Terms & Conditions for Elite Transportation Service, App & Website
Prior to the downloading of the Elite Application (App) or accessing Elite's
proprietary website www.eliteny.com(Site) for the purpose of accessing
chauffeured ground transportation services (Service) please read this
document carefully. The terms and conditions contained herein constitute
a legal agreement (Agreement) between you (the Customer) and Elite
Limousine Plus, Inc. (Elite), a New York State corporation, headquartered
at 32-72 Gale Avenue, Long Island City, NY 11004 USA.Use of the Service,
Appand/or the Site indicates that the Customeraccepts the Agreement
as presented. Further Elite reserves the right to modify the terms and
conditions of the Agreement; Any such changes will be published on the
App and/or Site and become effective immediately. It is the Customer's
responsibility to review the terms and conditions of service periodically.
Continued use of the App and/or Site to obtain Service after any changes or
modifications are effected shall constitute the Customer's consent to such
Cost of Service & Ancillary Chargers
The Customer agrees that the cost of any services provided by Elite will be as listed in the Elite Rate Book. Elite may change the Rate Book or parts thereof at any time upon 30 days notice to the Customer.
In addition to the basic fare the Customer agrees to pay all ancillary charges necessary in providing service, including but not limited to wait time, tolls, stops, service charge, fuel surcharge, and state or local taxes or surcharges. Descriptions and schedules of all ancillary charges are listed in the Elite Rate Book.
Any changes to credit card status including updated expiration date need to be updated in the account profile. If settlement of charges cannot be settled within 30 days, late payments are subject to interest charges added in the amount of two percent per month.
The Customer agrees and acknowledges that neither Elite nor the franchisee shall be liable in any way for any packages, parcels, suitcases, briefcase or item given to the driver or placed in the driver's car.
Customer Obligation to Inform
The Customer acknowledges that Elite has relied upon the statements of the Customer made in this Agreement in allowing the Customer to be serviced by Elite and for the credit terms contained herein. The Customer shall immediately inform Elite of any change in any of the information contained in this Agreement.
The persons/entities guarantee that all information contained herein is completely true, accurate and not misleading and that the terms, conditions, covenants will be complied with by the corporation, it officers, directors, agents and employees in their entirety.
The Customer agrees to submit any questions on invoicing within 60 days from date of credit card charge by Elite.
By using the Elite App and/or Site the Customer expressly represents and warrants that the Customer is legally entitled to obtain the Service provided.The Customer shall not use the App and/or Site if the Customer's residence is in a jurisdiction that restricts the use of the App and/or Site and any Service secured because of age restriction (persons under the age of 18). By using the App and/or Site, the Customer represents and warrants that the Customer is at least 18 years old. By using the App and/or the Site, the Customer represents and warrants that the Customer has the right, authority and capacity to use the App or Site and to abide by the terms and conditions of this agreement of use. The Customer represents and warrants that participation in procuring Service obtained through the App and/or Site is for the Customer's sole, personal use. The Customer may not authorize others to use the Customer's status, and the Customer may not assign or otherwise transfer the Customer's access to any other person or entity. When using the App and/or Site the Customer agrees to comply with all applicable laws from the Customer's home nation, the country, state and city in which the Customer is present while using the Appor Site.
It is the responsibility of the Customer to possess the compatible technology to download the App or to access the Site. The Customer may obtain Service only using authorized means. Elite reserves the right to terminate this Agreement should the Customer be accessing Service through the App and/or Site with an incompatible or unauthorized device.
By using the App and/or Site, the Customer hereby acknowledges that:
- Elite will not be liable under any circumstances for damage caused to the Customer's device or software;
- Elite reserves the right to withdraw or amend the service it provides on the site without notice; and
- Elite will not be liable if for any reason the Site is unavailable at any time or for any period
By using the App or Site, the Customer agrees that:
- The Customer will not impair the proper operation of the App, Site or network of Services provided;
- The Customer will not try to harm the App, Site or network of Services provided in any way whatsoever;
- The Customer will not use the App or Site to cause nuisance, annoyance or inconvenience;
- The Customer will only use the App or Site for lawful purposes;
- The Customer will not use the App or Site for sending or storing any unlawful material or for fraudulent purposes;
- The Customer will not copy, or distribute the App or Site or any content of the same without written permission from Elite;
- The Customer will only use the App or Site or Services obtained through the App or Site for the Customer's personal use only and will not resell it to a third party;
- The Customer will keep secure and confidential the logon password or any identification which allows access to the App or Site;
- The Customer is responsible for restricting access to the Customers handheld device and/or computer where appropriate;
- The Customer will provide Elite with whatever proof of identity we may reasonably request;
- The Customer will only use an access point or wireless data account which the Customer is authorized to use;
- The Customer is aware that when requesting transportation services by SMS, standard messaging charges will apply.
Use of the App or the Site does not entitle the Customer to:
- Download (other than page caching) or modify the Site, or any part of it, except with the express written consent of Elite;
- Use the Site or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of Elite;
- Collect and use of any product listings, descriptions or prices;
- Use of data mining robots or other data gathering/extraction tools;
- Attempt or assist anyone to attempt to reverse engineer, decompile, disassemble, adapt,modify, copy, reproduce, sub-license, make available to the public, create any derivative works from, distribute, commercially exploit, transmit or otherwise use the Site , or any part of it, in any way.
