KUNVEY, INC. / EFRAVEL.COM TERMS AND CONDITIONS
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH EFRAVEL.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement”) for eFravel.com, a website owned and operated by Kunvey, Inc., a New York corporation, whose principal office is located in Suffolk County, New York. This User Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and Kunvey, Inc. (“eFravel.com,” “eFravel,” “We,” “Us” or “Our”). This Agreement describes the terms and conditions that will govern your use and participation of the services available under the domain and sub-domains of www.eFravel.com (the "Site").
eFravel.com is an online social networking service that provides a venue to establish connections that enable persons who seek transportation to certain destinations (“Drivers”) to find and choose a transportation vehicle needing transport to or through those destinations or to find person(s) willing to share their vehicle with other passengers to or through those destinations (“Vehicles Owner(s)”); and for Vehicle owners/suppliers to find Drivers to transport their vehicle(s) or to share a vehicle with the owners to certain destinations. (For purposes of this Agreement these services shall collectively be defined as the "Services"). Please read this Agreement carefully before registering for the Services that the Site provides. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may register for any of the services provided through the Site. By registering for any of the Services, you become a User of all Services available on the Site (“Participant” or “User”) and you agree to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. We strongly recommend that, as you read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and Kunvey, Inc.
1. ELIGIBILITY: Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, you represent and warrant that you are at least 18 years old. By using the Site or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity. We do not assume any responsibility or liability regarding the age of the user and are not obligated to verify the actual age of the user.
2. REGISTRATION AND FEES: To access the Services on eFravel.com, you must register for the Service. Registration on eFravel.com is free. If and when a Driver and a Vehicle Owner establish a connection, both the Driver and Vehicle Owner each shall pay eFravel.com a connection fee (“Fees”). Drivers and Vehicle Owners will have an opportunity to review and accept any Fees that will be charged. Our Fees Policy is available on this Site and is incorporated into this Agreement by reference. We may change our Fees Policy and the Fees for our services from time to time. Our changes to the policy are effective after we provide You with at least thirty (30) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees Policy and the Fees for our Services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in U.S. Dollars. You are responsible for paying all Fees associated with using our Services and the Site and all applicable taxes which may vary by state or jurisdiction.
3. TERM AND TERMINATION: This Agreement is effective upon acceptance in registration for new Users and for all Users upon the posting dates of any subsequent amendments to this Agreement. You may terminate your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your participation in eFravel by removing Your Information at any time, for any reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us, We shall refund, pro rata, any unused portion of any Fees that have been received from You. However, We shall not be liable to You for any refund of any unused portion of any Fees and may continue to bar Your use of the Service in the future provided that in the event that We determine, in our sole discretion, that there has been any breach of this Agreement by You. Even after your participation in eFravel is terminated, this Agreement will remain in effect.
5. RESTRICTED ACTIVITIES: You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in eFravel if You have misused the Site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
(i.) With respect to your participation on the Site or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements you make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other website for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
(ii.) You further agree that Your Information and your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe 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; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your eFravel.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions and we shall not refund Your Fees.
7. INFORMATION CONTROL: We cannot verify or guarantee the accuracy of the information Users provide us when they register on the Site, and We do not control the information provided by other Users that is made available through our system. Therefore, eFravel.com cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and eFravel is not responsible for the acts or omissions of users on the Site. In order to help you evaluate with whom you are dealing, eFravel.com offers a user-initiated feedback and rating system as defined below. We also encourage you to communicate directly with each potential Driver or Vehicle owner/supplier prior to engaging in an arranged transportation service.
8. FEEDBACK: Feedback is a Participant-initiated system on eFravel.com that allows Vehicles and Drivers to rate and evaluate other eFravel.com Participants, designed for the purpose of facilitating a better match experience. Feedback does not reflect the opinions or endorsements of Us. By registering as a Participant, You agree to the following:
(a) You will not take any actions that may undermine the integrity of the feedback system.
