Terms & Conditions
BY REGISTERING WITH TRANSPORT ETC... (SUBSIDIARY OF QUE INC), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS AND HAVE TAKEN THE TIME TO CONSIDER EVERY PROVISION.
(Article I: Access and Use of the Services)
(Article I § I: User File)
In order to use all aspects of the Services, you must register for and maintain an active file. Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a file, unless a specific Service permits otherwise. Account registration requires you to submit to Transport Etc... certain personal information, such as your name, address, mobile phone number, email address, zip code, as well as at least one valid payment method supported by Transport Etc... You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your file. Unless otherwise permitted by Transport Etc... in writing, you may only possess one file.
(Article ! § II: User Requirements & Conduct)
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your file, and you may not allow persons under the age of 18 to receive transportation or logistics services from Transport Etc... unless they are accompanied by you. You may not assign or otherwise transfer your file to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, to Transport Etc.... In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
(Article ! § III: Text Messaging and Emails)
You agree that Transport Etc... may contact you by telephone, text messages or emails at any of the phone numbers provided by you or on your behalf in connection with an Transport Etc... file, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you (may opt out of receiving text messages or emails from Transport Etc... at any time, either by texting or emailing the word “STOP” to our company.
(Article ! § IV: Referrals and Promotional Codes)
Transport Etc... may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or other features or benefits related to the Services, subject to any additional terms that Transport Etc... establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Transport Etc...; (iii) may be disabled by Transport Etc... at any time for any reason without liability to Transport Etc...; (iv) may only be used pursuant to the specific terms that Transport Etc... establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Transport Etc... reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Transport Etc... determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Transport Etc... Terms.
(Article ! § V: Network Access and Devices)
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Transport Etc... does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(Article II: Payment)
(Article II § I: Payment Consent)
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Transport Etc... will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, or processing fees for split payments.
All Charges and payments will be enabled by Transport Etc... and may be processed through third-party services using the preferred payment method designated in your file, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Transport Etc may use a secondary payment method in your file, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Transport Etc....
As between you and Transport Etc..., Transport Etc... reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Transport Etc... sole discretion. Transport Etc... will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your file regardless of your awareness of such Charges or the amounts thereof. Transport Etc... may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a (25%) cancellation fee on Transport Etc... behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Transport Etc... may use the proceeds of any Charges for any purpose.
(Article II § II: Repair or Cleaning Fees)
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your file in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that Repair or Cleaning is necessary to a vehicle and is verified by Transport Etc... in Transport Etc... reasonable discretion, Transport Etc... reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your file. Such amounts will be transferred to Transport Etc, and are non-refundable.
(Article III: Disclaimers; Limitation of Liability; Indemnity)
(Article III § I: DISCLAIMER)
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRANSPORT ETC... DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TRANSPORT ETC... MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRANSPORT ETC... DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(Article III § II: LIMITATION OF LIABILITY)
TRANSPORT ETC... SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TRANSPORT ETC..., EVEN IF TRANSPORT ETC... HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRANSPORT ETC... SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. TRANSPORT ETC... SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRANSPORT ETC... REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES, BUT YOU AGREE THAT TRANSPORT ETC... HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRANSPORT ETC... LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TRANSPORT ETC... CHOICE OF LAW PROVISION SET FORTH BELOW.
(Article III § III: Lockout & Jump-start service)
Transport Etc... service includes those of lockout and jump-start service when requested. As included, these services will require you to sign a waiver. By registering with Transport Etc..., you will be notified that damages may occur to your vehicle, and/or if items happen to be missing, Transport Etc/QueInc will not be held liable.
Complete information is included within the waiver which you will sign before any of these services are performed.
(Article III § IV: Indemnity)
You agree to indemnify and hold Transport Etc... and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Transport Etc... use of your User Content.
(Article IV: Other Provisions)
(Article IV § I: Choice of Law)
These Terms are governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Illinoisans to assert claims under Illinois law whether that be by statute, common law, or otherwise.