Welcome to Axu! These Terms of Service ("Terms") govern your access to and use of the Axu platform, including our mobile applications and websites (collectively, the "Axu Platform"). The Axu Platform connects you ("User," "you," or "your") with independent providers of transportation services ("Drivers").
This document is a legally binding agreement between you and Axu Technologies Inc., a corporation registered in Ontario, Canada ("Axu," "we," "us," or "our"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. The Service
The Axu Platform is a technology service that enables you to request and schedule transportation services with independent third-party Drivers. You acknowledge that Axu is a technology services provider and does not provide transportation services, function as a transportation carrier, or own or operate vehicles for transportation. All transportation services are provided by independent Drivers, not by Axu.
2. User Accounts
To use most aspects of the Axu Platform, you must register for and maintain an active personal user 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 an Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3. User Conduct
You agree to comply with all applicable laws when using the Axu Platform. You will not, in your use of the Platform, cause nuisance, annoyance, inconvenience, or property damage to any Driver or 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 if you refuse to provide proof of identity.
4. Payment
You understand that use of the services will result in charges to you for the services you receive from a Driver ("Charges"). Charges will be inclusive of applicable taxes where required by law. All Charges are due immediately and payment will be facilitated by Axu using the preferred payment method designated in your Account.
This payment structure is intended to fully compensate the Driver for the services provided. Axu does not designate any portion of your payment as a tip or gratuity to the Driver. Any representation by Axu to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that Axu provides any additional amounts, beyond those described above, to the Driver.
5. Disclaimers and Limitation of Liability
5.1. Disclaimer
THE AXU PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." AXU 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. FURTHER, AXU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
5.2. Limitation of Liability
AXU 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 AXU PLATFORM. AXU 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; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER.
6. Indemnification
You agree to indemnify and hold Axu and its 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 your use of the Axu Platform or your breach or violation of any of these Terms.
7. Governing Law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
8. Modifications to Terms
Axu may amend these Terms from time to time. Amendments will be effective upon Axu's posting of such updated Terms at this location. Your continued access or use of the Axu Platform after such posting constitutes your consent to be bound by the Terms, as amended.