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Service Agreement 

 

1.  GENERAL

OZOcar LLC (“OZOcar”) offers the transportation services (the “Services”) described at www.ozocar.com (the “Site”).  This Service Agreement (the “Agreement”) is a legal and binding contract between OZOcar and the purchaser of the Services (“You” or “Your”).  By using the Services, You consent to the terms of this Agreement, as well as any additional terms and conditions published on the Site, including OZOcar’s Privacy Policy [Privacy Policy Hyperlink] and the Rate Sheet, all as may be updated by from time to time in OZOcar’s sole discretion. 

2.  PRICING

General   

OZOcar’s standard pricing for the Services is described on our Rate Sheet (the “Rate Sheet”) which constitutes an integral part of this Agreement.  As described in the Rate Sheet, OZOcar’s standard pricing includes the base rate for each Trip along with all additional charges and costs for the Trip, including additional stops, waiting time, tolls, parking, packages, special venues, service charges, gratuity and state mandated charges.  In addition, OZOcar may update the Rate Sheet from time to time in OZOcar’s sole discretion. The final price for the Services will be determined after each use of the Services (a “Trip”) and based on the then current Rate Sheet.  You are responsible for payment of all charges incurred during the Trip.

 

Additional Charges      

For detailed information regarding the additional charges and costs, including additional stops, waiting time, tolls, parking, packages, special venues, service charges, gratuity and state mandated charges, which may be incurred by You during a Trip, please refer to the Rate Sheet.

 

Specialty Vehicle Requests, Time Calls, Round Trips and Airport Trips        

Additional charges will apply for specialty vehicle requests, time calls, round trips and airport trips.  Please refer to the Rate Sheet for detailed information regarding all additional charges.         

 

3.  PAYMENT

Payment for reservations made by You must be made by credit or debit card.  You must provide a valid credit card number and related information at the time the reservation is made.  OZOCAR will CAUSE a preliminary hold TO BE PUT on YOUR credit card in the amount of $100.00 AT THE TIME THE RESERVATION IS MADE.  This hold is released when payment is processed.  Please note OZOcar does not receive, collect or process any financial information from You, including Your credit or debit card information.  Our payment collection company, Executive Charge, Inc. (“EC”), directly receives and processes any credit or debit card information You may provide to OZOcar when You reserve a Trip with OZOcar.  Please refer to OZOcar’s Privacy Policy [Privacy Policy Hyperlink] for more information about EC’s collection and use of Your credit or debit card and OZOcar’s collection of Your other personal information.


You must present Your credit or debit card used to reserve Your Trip to the driver for verification when You are picked up.  For Your protection, the driver may request additional identification to verify Your identity and the validity of the credit or debit card.  The driver will take an imprint of the card at this time.  When the Trip is completed, the driver will provide You with a credit or debit card slip detailing the final charges for Your signature.  The charges are subject to audit and occasionally changes must be made to correct mathematical errors or to reflect the actual tolls, parking fees, additional stops and waiting time, etc.  

If You are providing or have provided Your credit card information to EC to retain for use for future Trips with OZOcar, You agree that Executive Charge, Inc. (“EC”) can charge Your credit or debit card (“Card Payment”) for payment of all amounts payable under this Agreement. With respect to such charges the following authorization applies: You authorize automatic and on demand Card Payments by EC.  You agree that the charges described herein and on the Rate Sheet will be billed to the credit or debit card provided by You. You must provide current, complete, and accurate information for Your billing account, and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number) and contact email address. Changes to such information can be made in writing to info@ozocar.com or by updating your myOZO profile information.  If You fail to provide EC with any of the foregoing information, You agree that EC may continue charging You for any service provided under Your account. In addition to administrative fees that you may owe, if EC is unable to process Your credit or debit card at any time, Your account may be immediately suspended and You will remain responsible for all amounts payable by You to OZOcar and You will be liable for any collection costs as outlined above. Your card issuer agreement governs use of Your credit or debit card payment in connection with this Service and you must refer to that agreement with respect to Your rights and liabilities as a cardholder. If EC does not receive payment from Your credit or debit card issuer or its agent, You agree to pay EC (for the benefit of us) all amounts due upon demand by EC. You agree that neither EC nor OZOcar will not be responsible for any expenses that You may incur resulting from overdrawing Your bank account or exceeding Your credit limit as a result of an automatic charge made under this Agreement.

Your payment will be processed approximately 3-5 business days following Your Trip.  Please note that the charges will appear on Your credit or debit card statement as “Executive Charge, Inc.”

4.     MANAGING YOUR RESERVATION

Cancellation, No Shows and Changes          

Please refer to the Rate Sheet for specific information regarding OZOcar’s Cancellation, No Show and Change policies.