(b) We reserve the right to terminate any User’s participation in eFravel.com if such User receives negative feedback from any other Participant, however, we are not obligated to review or evaluate the Feedback with respect to any Participant. eFravel is not responsible for the content of any Feedback. It reserves the right to monitor, but is not obligated to do so, all content posted in the Feedback system.
9. eFravel E-MAIL COMMUNICATIONS: E-mail communications sent from Us or through Us are designed to make Your eFravel experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing you about potential available Vehicles or Drivers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications please do not register for the Service.
10. INTELLECTUAL PROPERTY: All intellectual property rights on the Site and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this website are the property of their respective owners.
11. INDEMNITY: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
(a) Your breach of this Agreement or the documents it incorporates by reference; or (b) your violation of any law or the rights of a third party, including, without limitation, any allegation that any materials that You submit to Us or transmit to the Service or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. ONLINE CONTENT DISCLAIMER: Opinions, advice, statements, offers, or other information or content made available through the Service, 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.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR US FULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER DO WE ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO PARTICIPANTS. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER PARTICIPANTS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
13. OTHER DISCLAIMERS: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS 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 the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.
WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO CONNECTIVITY AND AVAILABILITY.
We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site or the Services by persons under the age of 18 in violation of this Agreement. Also it is possible that other Users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Site or through the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Site or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Site or through the Services. Please carefully select the type of information that You post on the Site or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers").
EFRAVEL.COM ONLY OFFERS A VENUE THAT ENABLES VEHICLE OWNERS AND DRIVERS TO MATCH ESTABLISH A CONNECTION WITH EACH OTHER. EFRAVEL.COM DOES NOT OFFER TRANSPORTATION SERVICES AND EFRAVEL IS NOT A TRANSPORTATION COMPANY.
We are not involved in the actual transportation services between Vehicles owners and Drivers. As a result, we have no control over the quality or safety of the transportation that occurs as a result of this service; nor do we have any control over the truth or accuracy of the of Participants’ information listed on eFravel.com. We cannot ensure that a Driver or Vehicle owner/supplier will actually complete an arranged service.
14. LIMITATION OF LIABILITY: IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, 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 OUR SERVICE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR 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. WE DO NOT SCREEN THE PARTICIPANTS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
15. COMPLAINTS: To resolve a complaint regarding the Service, You should first contact via email our Customer Service Department, .
16. RELEASE: In the event that You have a dispute with one or more Users, You agree to release eFravel.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 to such disputes with other Users or to Your use of the Site or the Services.
17. INFORMATION CONTROL: We do not control the information provided by other Users that is made available through our system. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and eFravel is not responsible for the acts or omissions of users on the Site. eFravel is not responsible for lost or stolen information or data.
18. BREACH: Without limiting other remedies, we may terminate but are not obligated to terminate your Participation, remove Your Information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent activity in connection with the Site or the Services.
19. RESOLUTION OF DISPUTES AND LEGAL CLAIMS: You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in Suffolk County, New York . The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
21. NO AGENCY: You and eFravel are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
22. NOTICES: Except as explicitly stated otherwise, any notices to eFravel shall be sent to , and any notices to You shall be given to You via the email address you provide to eFravel.com during the registration process or may be posted on the website. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to eFravel.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
23. GENERAL: This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall been forced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Kunvey, Inc. in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. Sections referring to Fees, Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement. ***
Your IP Address
Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
Data We Collect From You
In order to operate the Site 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 the Site) such as full name, postal address, phone number or email address), "financial information" (i.e. credit card numbers or passwords) or "demographic information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your “Profile” (for example, don’t use your address or passcode as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Site do we knowingly collect 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.
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with eFravel.com), and to forward trip information to you from other eFravel.com users. These types of communications, are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers. To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, 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 the Site, 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 the Site, 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. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.
How We Use Financial Data
How We Use Demographic Data
Our Security Precautions
The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. 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.