your user status.
You will keep secure and confidential your username and account password or any identification we provide you which allows access to the Service or the App.
You do not assign or otherwise transfer your user account to any other person or entity.
You comply with all applicable laws from the country, state and city in which you are present while using the Application or Service.
You only access the Service using authorized means.
You are responsible to check and ensure that you download the correct Application for your device.
The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset.
The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use or store in your user account any Counterfeit credit cards.
You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other content without consent from the Company.
You will only use the Application and Service for your own use and will not resell it to a third party.
You will provide us with whatever proof of identity we may reasonably request.
You will only use an access point or 2G and up data account (AP) which you are authorized to use.
You are aware that when requesting transportation services by SMS, standard Messaging and data charges will apply.

4. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES:
The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate the third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

5. PAYMENT TERMS:
Any charges that the Company may charge You for the usage of the Application or Service, are due immediately and are non-refundable. All charges made are non-refundable. This no refund policy shall apply always regardless of Your choice to terminate usage of Application or Service, our choice to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any other reason whatsoever. The Company reserves the right to determine final charges. The charges are based on incorporated factors, included but not limited to distance, duration, time of day and location, and type of Service.
The Company, at its sole discretion, makes promotional offers with different features and different prices to any persons. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or agreement. The Company may change the charges for its Application or Service, whenever it is necessary for our business, and encourages you to check this agreement and our website periodically if You are interested to learn about how the Company charges for the usage of our Application or Service.
In the event that You cancel or withdraw a ride request on the Company Platform more than five (5) minutes after your request is accepted by a driver, you agree to pay a nonrefundable $20.00 for hourly booked fleets and all other will be $10.00 cancellation fee.
If a driver reports to the Company that You, or another party who was with You during the ride, in any manner materially damaged the Driver’s vehicle, the company may, in its sole and absolute discretion, charge Your credit card a “Damage Charge” of minimum $50.00. If the damage exceeds $50.00. You agree to pay in full for driver’s cost of repairing or cleaning the vehicle. This Damage Charge is paid to the driver less the Company Fee of $25.00. The Company reserve the right (but is not obligated) to verify or require documentation of damage prior to processing the Damage Charge.

6. THIRD PARTY INTERACTIONS:
During use of the Application and Service, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event, shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application if you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at www.flivar.com. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

7. DISCLAIMER OF WARRANTIES:
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES USING THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. INTERNET DELAYS:
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

9. LIMITATION OF LIABILITY:
IN NO EVENT, SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED USING THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.

10. CONDUCT OF USERS:
By entering this Agreement or using the Application or the Service you agree that (1) you will not misuse any third-party car, use any third-party car for any illegal purpose, engage in any illegal activities (such as carrying any kind of drugs of narcotics) in any third-party car; and (2) you will comply with the laws of the City and State where you use the App.

11. INDEMNIFICATION:
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your use or misuse of the Application or Service.

12. NOTICE:
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following mailing address: 5004 HoneyGo Center Drive, Ste 102 – 229 , Perry Hall, MD 21128 addressed to the attention of: Managing Director.

13. ASSIGNMENT:
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

14. GOVERNING LAW:

This Agreement is governed by the laws of the Commonwealth of Baltimore and the laws of the United States of America as applied in Baltimore. Any suit, action or proceeding arising out of this Agreement shall be instituted in the federal courts or state courts located in Baltimore, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

15. DISPUTE RESOLUTION:

You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $250.00, then the arbitration will be conducted solely based on documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $250.00, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

    • Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75.00, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    • Additional Fees

The following additional fees will be applied, as needed:
• Large items and excess baggage: $10.00 flat
• Any pickup between 11:00 PM and 5:00 AM will incur an additional $10.00 charge added to
cost of service.
• Any pickup for International flights will incur an additional $10.00 charge added to cost of
service for the time the chauffer must wait while you clear customs.
• Any pickup between 7:00 AM and 9:00 AM and 2.00 pm and 5.00 PM will incur an additional
$10.00 charge added to counts to Heavy traffic / traffic time to cost of service.

