PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PIXI HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PIXI TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 21.
Your access to and use of the Services is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services, you are fully accepting the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Services.
The Services may only be used by individuals who can form legally binding contracts under applicable law. The Services are not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Terms and Conditions. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
The Company reserves the right to:
The Services are owned and operated by Pixi. Unless otherwise indicated, all content, information, and other materials on the Services, including, without limitation, Pixi’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Pixi or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Pixi, by agreeing to these Terms and Conditions you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services for your personal use or internal business use only.
Pixi reserves all rights not expressly granted in these Terms and Conditions. This license is subject to these Terms and Conditions and does not permit you to engage in any of the following: (a) resale or commercial use of the Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Services, the Materials, or any information contained in them, except as expressly permitted on the Services; or (f) any use of the Services or the Materials except for their intended purposes. Any use of the Services or the Materials except as specifically authorized in these Terms and Conditions, without the prior written permission of Pixi, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms and Conditions, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Pixi can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Services violates these Terms and Conditions or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons.
All intellectual property rights in the Services shall be owned by Pixi absolutely and in their entirety. These rights include 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 the Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Pixi. Pixi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Pixi and other Pixi logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Pixi in the United States and/or other countries (collectively, the “Pixi Marks”). If you provide Services as a Driver, Pixi grants to you, during the term of this Terms and Conditions, and subject to your compliance with the terms and conditions of this Terms and Conditions, a limited, revocable, non-exclusive license to display and use the Pixi Marks solely in connection with providing your services through the Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Pixi’s prior written permission, which it may withhold in its sole discretion. The Pixi Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Pixi is the owner and licensor of the Pixi Marks, including all goodwill associated therewith, and that your use of the Pixi Marks will confer no additional interest in or ownership of the Pixi Marks in you but rather inures to the benefit of Pixi.
You agree that you will not: (1) create any materials that use the Pixi Marks or any derivatives of the Pixi Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Pixi in writing; (2) use the Pixi Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Pixi Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Pixi’s rights as owner of the Pixi Marks or the legality and/or enforceability of the Pixi Marks, including, challenging or opposing Pixi’s ownership in the Pixi Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Pixi Marks, any derivative of the Pixi Marks, any combination of the Pixi Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Pixi Marks; (5) use the Pixi Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Pixi’s sole discretion. If you create any materials bearing the Pixi Marks (in violation of this Terms and Conditions or otherwise), you agree that upon their creation Pixi exclusively owns all right, title and interest in and to such materials, including any modifications to the Pixi Marks or derivative works based on the Pixi Marks. You further agree to assign any interest or right you may have in such materials to Pixi, and to provide information and execute any documents as reasonably requested by Pixi to enable Pixi to formalize such assignment.
The following disclaimers are made on behalf of Pixi, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Pixi does not provide transportation services, and Pixi is not a transportation carrier. Pixi is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Services, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Services is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we 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.
We do not warrant that your use of the Services or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of these Terms and Conditions. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Pixi is not responsible for the conduct, whether online or offline, of any User of the Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By participating in the Services, you agree to accept such risks and agree that Pixi is not responsible for the acts or omissions of Users on the Services or participating in the transportation service.
You are responsible for the use of your User account and Pixi expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Services (including any profile information you provide), send to other Users, or share during use of the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on or through the Services. Please carefully select the type of information that you post on 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 Users (including unauthorized users, or “hackers”).
Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Pixi, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Services. Any of your Information, including geolocational data, you upload, provide, or post on the Services may be accessible to Pixi and certain Users of the Services.
Pixi advises you to use the Services with a data plan with unlimited or very high data usage limits, and Pixi shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Services.
IN NO EVENT WILL PIXI, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PIXI” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE 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. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PIXI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
As a condition of use, you promise not to use the Services, specifically the Driver to Rider message features (“Communication Services”), for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not intended by Pixi. We allow you to post information on your profile and to connect with other users. Including the following, but not limited to, you agree not to use the Services or the Communication Services for any of the following purposes:
Pixi takes no responsibility and assumes no liability for any User Content or anything posted through the Communication Services, or for any loss or damage resulting therefrom, nor is Pixi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. To report a suspected abuse of the Services or a breach of the Terms and Conditions please send written notice to Pixi by email to: firstname.lastname@example.org. You are solely responsible for your interactions with other users of the Services. Pixi has no obligation to monitor disputes between you and other users.
If you believe your copyright-protected work was posted on Pixi without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Pixi of alleged copyright infringement is via e-mail at: email@example.com.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You will defend, indemnify, and hold Pixi including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Services and participation in the Services, including: (1) your breach of these Terms and Conditions or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
By providing services as a Driver on the Services, you represent, warrant, and agree that:
The Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site or App, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the App or Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
To the fullest extent permitted by applicable law, Pixi reserves the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms and Conditions or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms and Conditions, (iii) any policy or practice of Pixi in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
You may deactivate or remove your account at any time for any reason by or by emailing us at firstname.lastname@example.org. Please allow up to seven (7) days for Pixi to deactivate and remove your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your specific markets’ page, plus any tips to the Driver that you elect to pay. Pixi has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s page or quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the applicable Pixi Cities page or price quote within the Pixi app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Facilitation of Charges. All Charges are facilitated through Stripe, Inc. Pixi may replace its third-party payment processing services without notice to you. Charges shall only be made through the App. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Pixi satisfies your payment obligation for your use of the Services.