Periodically, Elite may restrict access to some parts of the App or Site, or the entire of either, to Customers who have registered with Elite.
Intellectual Property Ownership
Elite is the owner or the licensee of all (registered and unregistered) intellectual property rights in the App and Site, in the material publishedon it other than any third party intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Application or the Service. Those works are protected by copyright laws,trademark laws and treaties around the world. All such rights are reserved.
Elite shall own all right, title and interest, including all related intellectualproperty rights, in and to the App, Site and distribution of the Service and this Agreement is not a sale and does not convey to the Customer any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Elite. The Elite name, the Elite logo, and the product names associated with the App and Site are trademarks of Elite and no right or license is granted to use them.
Customers may print copies, and may download extracts, of any page(s) from the App or Site solely for personal reference. Customers must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and Customers must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Customers may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or contents of the site without Elite's permission.
In the event that a Customer signs up for a particular service that requires registration, Elite may request the Customer to provide personal information. If this information is utilized in a manner different than the purpose for which it was collected, please contact Elite immediately and inform us as it is an oversight rather than intentional. Telephone Elite Customer Service at 718-472-2300 or email customer_service@Eliteny.com.
Other than information stored locally on the Customers own devices, all personal Customer information provided to and held by Elite, including name, email address and credit card or Charge Account methods is maintained in encrypted form on secured servers configured to the PCI Data Security Standard (DSS),developed for merchants by the PCI Security Standards Council to ensure continued protection for credit cards. By using Elite's Services or registering, downloading information or entering the App or the Site the Customer consents to the processing (collecting, using, disclosing, retaining or disposing of personal data) of Customer information under the terms of this policy.
The PCI Security Standards Council offers:
- Robust and comprehensive standards and supporting materials to enhance payment card data security;
- A framework of specifications, tools, measurements and support resources to help organizations ensure the safe handling of cardholder information at every step; and
- The PCI DSS which provides an actionable framework for developing a robust payment card data security process-including prevention, detection and appropriate reaction to security incidents.
Elite may collect information about the Customer's computer and/or the Customer's your mobile telephone device, including where available the Customers IP address, operating system and browser type, for system administration.. This is statistical data about Elite's Customers' browsing actions and patterns, and does not identify any individual.
- Elite will not share personal information with other companies or individuals outside of Elite unless we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Elite, its Customers or the public as required or permitted by law.
- Elite may share with third parties certain pieces of aggregated, non-personal information, such as the number of Customers who traveled from or to a particular place, for example, or how many Customers clicked on a particular offer. Such information does not identify the Customer individually.
The Data Protection Act 1998 (the "Act") gives the Customer the right to access information held about the Customer. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of US $25.00 to meet Elite's costs in providing you with details of the information it holds about you. Elite also asks that you provide it with two forms of photographic identification so that it can verify your identity. Any request should be in writing and addressed to Elite by mail at 32-72 Gale Ave., Long Island City, NY 11101 or by email at email@example.com. Elite will use reasonable efforts to supply, correct or delete personal information about the Customeron its files. Elite shall endeavor to respond as soon as practicably possible within the statutory period of 40 days from receipt of the request and fee.
In as much as Elite has developed a Google Maps (Maps) API implementation for use by other Customers in obtaining from Elite chauffeured ground transportation services, Elite agrees to adhere to the following:
- Elite agrees that content provided to Elite through the Google Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google. When Google provides this attribution, Elite will display it as provided through the Google Service or as described in the Maps APIs Documentation and will not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Elite agrees to include and display the "powered by Google" attribution (and/or any other attribution(s) required by Google as described in the Maps APIs Documentation) conspicuously on the page, in close proximity and adjacent to the Service search box and Google search results. If Elite uses the standard Google search control, or the standard Google search control form, this attribution will be included automatically, and Elite agrees not to modify or obscure this automatically-generated attribution
- Elite understands and agrees that Google has the sole right and discretion to determine whether Elite's attribution(s) are in compliance with the above requirements.
Elite shall have the right to suspend service to the Customer without notice if the Customer does not comply with any terms or conditions of this Agreement.
The Customer Service Team at Elite is the point of contact for resolution of any disputes. Business hours are Monday to Friday 9 AM to 5 PM Eastern Standard Time except holidays. Telephone 718-472-2300 or e-mail firstname.lastname@example.org. Messages left or sent after hours will be responded to on the next business day.
If Elite does not elect to pursue a remedy for one or more occasions this shall not be deemed to be a waiver of Elite's right to pursue the same remedy at some time in the future.
This contract shall be deemed to be a contract made under the laws of the State of New York and shall be construed and enforced and governed by the laws of said state.
Both parties hereto agree that service upon them of any papers or notices for litigation or any other purposes by certified mail return receipt requested shall be deemed to be the same as if that person had been personally served in the City of New York on the date of mailing.
This contract expresses the entire understanding between the parties and all other understandings, conversations, and contracts are hereby merged herein. This contract may not be modified, except in writing, agreed to and signed by all the parties hereto.