• Phone-based Reservation Fee May Apply: $2.00

    • Changes

Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

16. WAIT TIMES

Wait times will vary for “Book Now and Book Later” service, dependent on traffic, weather, and vehicle availability. Users are encouraged to monitor the estimated wait time using the Service. For advance reservations, we guarantee the vehicle will arrive on or before the scheduled time of pickup at the location entered by the User. If, for some reason, the vehicle does not arrive as scheduled, the User must call the number provided to allow us to dispatch an alternative. The User is responsible for being available by phone in the event the Operator calls for assistance, such as to be let into a gated community, at or near the time of pickup.

17. Travel Times and Delays

Flivar Service and its partners are not responsible for significant delays in anticipated arrival due to traffic, extreme weather, road construction, or other unforeseen circumstances. Users are responsible for requesting a vehicle in enough time to make any necessary appointments, including flights.

18. GENERAL:

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider because of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced fully under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

1. DEFINITIONS:
“User”: you or any person, who uses, downloads or accesses the Service or the Application. “Content”: includes any text, graphics, images, music, software (not including the Application), audio, video, information or other materials. “User Content”: anything that a user posts, uploads, publishes, submits or conveys to be made available through the or Application. “Company Content” any Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. “Collective Content” means, collectively, Company Content and User Content

BACKGROUND
FLIVAR is a service/app provided by Tekmerchant LLC] (“FLIVAR“, “our”, “us”, or “we”) provides a proprietary service (the ”FLIVAR Platform”) centred around a smart phone application (the “Application”) that enables persons who seek transportation services (“Riders”) to be matched with third-party transportation service providers (“Drivers”), and to facilitate transactions among Riders and Drivers who use the filvar Platform (together referred to as “Users”). The filvar Platform includes the Application and any other features, content, websites or applications offered from time to time by filvar in connection with the Application. THE FLIVAR PLATFORM DOES NOT INCLUDE THE PROVISION OF TRANSPORTATION SERVICES. filvar IS A TECHNOLOGY PROVIDER, NOT A TRANSPORTATION CARRIER, AND filvar HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY THIRD PARTIES.
filvar is committed to protecting our users’ privacy. The following Privacy Policy outlines the information filvar may collect and how we may use that information to better serve visitors and members while using our Web site, such as www.flivar.com and our Mobile Application.
BY USING OUR WEBSITE AND MOBILE APPLICATION (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices.
If you have questions about this Privacy Policy, please contact us at support@flivar.com
INFORMATION WE COLLECT
Upon registration with the Service (either as a consumer, partner or driver), a user profile is developed to further customize the user’s experience. The current required data fields are:

  • Email
  • Password
  • Name
  • Mobile Number
  • Date of birth
  • Gender

In addition, tracking information is collected as you navigate through our website (the “Website”) or use the Service, including, but not limited to geographic areas. If you are traveling in a vehicle ordered via the Service, the driver’s mobile phone will record your GPS coordinates. Most GPS enabled mobile devices can define one’s location to within 12-31 Miles. We collect this information to calculate your fare and do not use it for any other purpose.
We also collect users’ device types and unique identifiers. We use this information for the sole purpose of providing you with the most up to date application and features. You may also choose to upload a photo while using the site or application, if you wish to do so, this information may be viewable by the drivers who are picking you up so that they can verify your identity. You may remove such photos or update them at any time by logging into your account. If you use our services through your mobile device, we will track your geo-location information so that you are able to view the drivers in your area, set your pick-up location, and so that drivers are able to find your pick up location We will not share this information for any other purpose and will only use this information for the sole purpose of fulfilling your request. You may at any time no longer allow our application to track your geo-location information by turning off the geo-tracking function on your mobile device.
To help us serve you, we use “cookies” to store and sometimes track user information. A cookie is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your web browser.
Users of the Website should be aware that non-personal information and data may be automatically collected by virtue of the standard operation of the Company’s computer servers or through the use of “cookies”. Cookies are files used by a website to recognize repeat users. They enable website to track web usage behavior. Cookies take up minimal room on your computer and cannot damage your computer’s files. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. Users should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties. If you do not want information to be collected using cookies, your browser allows you to deny or accept the use of cookies. There may, however, be some features of the Service which require the use of cookies to customize the delivery of information to you.
The use of third party cookies is not covered by our privacy policy. We do not have access or control over these cookies.