No Refunds. All Charges are non-refundable. However, we strive to provide the best services possible and may choose to provide refunds in specific situations. If you have any issues with the Services, please send us an email and we will do our best to assist and review. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Services, any disruption to the Services, or any other reason whatsoever.
If you are a Driver, you will receive payment in accordance with your Driver Agreement, to be entered into prior to the initiation of providing any transportation services.
Neither party shall be liable to the other for any failure to perform any obligation under any Terms and Conditions which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Terms and Conditions or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Terms and Conditions. No waiver of any of the provisions of this or any Terms and Conditions shall be effective unless it is expressly stated to be such and signed by both Parties.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixi without restriction. Any assignment attempted to be made in violation of this Terms and Conditions shall be void.
These Terms and Conditions shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].
YOU AND PIXI MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Pixi ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Pixi, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Pixi’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND PIXI. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Pixi Platform, the Services, any other goods or services made available through the Pixi Platform, your relationship with Pixi, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Pixi’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Pixi, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Pixi and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND PIXI ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
YOU UNDERSTAND AND AGREE THAT YOU AND PIXI MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND PIXI BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST PIXI.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Pixi agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Pixi agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Pixi will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
Unless you and Pixi agree otherwise, any arbitration hearings between Pixi and a Rider will take place in the county of your billing address, and any arbitration hearings between Pixi and a Driver will take place in the county in which the Driver provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Pixi agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
If you are a member of a putative class in a lawsuit against Pixi involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 21(e)(3) (except as limited by Section 21(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Pixi’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Pixi. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying Pixi in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by: (1) electronic mail to arbitrationoptout@Pixi.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
REGISTERED AGENT DETAILS TBC
Cases have been filed against Pixi and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against Pixi alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with Pixi under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Pixi in an individual arbitration provision, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Driver Claims under this Arbitration Agreement.
Before initiating any arbitration or proceeding, you and Pixi may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Pixi. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Pixi Transportation Inc. last updated 17th of August, 2019
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to Pixi Transportation Inc. and the terms "You" /"Your" / "Yourself" refer to the users.
The Company is registered as a data controller for the purposes of the Data Protection Act 1998. If you have any queries about how we use your information or if you have a complaint, please contact us.
To use our ride sharing Services, users are required to provide certain information for the registration process namely: - a) your name, b) mobile number, c) email address, d) credit card or debit card details (“Profile”). The information in your Profile may be visible to all Users. If you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at email@example.com.
Driver Users must also provide the following information: your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information.
You can request a copy of any information that we hold about you, please contact us.
You may contact us using email: firstname.lastname@example.org
We may collect and process the following data about you:
We will collect all Personally Identifiable Information that is required to meet the legal requirements of government regulatory bodies. This may include the following data:
We may use any information we collect from users as follows:
Additionally, we use the information we collect from Driver Users for the following purposes related to driving on the App and Services:
Riders and Drivers that have been matched for a ride are able to see basic information about each other, such as names, photo, and ratings. Drivers see the pick-up location that the Rider has provided. Riders see a Driver’s vehicle information and real-time location as the Driver approaches the pick-up location. Riders’ ratings of Drivers are shared with Drivers on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Rider that provided the rating or feedback.
Although we help Riders and Drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Driver, including sharing actual contact information with your permission.
Remember that certain payment processors may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
In the event you feel unsafe or concerned about your well-being, you may hit the “Panic Button” within the App. The Panic Button will automatically turn on your audio and video capabilities of your mobile device and record all audio and video as long as the button is activated. If a Driver uses the Panic Button, a notice and pin location will go out to nearby Pixi Drivers. For a Rider, a location pin will be sent to their emergency contact we have on file.
When you click on links on our App or Site, they may direct you away from our App or Site. We are not responsible for the privacy practices of other websites or mobile applications and encourage you to read their individual privacy policies. If you visit a third-party website or mobile application link from our App or Site, you do so at your own risk.
We may also share information in the following circumstances:
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
You can opt out of receiving push notifications through your mobile device settings. Please note that opting out of receiving push notifications may impact your use of the App (such as receiving a notification that your driver has arrived).
Our Services are not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us Personally Identifiable Information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us Personally Identifiable Information, please contact us at email@example.com.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on our Services is securely stored within our controlled database. All Personally Identifiable Information shall be stored in perpetuity, or until a user has request it be deleted. The database is stored on servers secured behind a firewall; access to the servers is password- protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
Pixi Transportation Inc. last updated 8th October 2019
Our focus is complete customer satisfaction. In the event you are not pleased with the Services provided, we will refund back your money, provided the reasons are genuine and proved after investigation.
For Cancellations please cancel through the link provided in the mobile application. Cancellations made after 2 minutes of requesting the service will incur a charge of $2.
We will try our best to provide a timely and reliable service.
In case any client is not completely satisfied with our Services, we may elect to provide a refund. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway payments, refund will be made to the same account.
Pixi Transportation Inc. last updated 18th August 2019