Terms and Conditions
Terms and Conditions of Use Agreement
Website Usage Statement
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Orange Tours and Transportation LLC, 4913 CASA Vista dr., Orlando FL 32837 USA (hereinafter referred to as “ORANGETRANS”) enables its website visitors (hereinafter referred to as Users) to book travel services over its online platform and through the association with other online platforms. The Service of ORANGETRANS is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider as an intermediate, and not in the provision of the travel service itself.
These Terms and Conditions (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by ORANGETRANS.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
you are at least 18 years of age,
you possess the legal authority to create a binding legal obligation,
you will use this Website in accordance with this Agreement,
you will only use this Website for Legitimate Business for you or for another person for whom you are legally authorized to act,
all information supplied by you on this Website is true, accurate, currant and complete.
ORANGETRANS retains the right at its sole discretion to deny any individual or entity access to this Website and the services provided hereunder at any time and for any reason, including, but not limited to, for violation of this Agreement.
CONTRACTUAL RELATIONSHIP AND CONCLUSION OF CONTRACT
ORANGETRANS provides the travel booking services presented by the Website. ORANGETRANS arranges for the User simply an entitlement to carriage over a transportation service provider independent of ORANGETRANS.
Therefore, ORANGETRANS makes the necessary arrangements with the transportation service provider in its own name, which provides the User with an entitlement to carriage over the transportation service provider. Consequentially, Users are entitled to demand travel services and other claims directly from the transportation service provider.
The User uses ORANGETRANS only as an intermediate or an arranger and not as a transport service. The compensation claim of transportation service provider is made up of arrangement fees as well as the advance payment made by ORANGETRANS to the transportation service provider.
By submitting a completed quote form via the Website or by telephone (“Ride Request” of the User) to ORANGETRANS the User makes an offer for the conclusion of an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request.
ORANGETRANS next sends the User an email confirming the receipt of the ride details for the travel service which is to be arranged. Through this, ORANGETRANS confirms only the receipt of the User’s Ride Request.
The arrangement agreement between ORANGETRANS and the User for the requested travel service comes into effect only through a separate statement ("Reservation Confirmation") by ORANGETRANS per email. The User themselves is then entitled to demand the transportation services from the transportation service provider directly as well as to make further claims directly against the transportation service provider.
LIMITATIONS AND LIABILITY
ORANGETRANS GENERALLY: THE MATERIALS AND INFORMATION YOU FIND ON THIS WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL ORANGETRANS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) OR WITH THE SERVICES PROVIDED AS A RESULT OF A RESERVATION MADE ON THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN ORANGETRANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE, OR OTHER ITEMS REMAINS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL ORANGETRANS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR PERFORMANCE OF THE INFORMATION, SERVICES, SOFTWARE, OR OTHER ITEMS.
THE TRANSPORTATION SERVICE PROVIDERS SUPPLYING CHAUFFEURING SERVICES THROUGH ORANGETRANS ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ORANGETRANS, AND ORANGETRANS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ORANGETRANS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
BY USING THIS SITE TO BOOK RESERVATIONS, YOU AGREE THAT IN NO EVENT SHALL ORANGETRANS BE LIABLE FOR LOSSES ARISING OUT THE CHAUFFEUR SERVICES PROVIDED BY THE INDEPENDENT PROVIDER.
USER REGISTRATION REQUIREMENTS FOR THE USE OF THE WEBSITE
It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to ORANGETRANS is complete and accurate.
Registration using automated methods is prohibited.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ORANGETRANS; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under ORANGETRANS’s (i) subsidiaries and affiliates; or (ii) independent Third Party Providers.
THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain ORANGETRANS’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ORANGETRANS’s company names, logos, product and service names, trademarks or services marks or those of ORANGETRANS’s licensors.
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 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.
USER PROVIDED CONTENT
ORANGETRANS permits you to submit, e-mail, publish or otherwise make available to ORANGETRANS textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to ORANGETRANS, you grant ORANGETRANS a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ORANGETRANS’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ORANGETRANS the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ORANGETRANS’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ORANGETRANS in its sole discretion, whether or not such material may be protected by law. ORANGETRANS may, but shall not be obligated to, review, monitor, or remove User Content, at ORANGETRANS’s sole discretion and at any time and for any reason, without notice to you.
COLLECTION OF INFORMATION
ORANGETRANS collects information about you when you use our website and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us.
We collect information you provide directly to us when you request services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, and other information you choose to provide.
When you use our Services, we collect information about you in the following general categories:
Location Information: We may derive your approximate location from your IP address.
Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details.
Device Information: We may collect information about your computer, mobile device, and tablet including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
USE OF INFORMATION
We may use the information we collect about you to:
Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Drivers, develop safety features, authenticate users, and send product updates and administrative messages;
Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
Send or facilitate communications between you and a Driver, such as estimated times of arrival.
Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
SHARING OF INFORMATION
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
THROUGH OUR SERVICES
We may share your information:
With Drivers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Drivers, and pickup and/or drop-off locations with Drivers;
With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider).
OTHER IMPORTANT SHARING
We may share your information:
With subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of ORANGETRANS or others;
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
If we otherwise notify you and you consent to the sharing; and
In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURES
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about about Services you have requested, or our ongoing business relations.
YOUR CALIFORNIA PRIVACY RIGHTS
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. ORANGETRANS does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
CHANGES TO THIS STATEMENT
We may change this Statement at any time without prior notification. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
Terms and Conditions
© Copyright Orange Tours and Transportation LLC 2018. All Rights Reserved.