TERMS AND CONDITIONS OF USE – VIXUX PLATFORM
These Terms and Conditions of Use (the "Terms") constitute a legally binding agreement between you ("User") and VIXUX LLC ("VIXUX", "we", or "our company") regarding your access to and use of the VIXUX digital platform, including its mobile application, website, and other related services (collectively, the "Platform").
BY ACCESSING, DOWNLOADING, OR USING THE PLATFORM, YOU EXPRESSLY, VOLUNTARILY, AND KNOWINGLY AGREE TO THESE TERMS.
VIXUX IS A TECHNOLOGY PLATFORM SOLELY DESIGNED TO FACILITATE THE CONNECTION BETWEEN USERS AND INDEPENDENT FRANCHISED DRIVERS FOR THE PURPOSE OF CONTRACTING TRANSPORTATION SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
VIXUX IS NOT A TRANSPORTATION COMPANY.
VIXUX DOES NOT PROVIDE TRANSPORTATION SERVICES.
VIXUX IS NOT AN EMPLOYER, PARTNER, REPRESENTATIVE, OR AGENT OF FRANCHISED DRIVERS.
DRIVERS OPERATE AS INDEPENDENT FRANCHISEES UNDER THEIR OWN RISK AND SOLE RESPONSIBILITY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) VIXUX SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY, ACCIDENT, LOSS, THEFT, MISCONDUCT, WRONGFUL ACT, OR ANY OTHER SITUATION OCCURRING OR ARISING FROM THE SERVICES PROVIDED BY INDEPENDENT FRANCHISED DRIVERS.
b) ANY CLAIM, DEMAND, LEGAL ACTION, OR DISPUTE RELATING TO THE TRANSPORTATION SERVICES SHALL BE DIRECTED EXCLUSIVELY AGAINST THE FRANCHISED DRIVER RESPONSIBLE FOR THE SERVICE.
c) VIXUX WILL ONLY ACT AS A COMMUNICATION CHANNEL BETWEEN THE USER AND THE FRANCHISEE, WITHOUT ASSUMING ANY LEGAL, CONTRACTUAL, OR EXTRA-CONTRACTUAL LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIXUX, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
THE USE OR INABILITY TO USE THE PLATFORM;
THE ACTS OR OMISSIONS OF FRANCHISED DRIVERS;
ANY EVENT OCCURRING DURING THE PROVISION OF TRANSPORTATION SERVICES.
These Terms shall be governed by and construed in accordance with the laws of the State in which the transportation service was contracted.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM THE USE OF THE PLATFORM SHALL BE RESOLVED BEFORE THE COMPETENT COURTS OF THE STATE CORRESPONDING TO THE DOMICILE OF THE FRANCHISED DRIVER RESPONSIBLE FOR THE SERVICE.
YOU EXPRESSLY WAIVE ANY RIGHT TO FILE CLAIMS AGAINST VIXUX IN ANY OTHER JURISDICTION OR FOR CAUSES ARISING FROM THE SERVICE PROVIDED BY A FRANCHISEE.
The User agrees to defend, indemnify, and hold harmless VIXUX, its affiliates, and their respective employees, officers, representatives, and agents from and against any claim, damage, loss, cost, or expense (including legal fees) arising from:
Your breach of these Terms;
Your relationship, interaction, or dispute with any franchisee;
Your misuse of the Platform.
VIXUX reserves the right to modify, update, or remove these Terms at any time. Continued use of the Platform by the User constitutes acceptance of such modifications.
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between the parties and supersede any prior agreement, whether oral or written.
