Last update: 2 August 2017

TUTUS BV

TERMS AND CONDITIONS

1. Contractual Relationship

These Terms of Use ("Terms") determine your use or access from any country in the world to applications, websites, content, products and services (the "Services") made available by Tutus BV, a limited liability company established in the Netherlands, With registered office in Marathon 1-J, at (1213 PA) Hilversum, The Netherlands, known under Trade Registry No. 68289766 ("Tutus").

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES..

Your access to and use of the Services is bound by these Terms and Conditions, and include a contractual relationship between you and Tutus. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or agreements with you. Tutus may immediately terminate these Terms or Service with respect to you, or generally discontinue granting or refusing access to the Services or any portion thereof, at any time and for any reason. Additional terms may apply only to certain Services, such as policies for a specific event, activity or promotion, and these additional terms will be made public to you regarding the applicable Services. The supplementary terms are in addition to, and will be deemed to be part of the Terms for the purposes of the applicable Services. The Additional Terms will prevail over these Terms in the event of a conflict with the applicable Services. Tutus may change the Terms of Service from time to time. Changes will take effect after Tutus has notified of such modified Terms at this location or the amended policies or additional terms on the applicable Services. Your continued access to or use of the Services after such placement is your consent to be bound by these Terms, as amended. Our collection and use of personal information relating to the Services is governed by the Tutus Privacy Policy and is available at www.tutustaxi.com/en/Terms-And-Conditions. Tutus may provide any necessary information to a claimant or insurer (including your contact information) in case of a complaint, dispute or conflict, including an accident related to you or an external supplier (including a carrier for a network carrier ) And such information and data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services include a technology platform that allows users to provide and plan with taxi drivers and / or logistics customers through the mobile applications and websites provided by Tutus as part of the Services (each an "Application") taxi transport and / or logistics services. Services ("Customer"). Unless otherwise agreed by Tutus in a separate written agreement with you, the Services will be made available for your commercial use. YOU ACKNOWLEDGE THAT Tutus PROVIDING taxi or LOGISTICS SERVICES OR ACTING AS A taxi transport NOW AND THAT SUCH CARRIAGE OF LOGISTICS SERVICES ARE PROVIDED TO YOU AS A CONTRACTOR TO CUSTOMER THAT YOU ARE AN INDEPENDENT EXTERNAL CONTRACTOR AND EXPRESSLY ABSENCE OF A CONTRACT BETWEEN YOU A TUTUS. Permission: Subject to your compliance with these Terms, Tutus grants you a limited, non-exclusive, non-sublicensible, revocable and non-transferable license to: (i) access and use the applications on your personal device Exclusively regarding your use of the Services; And (ii) access to and use of any content, information and related materials that may be made available by the Services, in any case for your commercial use only as an independent contractor. All rights not expressly granted herein are reserved to Tutus and its licensors. Restrictions: You may: (i) remove any copyright, trademarks or other proprietary rights from any part of the Services; (Ii) The Services do not reproduce, modify, prepare, distribute, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted by Tutus; (Iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (Iv) not referring to, mirroring or framing a part of the Services; (V) do not start or cause programs or scripts for the purpose of unnecessarily aggravating or obstructing the collection, indexing, retrieval, or otherwise of data elements of any part of the Services or the activity and / or functionality of any part of the Services; Or (vi) not attempting to gain or impede unauthorized access to any part of the Services and related systems or networks. Third Party Services and Content: The Services may be made available or consulted with respect to Third Party Services and Content (including Advertising) beyond which Tutus has no control. You acknowledge that the different terms of use and privacy policies may apply to your use of such third party and content services. Tutus does not share such services of third parties and content, and under no circumstances will Tutus be held liable or liable for any of the products or services of such external suppliers. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their applicable international subsidiaries and affiliated companies are third party beneficiaries in this contract when you access the Services and use Applications designed for Apple IOS, Android, Microsoft Windows or Blackberry. These external beneficiaries are not parties to this contract and are not responsible, in any way, for providing Service Support. Your access to these Services by using these devices is subject to conditions contained in the applicable, external service terms of the beneficiary. Ownership: The services and all rights therein shall be and remain the property of Tutus or the property of the licensors of Tutus. Neither these Terms nor your use of the Services grants you any rights: (i) on or in respect of the Services except for the above-mentioned limited license, or (ii) the use or reference in any way to company names , Logos, product or service names, trademarks or service marks of Tutus or its licensors.

