IMPORTANT: PLEASE READ CAREFULLY

By agreeing to these terms, you are forfeiting your right to pursue legal action in a court of law and waiving your right to a trial by jury on your claims.

ARBITRATION AGREEMENT:

These Terms of Service ("Terms") establish a legally binding agreement between you and VIP Pedicab, including its subsidiaries, representatives, affiliates, officers, and directors (collectively referred to as "VIP Pedicab") governing your utilization of VIP Pedicab's digital marketplace platform, known as the VIP Pedicab Marketplace Platform, and any associated content or services, including mobile and web-based applications (collectively referred to as the "Services").

It's imperative to understand that these Terms contain provisions governing how disputes between you and VIP Pedicab are resolved. The arbitration agreement detailed in Section 2 mandates that all disputes with VIP Pedicab be resolved on an individual basis through final and binding arbitration, with limited exceptions. This includes claims that arose or were asserted before the effective date of these Terms. By agreeing to these Terms, you acknowledge that you've read, understood, and carefully considered all of their provisions and consequences.

Terms Overview:

1. Contractual Relationship; Termination; and Modification:

Alongside these Terms, your access to and use of the Services are governed by additional terms found on our website, including the Privacy Notice, User Generated Content Terms, Community Guidelines, Referral Policies, ADT Mobile Security Monitoring Terms, and other relevant VIP Pedicab standards and policies (collectively referred to as "Supplemental Terms"). Together, these form the complete set of terms governing your use of the Services.

These Terms and Supplemental Terms collectively constitute the "Terms." They regulate your access or use of the Services within the United States and its territories and possessions.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you disagree with these Terms, refrain from accessing or using the Services.

Termination:

VIP Pedicab reserves the right to immediately terminate these Terms or any Services concerning you, or cease offering or denying access to the Services, at any time and for any reason, at its sole discretion.

Modification:

VIP Pedicab retains the right to amend these Terms or its policies regarding the Services at any time. Any such modifications become effective upon posting an updated version of these Terms through the Services or VIP Pedicab's website. It's recommended to regularly review these Terms, as your continued use of the Services after changes constitutes your agreement to them.

Arbitration Agreement Between You and VIP Pedicab

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against VIP Pedicab on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and VIP Pedicab are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and VIP Pedicab are each waiving your right to a jury trial.

Agreement to Binding Arbitration Between You and VIP Pedicab:

(1) Covered Disputes:

Except as expressly provided below in Section 2(b), you and VIP Pedicab agree that any dispute, claim, or controversy in any way arising out of or relating to these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; your access to or use of the Services at any time; incidents or accidents resulting in personal injury or death to you or anyone else that you allege occurred in connection with your use of the Services will be settled by binding individual arbitration between you and VIP Pedicab, and not in a court of law. This Arbitration Agreement survives after your relationship with VIP Pedicab ends.

(2) Class Action Waiver:

Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action.

Accessing the Services

User Accounts

To utilize most features of the Services, you must register for and maintain an active personal user Services account ("Account"). Unless a specific Service provides otherwise: (i) you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to create an Account, (ii) you may only possess one Account, and (iii) you may not assign or otherwise transfer your Account to any other person or entity.

You are accountable for all activity that occurs under your Account, and you agree to safeguard the security and confidentiality of your Account credentials at all times.

Minors

You are not permitted to authorize third parties to use your Account, and individuals under the age of 18 may not use the Services unless accompanied by you or an adult. However, we may offer parents and guardians the option to create Accounts for their children. If you are a parent or legal guardian and you allow your child to use the Services, then these Terms apply to you, and you are accountable for your child's activity on the Services.

User Conduct and Requirements

In addition to adhering to these Terms, you agree to abide by all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. Using the Services to cause nuisance, annoyance, inconvenience, damage, or loss to VIP Pedicab, the Third-Party Provider, or any other party is prohibited.

Payment

Prices & Charges

Your use of the Services may result in charges to you for the services or goods you receive from VIP Pedicab and/or from Third-Party Providers ("Charges"). Prices displayed to you when purchasing goods through the Services may include retail prices charged by the Third-Party Provider and fees paid to VIP Pedicab.

Charges will include applicable taxes where required by law. Charges may also include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees, estimated or actual tolls, and/or surcharges.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." VIP PEDICAB 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.

VIP PEDICAB 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 OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

VIP PEDICAB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF VIP PEDICAB, EVEN IF VIP PEDICAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above.

Any dispute, claim, or controversy arising out of or relating to these Terms shall be brought exclusively in the state or federal courts of the state in which the dispute, claim or controversy arose, except as may be otherwise provided by the Arbitration Agreement above.

Notice

VIP Pedicab may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account.

You may give notice to VIP Pedicab, with such notice deemed given when received by VIP Pedicab, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o VIP Pedicab Technologies, Inc.

General

You may not assign these Terms without VIP Pedicab's prior written approval. VIP Pedicab may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of VIP Pedicab's equity, business or assets; or (iii) a successor by merger.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. VIP Pedicab's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VIP Pedicab in writing.

For questions about these Terms of Service, please contact us at legal@vippedicab.com