We welcome you to BlueWeelz, our website at www.BlueWeelz.com, www.Driver.Blueweelz.com, and our iOS and Android Mobile applications (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and BlueWeelz LLC, 4073 W Rosecrans Ave #2, Hawthorne, California, 90250, USA, governing the use of our Platform and our Services. We license the use of our BlueWeelz to you on the basis of these Terms.
1. TERMS OF USE 1.1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform. 1.2. Subject to your agreeing to abide by these Terms, we hereby grant you a revocable, non-exclusive, and non-transferable license to use our Platform on these Terms. 1.3. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages). 1.4. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform, or any other products, services, affiliated websites (including social media pages), and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties. 1.5. Save to the extent permitted by us in writing, you are not permitted to use or submit any content to our Platform or any of our affiliated websites to advertise, promote, or market any products or services of any third party or yourself.
2. APPLE AND GOOGLE DEVICES LICENSE AGREEMENT 2.1. The following terms apply when you use our APP obtained from either Apple’s or Google’s store (each an “App Distributor”) to access our APP: 2.1.1. The License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. 2.1.2. We are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP. 2.1.3. You must comply with applicable third-party terms of agreement when using the APP, 2.1.4. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
3. ACCOUNT AND PASSWORD 3.1. The Services are provided via a dedicated account, pursuant to which you will create a unique user-id and password. 3.2. You are responsible for keeping your user-id and password confidential. You are also responsible for any use of any account that you have access to, whether or not you are authorized to use it. You will immediately notify us of any unauthorized use of your accounts. 3.3. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked, or otherwise compromised user-ids and passwords. 3.4. We don’t have access to your current password, and for security reasons, we may only reset your password.
4. YOUR RELATIONSHIP WITH BLUEWEELZ 4.1. BlueWeelz does not offer the ride-share services and merely provides the technical and organizational infrastructure to ensure the proper conduct of transactions on the Platform. 4.2. BlueWeelz does not itself become a contracting party to the contracts concluded exclusively between the Users. 4.3. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, BlueWeelz does not guarantee: 4.3.1. the accuracy and completeness of the statements and declarations made in relation to the Services offered, 4.3.2. the Services offered as such; and 4.3.3. the conduct and performance of the relevant Service User/Driver, respectively. 4.4. Users are required to comply with applicable laws when using the Platform and Service. 4.5. It is each Driver's own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties. 4.6. Users may not use addresses, contact details, and e-mail addresses obtained through the use of BlueWeelz for any purpose other than contractual and pre-contractual communication. In particular, it is forbidden to resell this data or use it to send advertising unless the respective Users have expressly consented to this in advance. 4.7. BlueWeelz is entitled to check the personal details of the Drivers by means of suitable official documents to confirm the correctness of the data entered and the ability to offer the Services. 4.8. Although BlueWeelz is reviewing and selecting the Drivers upon sign-up, BlueWeelz can only perform a limited review of the Documentation and Qualifications provided by Drivers. Therefore, no guarantee can be given for the accuracy of the Services provided by the respective Drivers. 4.9. The offer of BlueWeelz contains services which are provided in connection with an internet-based online Platform. At BlueWeelz, the respective service offers can be accessed at will. 4.10. BlueWeelz is not a mediator or arbitrator but offers limited dispute resolution services if service was not as described or Driver is not responding whether through electronic means or customer support. Any such decision made shall be binding on both parties. 4.11. Subject to the foregoing, the service for Service Users is limited to giving them the opportunity to get to know Drivers, and the service for Drivers is limited to giving them the opportunity to create a profile through which other Users are encouraged to contact them, at their own initiative. BlueWeelz does not guarantee that Users will find suitable Drivers or that Drivers will find suitable Users. 4.12. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Platform, and you must discontinue use immediately.
5. Prices and Payment 5.1. The prices stated for the respective services shall apply at the time the order is placed. 5.2. The prices shown on the Platform are final and include the statutory value-added tax, insofar as this is applicable to the respective service and a Service Charge. 5.3. The applicable service charge will be displayed on the invoice and includes any statutory sales tax.
6. Changes to these Terms 6.1. We reserve the right to modify these Terms at any time, and such changes shall be effective immediately upon posting on our Platform. Your continued use of our Platform after changes to these Terms have been posted constitutes your acceptance of such revised Terms.
7. Complaints 7.1. Please contact us using the contact details provided on our Platform if you have any complaints.
8. Applicable Law 8.1. These Terms and the relationship between you and BlueWeelz LLC shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. 8.2. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Los Angeles County, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
9. Contact Information 9.1. If you have any questions about these Terms or the Platform, please contact us at info@BlueWeelz.com.
10. Additional Agreements 10.1. You may also be subject to additional agreements and policies that may apply when you use certain services or access certain content, including the Privacy Policy and Refund Policy.
11. Severability 11.1. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
12. Entire Agreement 12.1. These Terms constitute the entire agreement between you and us regarding the use of the Platform, superseding any prior agreements between you and us relating to your use of the Platform.
Thank you for using BlueWeelz! If you have any questions or concerns about these Terms, please don't hesitate to contact us.