3. Your use of the Services

User Accounts: To use all of the Services, you must register and have an active personal account ("account"). You must own as an independent contractor a valid taxi license, valid driver card, valid trade register number at the Chamber of Commerce, to obtain an account. To register your account, you must submit certain personal information to Tutus, such as your trade name, taxi license number, driver card number, address, trade registration number, mobile phone number, and at least one valid bank account number. You agree to display accurate, full and recent information in your account. If you do not have accurate, full and recent account information, including an available invalid or expired payment method, this may result in blocking access and use of the Services or termination of the Tutus Agreement with you. You are responsible for any activity arising under your Account, and you agree to keep your account username and password at all times confidential. Unless otherwise authorized by Tutus, you may only have one Account. User Requirements and Behavior: The Service is not available for use by parties without valid registration with the Chamber of Commerce, without valid taxi license and driver card. You may not authorize third parties to use your account and you may not allow persons to offer taxi or logistics services without a valid driver card. You may not assign or otherwise transfer your account to other persons or entities. You agree to all applicable laws when using the Services, and you may use only the Legal Services (eg, no transport of illegal or hazardous substances). During your use of the Services, you will not cause any inconvenience, inconvenience, inconvenience or property damage to both the customer and any other party.

In some cases, you may be asked to provide a copy of the ID, taxi or driver card to access or use the Services, and you agree that you may deny access to or use of the Services as You refuse to provide a copy of the ID, taxi license or driver card. Text Messages: By creating an account, you agree that the Services may send you informative text messages (SMS) as part of the normal operation of your use of the Services. You can unsubscribe from receiving Tutus text messages (SMS) at any time by sending an email to support@tutus.com, indicating that you no longer wish to receive such messages along with a phone number of The mobile device on which the text messages are received. You acknowledge that unsubscribe from receiving text messages (SMS) may affect your use of the Services. Promotional codes: Tutus may, at its sole discretion, design promotional codes that may be redeemed for account credit, or other features or benefits related to a Customer's Services and / or Services subject to additional terms set by Tutus per separate promotional code ("Promotional codes" ). You agree that the Promotion Codes: (i) must be used for the targeted and intended purpose, and legally; (Ii) may not be duplicated, sold or transferred on whatsoever, or made available to the general public (neither in public form nor in any other way), unless expressly permitted by Tutus; (Iii) at any time may be disabled by Tutus for any reason whatsoever and without liability of Tutus; (Iv) may only be used in accordance with the specific terms set by Tutus for such promotional codes; (V) cannot be converted into cash; And (vi) may expire before your use. Tutus reserves the right to withhold or deduct credit or other features or benefits derived from the use of Promotion Codes by you or any other user in the event that Tutus determines whether the use or redeem of the promotional code is mistaken. , Fraudulent, illegal or violated the applicable terms of Promotion Code or these Terms. Submitted User Content: Tutus may, at its discretion, allow you time to time to textual, audio and / or visual content and information, including comments and feedback regarding the services, commencement of support requests and submissions of projects for competitions and To submit, upload, publish, or otherwise make available to Tutus through the Services. ("User Content"). Any User Content provided by you will remain your property. By submitting User Content to Tutus, you know Tutus a worldwide, perpetual, irrevocable, transferable, royalty-free license to the right to sublicense, to use, copy, such User Content, modify, create derivative works of, distribute, publicly Show, publicly perform, or exploit in all formats and distribution channels that are now known or which would be developed later (including Tutus Services and Activities and External Websites and Services) without further Notification to or your consent, and without any obligation to you or any other person or entity. You represent and warrant that: (i) you are either the sole and exclusive owner of any User Content or that you have all rights, licenses, consents and necessary releases possesses Tutus to grant the license for the User Content as set put above; And (ii) neither the Content, nor your submission, uploading, publishing or otherwise making available such User Content, nor the use of the User Content by Tutus as permitted herein, is an infringement, inappropriate or violation Of intellectual property or proprietary rights, as well as publication or privacy rights, from third parties, or will result in violation of applicable laws or regulations. You agree to provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise objectionable as determined by Tutus in its sole discretion, regardless of whether this material or not protected by law. Tutus may, but will not be obliged to review, review or remove User Content at its sole discretion at any time, for any reason, without notice to you. Network Access and Devices: You are responsible for obtaining access to the data network, necessary for using the Services. Your mobile network data and SMS rates and charges may apply if you access or use the Services through a wireless device and you are responsible for such rates and charges. You are responsible for purchasing and updating compatible hardware or devices necessary for accessing and using the Services and Applications and any additional updates. Tutus does not warrant that the Services, or any part thereof, will work on certain hardware or devices. In addition, the Services may be subject to interruptions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that the use of the Services may lead to costs for the services or goods you provide to a Customer ("Costs"). After you provide any services or goods caused by your delivery of the Service, Tutus will send your payment of the applicable Cost on behalf of the Customer in the capacity of an External and Limited Debit Agent. Payment of the Costs in such manner is considered equivalent to a direct payment from you to the customer. The costs are inclusive of applicable taxes if required by law. The costs you pay are final and non-refundable, unless otherwise determined by Tutus. All costs are immediately due and payment will be made possible by Tutus using your preferred payment method in your account, after which Tutus will send you an e-mail receipt. If the main payment method on your Account has been terminated, is invalid or is invalid, you agree that, as an external debtor, Tutus may use a Secondary Payment Method in your Account, if available. In accordance with the agreement between you and Tutus, Tutus reserves the right to determine, cancel and / or review costs for any or all services and goods obtained through the use of the Services, at any time in its sole discretion by Tutus. You acknowledge and agree that applicable Costs in certain geographical areas may be significant at times of strong demand. Tutus will make reasonable efforts to inform you about Costs that may apply, provided you are responsible for the costs incurred by your account, regardless of whether you were aware of such costs or their amount. Tutus may occasionally provide certain users with promotional offers and rebates that may lead to different amounts charged for the same or similar services or goods caused by the provision of the Services, and you agree that such promotional offers and rebates, unless made available to You will not affect your delivery of the Services or the fees charged to you. You can choose to cancel your application for services and goods to a customer at any time prior to arrival at the customer, and in that case you can charge a cancellation fee. Except with regard to the requested transport service transport services through the Application, Tutus does not charge any kind of compensation to the customer as a tip or gratitude to you. Any statement by Tutus (on the Tutus website, in the Application, or in Tutus's advertising materials) that are "voluntary", "non-required" and / or "included" in the payments you receive for delivered services or Goods is not intended to suggest that Tutus provides additional amounts, except those mentioned above, to the External Supplier. You understand and agree that, although the customer is free to make additional payments as grateful to you for services or goods through the Service, you do not in any way claim additional payments. Tenders are voluntary. After you provide these services or goods through the Service, you will be given the opportunity to review your experience and leave additional feedback about the customer. Repair and Cleaning Costs: You are responsible for the cost of repair for damage to, or necessary cleaning of vehicles and property of your company as a result of your use of the Services under your account, in case of more than damage due to "wear" And necessary cleaning ("Repair or Cleaning").

