The “Application” shall mean the software provided by COACH to offer services related to COACH , COACH ’s services and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
“You” or “Customer” means the person or entity that subscribes to Services or purchases or leases Equipment and anyone who accesses the Services and Equipment provided to you.
“We”, “us”, “our”, “Company” and “Coach” refer to the Coach legal entities providing Services to you and as identified on your bill.
“Service(s)” refer to any services you have agreed to obtain from us.
“Equipment” means any equipment or accessories you purchase or lease from us or those provided by us for use in any manner in connection with your Services. For ease of reference, Services and Equipment provided by Coach shall be referred to in this document collectively as “Services.”
“Promotional Terms” mean terms that apply to special offers from time to time. Promotional terms will be specified in your first bill message. Promotional terms may include a term commitment and an early termination fee in the event the service is not installed or maintained, or in the event you disconnect service prior to the end of the term.
“Service Order” means the form (whether paper or electronic, including on-line order forms), if any, in which you apply for or make changes to Services and may include the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, choice of long distance carrier, and the Equipment you have selected.
- DATA PROTECTION
- COACH .cab
The Application allows you to access certain functionality available on the COACH.cab website. Such access will be governed by the COACH Website.
Upon use of The Application you agree to pay a $ 2.00 dispatch fee on every completed trip, dispatched by COACH. Said fee shall be collected at the end of the trip by the driver. Said fee is subject to modification.
Upon use of The Application you agree to pay a $ 5.00 cancellation fee for every trip canceled by you, if a cab has been assigned to you. Said fee is subject to modification.
- PROPRIETARY RIGHTS AND LICENCE
6.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by COACH or by COACH ’s licensors.
6.2. COACH hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your business and personal use in accordance with these appterms.
- CONDITIONS OF USE
7.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
7.2. The Application is currently made available to you free of charge for your personal, non-commercial use. COACH reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.
7.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
7.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
8.1. This Application is available to handheld mobile devices running Android OS and IOS Operating Systems. COACH will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside COACH ’s reasonable control.
8.2. COACH, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
8.3. COACH will not be responsible for any support or maintenance for the Application.
- SYSTEM REQUIREMENTS
9.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
9.2. The Software Requirements are as follows: Android OS devices running Android OS 2.1 up to OS 4.1, or IOS 5.00 to 7. Language: English, Spanish.
9.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
10.1. COACH may terminate use of the Application at any time by giving notice of termination to you.
10.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
- LIMITATION OF LIABILITY
11.1. In no event will COACH be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
11.2. COACH is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
11.3. Nothing in these Appterms shall exclude or limit COACH’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
- DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, COACH hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.
- Dispute Resolution
If you and Coach are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or Coach shall resolve the dispute in only one of two possible ways: (1) by seeking relief in small claims court, if appropriate under the applicable court’s rules, in the city or county closest to our area of service; or (2) by arbitration. This Section does not prohibit you from submitting any issue you have with Coach to any federal, state or local governmental agency or public service commission.