TERMS of USE

 

1. Introduction.

In this Service Agreement (“Agreement”),”Customer,” User, “you” and “your” refer to each customer or user and TAXIBARCELONA-MR, “we,” “us” and “our” refer to Mercè Ribas Almazán, NIF 37324977-W. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

By selecting TAXIBARCELONA-MR service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Barcelona (SPAIN), the location of our principal place of business. All event and / or services are Non-Refundable.

2. Services.

TAXIBARCELONA-MR offers transportation for people by taxi from Barcelona (SPAIN) to anywhere at Spain or in Europe. We offer all the services related to Taxi Service in our town Barcelona.

3. Fees & Payment.

As consideration for the services you have selected, you agree to pay TAXIBARCELONA-MR the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with TAXIBARCELONA-MR at all times. All fees are due immediately upon registration and are non-refundable. TAXIBARCELONA-MR may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by TAXIBARCELONA-MR to collect such fees.

In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies TAXIBARCELONA-MR may have, we may, in our sole discretion, suspend or terminate your account.

4. Term of Service.

Unless otherwise specified, each TAXIBARCELONA-MR service, is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate such service (which you can do at any time by logging into your TAXIBARCELONA-MR account and indicating your election to terminate such service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

5. Third-Party Information.

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

6. Modifications to Agreement.

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the TAXIBARCELONA-MR website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of TAXIBARCELONA-MR or any partner of TAXIBARCELONA-MR is authorized to alter or amend the terms and conditions of this Agreement.

7. Ownership of the domains.

Ownership of the domains of TAXIBARCELONA-MR .

In compliance with spanish Law 34/2002 of information society services and electronic commerce (LSSICE), we inform you that the ownership of the domains of TAXIBARCELONA-MR, https://taxibarcelona-mr.es, https://taxibarcelona-mr.cat, https://taxibarcelona-mr.com, www.taxibarcelona-mr.net and www.taxibarcelona-mr.eu belongs to: Mercè Ribas Almazán, NIF 37324977-W, with address at c / Paral·lel 140, 1º 2ª – 08015 BARCELONA.

For any query, please contact http://https://taxibarcelona-mr.cat e-mail info@taxibarcelona-mr.cat or phone 678 907 581. Our telephone hours are 10: 00 to 14: 00 and 16: 00 to 20: 00 hours Monday to Friday.

 

8. Prohibited Conduct.

You agree that you will only use our services for lawful purposes.

9. Notices and Announcements.

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.

10. Limitation of Liability.

To the extent permitted at law, TAXIBARCELONA-MR and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the TAXIBARCELONA-MR services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i )any third party claims arising from or based on your use of our services; (ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; or (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees. You agree that our entire liability, and your exclusive remedy, with respect to any TAXIBARCELONA-MR service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

11. Indemnity.

You agree to release, indemnify, and hold TAXIBARCELONA-MR, Immersion Enterprises. inc., our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from the TAXIBARCELONA-MR services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the TAXIBARCELONA-MR services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

12. Breach.

You agree that your failure to abide by any provision of this Agreement, any TAXIBARCELONA-MR operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

13. Representations and Warranties.

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for TAXIBARCELONA-MR service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.

14. Release.

You release TAXIBARCELONA-MR, Immersion Enterprises. inc., our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services.

15. Disclaimer.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is,” and “as available” basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TAXIBARCELONA-MR reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to TAXIBARCELONA-MR for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

16. Severability.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

17. Entirety.

You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

18. Non-Assignment.

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

19. Governing Law. Applicable legislation. Submission to jurisdictions.

You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the Reing of Spain, and the city of Barcelona, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the Barcelona. You agree that any action, suit or application will be brought and heard in Barcelona.

The buyings and sellings and reservations realized in the websites https://taxibarcelona-mr.es, https://taxibarcelona-mr.cat, https://taxibarcelona-mr.com, www.taxibarcelona-mr.net and www.taxibarcelona-mr.eu, surrender to the Spanish legislation.

In the assumption from which any conflict or discrepancy arises in the interpretation or application of the present contractual conditions, the Courts and Tribunals that, in his case, will know about the matter, they will be those that the legal applicable regulation arranges on the subject of competent jurisdiction, in which it is attended, talking each other about final consumers, to the place of the fulfillment of the obligation or to that of the domicile of the buying part.

In case the buying part has his domicile out of Spain, or that it is a question of a buying and selling realized by a company, both parts surrender, with express resignation to any other jurisdiction, to the Court and Courts of Barcelona (Spain).

The present General Conditions of Hiring are updated to date 1-10-2011.

20. Agreement to be Bound.

By applying for the service(s) of TAXIBARCELONA-MR or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by TAXIBARCELONA-MR.

DISCLAIMER: THE PERFORMANCE EXPERIENCED BY THE USER COMMENTS AND TESTIMONIALS ON THIS PAGE AND/OR OUR WEBSITE IS NOT WHAT YOU SHOULD EXPECT TO EXPERIENCE. COMPANY HAS NOT INVESTIGATED OR SUBSTANTIATED ANY OF THE USER COMMENTS OR CLAIMS. SOME OF THE USERS MAY, IN SOME CASES, BEEN INCENTIVIZED TO SUBMIT THEIR COMMENTS, AND COMPANY HAS NOT VERIFIED THE COMMENTS QUOTED IN THEM.