AGREEMENT BETWEEN USER AND GOSPAREN .
Welcome to SparenApp. GoSparen’s application (the "SparenApp") operated by GoSparen that is offered to ‘You’ or ‘User’ conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SparenApp constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
By downloading, installing and using the SparenApp which constitutes electronic communications, You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the SparenApp, satisfy any legal requirement that such communications be in writing.
GoSparen reserves the right to decline your limo ride request any time without notice. GoSparen does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SparenApp only with permission of a parent or guardian.
Links to third party SparenApp
SparenApp may contain links to other third party information ("Linked Party"). The Linked Party are not under the control of GoSparen and GoSparen is not responsible for the contents of any Linked Party, including without limitation any link contained in a Linked Party, or any changes or updates to a Linked Party. GoSparen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GoSparen of the SparenApp or any association with its operators.
Certain services made available via SparenApp are delivered by third party SparenApp and organizations. By using the service or functionality originating from the SparenApp domain, you hereby acknowledge and consent that GoSparen may share such information and data with any third party with whom GoSparen has a contractual relationship to provide the requested service or functionality on behalf of SparenApp users and Users.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the SparenApp, is the property of GoSparen or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the SparenApp. GoSparen content is not for resale. Your use of the SparenApp does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GoSparen and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GoSparen or our licensors except as expressly authorized by these Terms.
User are entitled to make a request for a refund of your purchase within seven (7) days of receipt, it shall be at GoSparen’s discretion on whether to approve the User’s request. Any decision made by GoSparen shall be final.
Bookings are not binding upon User until accepted by GoSparen. User agrees to pay the total purchase price for the services. Terms of payment are within User's sole discretion. In connection with Services being performed pursuant to a Statement of Work, User will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, User will pay for the Services as invoiced by User. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by User. User or any of its Affiliates on behalf of User may issue an invoice to User. Prices will are not final and shall fluctuate. Once services are purchase, the SparenApp will send a receipt automatically to the mailing address provided by You. User agrees to pay an initial reservation fee of $50.00 at the time of booking. This fee shall be adjust by GoSparen on the final bill.
For all Limo ride travel, the User agrees that a 10% charge for the booking/service fee will be charged to the User’s Credit/Debit Card. The User understands and agrees that GoSparen cannot guarantee any reduced rates.
User is responsible for claiming any exemption from such taxes, fees or charges at the time of purchase and provide User with the necessary supporting documentation. In the event of a payment default, User will be responsible for all of User’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, User reserves the right to decline Services until payment is received.
Any credit issued by User to User for any reason must be used within (one month) from the date that the credit was issued and may only be used for future purchases of Services. Any credit or portion thereof not used within the (one month) period will automatically expire.
Pricing Information; Availability Disclaimer
User reserves the right to make adjustments to pricing and Service offerings for reasons including, but not limited to, changing market conditions, service discontinuation, service unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All bookings are subject to service availability and the availability of Personnel to perform the Services. Therefore, User cannot guarantee that it will be able to fulfill User’s bookings. If Services are being performed on a time and materials basis, any estimates provided by User are for planning purposes only.
Third Party Accounts
You will be able to connect your GoSparen account to third party accounts. By connecting your GoSparen account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party SparenApp). If you do not want information about you to be shared in this manner, do not use this feature.
You agree to indemnify, defend and hold harmless GoSparen, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the SparenApp or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GoSparen reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoSparen in asserting any available defenses.
Either party may terminate performance of a Service or a Statement of Work for cause if the other party fails to cure a material default in the time period specified herein. Any material default must be specifically identified in a written notice of termination. After written notice, the notified party will, subject to the provision of warranties herein, have thirty (30) days to remedy its performance except that it will only have ten (10) days to remedy any monetary default. Failure to remedy any material default within the applicable time period provided for herein will give cause for immediate termination, unless such default is incapable of being cured within the time period in which case the defaulting party will not be in breach (except for User’s payment obligations) if it used its reasonable efforts to cure the default. In the event of any termination of the Services or a Statement of Work, User will pay User for all Services performed and expenses incurred up to and including the date of termination plus any termination fee if one is set forth in the applicable Statement of Work. In such event User will also pay User for any out-of-pocket demobilization or other direct costs resulting from termination. Upon termination, all rights and obligations of the parties under this Agreement will automatically terminate except for any right of action occurring prior to termination, payment obligations and obligations that expressly or by implication are intended to survive termination (including, but not limited to, limitation of liability, indemnity, confidentiality, or licensing of Intellectual Property and this survival provision).
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SPARENAPP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOSPAREN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SPARENAPP AT ANY TIME.
GOSPAREN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SPARENAPP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOSPAREN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current American Arbitration Association. GoSparen shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Terms and Conditions. The arbitration shall take place at a location that is reasonably centrally located from you, or otherwise mutually agreed upon by you and GoSparen. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory bookings and restraint bookings in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
GoSparen reserves the right, in its sole discretion, to terminate your access to the SparenApp and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the SparenApp. Use of the SparenApp is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoSparen as a result of this agreement or use of the SparenApp. GoSparen's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GoSparen's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SparenApp or information provided to or gathered by GoSparen with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GoSparen with respect to the SparenApp and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GoSparen with respect to the SparenApp. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
GoSparen reserves the right, in its sole discretion, to change the Terms under which SparenApp is offered. The most current version of the Terms will supersede all previous versions. GoSparen encourages you to periodically review the Terms to stay informed of our updates.
GoSparen welcomes your questions or comments regarding the Terms:
54 Danbury Road
Ridgefield, CT 06877
Effective as of July 13, 2016