Low-Emissions Vehicles 

OZOcar makes every effort to provide You with a low-emissions vehicle.  However, if a low-emissions vehicle is not available for Your Trip for whatever reason, OZOcar will cause a conventional car to be provided through an affiliated company. 

 

Pets    

You must notify us in advance if You are travelling with a pet.  If You do not provide this notice, the driver may refuse to transport the pet, and You may be liable for cancellation charges as set forth above.  All animals must be leashed or enclosed in an appropriate carrier when in an OZOcar.  Animals over 25 pounds, with the exception of service animals, can only be transported in an SUV.

 

Loss and Damage      

OZOcar is not responsible for items left behind or damaged in an OZOcar.  If you believe you may have left property in an OZOcar, please contact us by email at info@ozocar.com] or phone at (718) 361-8670.  We will search for the item and respond as promptly as possible.  OZOcar retains all items found for 30 days.  If You are unable to retrieve a lost item from OZOcar, we may charge You based on our published rates to return the item to You.

 

Limitations      

OZOcar is not responsible for delays, Service interruptions or damages caused by acts of God, strikes, riots, authorities of law, public enemies, hazards or dangers caused by a state of war, quarantine, perils of navigation, inclement weather, hazardous road conditions, accidents or breakdowns or any other condition beyond OZOcar’s reasonable control.

5.     DISCLAIMER

The Services are provided on an “as-is, where-is” basis without any warranty of any kind, whether express or implied, including (without limitation) ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 

 

6.  LIMITATION OF LIABILITY

In no event will OZOcar’s cumulative liability for any claim arising in connection with this Agreement exceed the amount of the total fees and charges paid by You for the Trip giving rise to the claim.  REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL OZOCAR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, EVEN IF OZOCAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.  

 

YOU AND OZOCAR EACH UNDERSTAND AND AGREE THAT THIS SECTION 7 ALLOCATES THE RISKS OF SERVICE NON-CONFORMITY AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS.  OZOCAR’s FARES FOR THE SERVICES REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.

 

7.   INDEMNIFICATION

You will defend and indemnify OZOcar and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) Your breach of this Agreement or the documents referenced herein; (ii) Your violation of any law or the rights of a third party; or (iii) Your use of this Site or the Services. Further, you agree that whenever an attorney is hired by EC to collect any invoices or enforce any obligations of Yours under this Agreement, You will pay all of EC’s attorney’s fees, costs and expense relating to such collection.

 

8.     GENERAL PROVISIONS

Use of the Site           

As a condition of Your use of the Site, You warrant that (i) You are at least 18 years of age; (ii) You are capable of entering into legally binding contracts; (iii) You will use the Site in accordance with this Agreement; (iv) You accept responsibility, including payment obligations, for any reservation for the Services You make, for Yourself or others, (v) You will inform individuals for whom You make reservations of the applicable terms and conditions of this Agreement, (vi) all information You supply on the Site is true, accurate, current and complete, and (vii) if You have an OZOcar account, You will protect Your account information and be responsible for any use of Your account, no matter by whom. 

 

Termination

At our sole discretion, OZOcar may deny access to the Site or the Services to anyone at any time and for any reason, including, but not limited to, for violation of this Agreement.   All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

 

Ownership     

The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States of America and other countries.  You will abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.    

 

Links to Other Web Sites       

The Site may contain hyperlinks to websites not operated by OZOcar. Such hyperlinks are provided for Your convenience only.  OZOcar does not control such websites and is not responsible for their contents or practices.  Your visits to such websites are at Your risk.  Inclusion of such a hyperlink does not imply that OZOcar endorses the material presented at, or has any relationship with the operators of, such websites.

 

Jurisdiction and Venue

The validity, construction, and enforcement of this Agreement, and the determination of the rights and duties of the parties, will be governed by the laws of the State of New York without regard to any provisions of its choice of law rules that would result in a different outcome.  The parties consent to the jurisdiction of the courts serving New York County, New York, for all disputes arising out of this Agreement.

 

Entire Agreement       

This Agreement (and any other operating rules or terms posted on the Site, including, without limitation, the Privacy Policy [Privacy Policy Hyperlink] and the Rate Sheet [RATE SHEET HYPERLINK], constitutes the entire agreement between the parties with respect to the subject matter hereof.  All prior or contemporaneous statements or agreements with respect to such subject matter are superseded by this Agreement.  

 

Form of Agreement    

A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Severability    

A holding by a court of competent jurisdiction that one or more of the provisions contained in this Agreement is unenforceable in any respect will have no effect on the validity of any of the remaining provisions of this Agreement.

 

Claim Limit        No action arising out of the performance of Service by OZOcar under this Agreement may be brought by You more than one (1) year after such cause of action arose.

 

 

Your making an order for the Services by any means will constitute Your complete and unconditional acceptance of the terms of this Agreement as of the date of making such reservation.