Terms of Use
Effective August 21, 2023
These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Handy Transit and constitute a legally binding agreement between you and Handy Transit, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to schedule and book wheelchair transport services. By access and use of Services, you agree to be bound by these Terms and acknowledge that you, your heirs, assigns and agents are also bound by these Terms including, without limitation, the waiver of liability contained in these Terms.
By executing these Terms or by using this website, you represent that you are of the legal age of majority and otherwise have legal authority to enter into these Terms or, if you lack legal capacity (for example if you are a minor or have been adjudicated as incompetent), that you have obtained consent of your parent or legal guardian for you to do so and that both you and your parent and/or guardian have read and accept all Terms contained herein.
Website
This website is owned and operated by Wix. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to schedule and book wheelchair transport services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. To understand what information is collected, used or shared regarding your personal information, see About Privacy | WIX. By use of this website, you acknowledge and agree that you have read and understood the privacy policy.
Key commercial Terms offered to customers
The prices we charge for using our services are in some circumstances listed on the website and in others may be provided through other written or verbal means. We reserve the right to change our prices at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the Payments page of the website.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged at time of purchase to your payment method.
Payment, Reschedule & Refund Policy
At time of booking, you agree to be charged a reservation fee of $50 to confirm the booking. You agree that this payment reserves your booking and constitutes only a portion of the total transport fee. You agree that you are responsible for paying the hourly rate for complete time including wait time at pick up, waiting after after drop off and for the time spent in any assistance made from the vehicle to your destination. You will receive an email/text post transport with an invoice detailing the remaining amounts, including any overage amounts to be paid upon receipt via pay link. You agree to pay any such overage amount within 60 minutes of receipt.
Should you need to reschedule, we require 24 hour notice to receive a full refund. If you cancel with less than 24 hours notice or do not show for your transport, you agree to forfeit your reservation fee. We have sole discretion to determine how long to wait for you before we determine that you are a “no show” for your ride.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties & responsibility for services
When we receive a valid claim for a service purchased from us, we will do our best to remedy the situation in a timely manner. Should we not be able to fulfill our obligation, the customer will be entitled to a full refund or an equal exchange toward the next service.
Ownership of intellectual property, copyrights and logos
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Handy Transit LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. The Payment, Reschedule & Refund Policy still stands.
Indemnification
You agree to indemnify and hold Handy Transit LLC, including its owners, directors, shareholders, agents, parents, or subsidiaries, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Handy Transit LLC, including its owners, directors, shareholders, agents, parents, or subsidiaries, be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Handy Transit LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the
Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or Services.
Promotional Emails & Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of Law & Dispute Method
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States / State of Texas, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Georgetown, Texas.