CHILDREN UNDER 13

The Site and Services are not directed to children and children are not eligible to use our Sites or Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 13 years of age, and no part of our Site or Services is designed to attract people under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Services.

HOW WE USE YOUR INFORMATION

Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. We use this information to closely monitor which features of the Service are used most, to allow you to view your trip history, store your credit card information with our PCI certified payment partner, view any promotions we may currently be running, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources, we use the mobile information collected so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases marketing purposes. We use the credit card information you provide to us so that we can bill you for services.
The Company uses your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer our Website. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.

SERVICE-RELATED ANNOUNCEMENTS

We will send you strictly service-related announcements on rare occasions when we deem it necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you may deactivate your account.

CUSTOMER SERVICE

Based upon the personally identifiable information you provide to us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

TARGETED ADVERTISING

We may use your user information to engage in Targeted advertising. This information is a collection of a user’s including the user’s web browsing and search history. This information is used to select which www.flivar.com advertisement should be displayed to a particular individual on websites other than www.flivar.com. For example, if you have shown a preference for nursing while visiting www.flivar.com, you may be served an advertisement from www.flivar.com for nursing related programs when you visit a site other than www.flivar.com. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any personal information such as an individual’s name, address or credit card number. Targeted advertisements may come from www.flivar.com or through third party website publishers.

OUR DISCLOSURE OF YOUR INFORMATION

We do not sell, rent or trade your personal information or geo-location information. We will only use this information as disclosed within this privacy policy.
The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our drivers, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Service are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.
The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as required by law.
If we are involved in a merger, acquisition, or sale of all or a portion of filvar you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any additional choices you may have regarding the protection of your personal information.

ACCESS TO YOUR PERSONAL INFORMATION

If your personal information changes, or if you no longer desire our service, you may correct, delete inaccuracies, or amend it by making the change on our member information page or by emailing us at support@flivar.com. We will respond to your access request within 30 days.
We will retain your information (including geo-location) for if your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@flivar.com. We will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SECURITY

The personally identifiable and geo-location information we collect is stored within our database, we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) to protect your information. However, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. We recommend that you not disclose your password to anyone.

INVITE FRIENDS

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at support@flivar.com to request that we remove this information from our database.

SOCIAL MEDIA (FEATURES) AND WIDGETS

Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, the pages you visit on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

CHANGES IN THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

DISPUTE RESOLUTION

You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY 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. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Virginia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $250. then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $250., your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, but only to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75.00. and if you prevail in the arbitration by receiving damages for the claimed amount set forth in your complaint, Company will pay all such fees.

Additional Fees

The following additional fees will be applied, as needed:
• Large items and excess baggage: $10.00 flat
• Extra Stops: $10.00 per stop
• Any pickup between 11:00 PM and 5:00 AM will incur an additional $10.00 charge added to
cost of service.
• Any pickup for International flights will incur an additional $10.00 charge added to cost of
service for the time the chauffer must wait while you clear customs.
• Any pickup between 7:00 AM and 9:00 AM and 2.00 pm and 5.00 PM will incur an additional
$10.00 charge added to counts to Heavy traffic / traffic time to cost of service.
• Phone-based Reservation Fee May Apply: $2.00

Changes

Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from filvar at any time by sending an email to support@filvar.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES

filvar may, in filvar’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that filvar establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by filvar; (iii) may be disabled by filvar at any time for any reason without liability to filvar; (iv) may only be used pursuant to the specific terms that filvar establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. filvar reserves the right to withhold or deduct credits or other features or benefits obtained using Promo Codes by you or any other user if filvar determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to filvar’s support team. Please visit filvar’s web page at www.filvar.com for the designated address and additional information.

GENERAL

You may not assign or transfer these Terms in whole or in part without filvar r’s prior written approval. You give your approval to filvar for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of filvar’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, filvar or any Third-Party Provider because of the contract between you and filvar or use of the Services.

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