5. Disclaimers: Limitation of Liability; Compensation

DISCLAIMER: SERVICES ARE PROVIDED "IN CURRENT STATE" AND "AS AVAILABLE". TUTUS DISCLAIMS ALL STATEMENTS AND WARRANTIES, EXPRESSLY, IMPLIED OR STATUTORY, NOT EXPRESSLY DESCRIBED IN THESE CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT. In addition, TUTUS MAKES NO DECLARATION, WARRANTY, OR WARRANTY RELATING TO RELIABILITY, TIME, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR REQUESTED SERVICES OR GOODS BY USE OF THE SERVICES OR THAT THE SERVICES SHOULD BE UNLESS OR ERROR-FREE. TUTUS DOES NOT WARRANT THE QUALITY, FITNESS, SECURITY, OR CAPACITY OF A CUSTOMER. YOU AGREE THAT THE TOTAL RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY REQUESTED PRODUCT OR PRODUCT IN RESPECT OF THIS IS, FULLY FOR YOUR ACCOUNT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY: TUTUS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF LOSS, LOSS OF DATA, PERSONAL INJURY OR CONSEQUENTIAL DAMAGES RELATING TO, RELATED TO, OR OTHERWISE ARISING OUT OF USE OF THE SERVICES, EVEN IF TUTUS WAS WARNING OF THE POSSIBILITY OF SUCH DAMAGES. TUTUS SHALL NOT BE LIABLE FOR ALL DAMAGES, LIABILITY OR LOSSES WHICH ARISE FROM: (I) YOUR USE OR DEPARTURE OF THE SERVICES OR YOUR INDEPENDENCE TO ACCESS OR USE THE SERVICES; OR (II) FOR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CUSTOMER, ALSO AS TUTUS MADE AFFIRMED FOR SUCH DAMAGES. TUTUS IS NOT RESPONSIBLE FOR DELAY OR LOSS OF INCOME WHICH ARISING FROM CAUSES WHETHER TUTUS REASONABLE HAS NO EFFECT. IN NO EVENT SHALL THE TOTAL LIABILITY OF TUTUS IN RESPECT OF YOU AND THE SERVICES FOR ALL DAMAGES, LOSSES AND MEASURES BE FIXED. (EUR 50). THE SERVICES OF TUTUS CAN BE USED BY YOU TO INVITATE AND PLAN TRANSPORT, GOODS OR LOGISTIC SERVICES WITH CUSTOMERS, BUT YOU AGREE THAT TUTUS IN RESPECT OF YOU DOES NOT RESPONSIBLE OR RESPONSIBLE FOR ANY TRANSPORT, GOODS, OR LOGISTIC SERVICES THAT YOU DO NOT EXPRESSLY DISCLAIM THIS TERMS AND CONDITIONS IN THESE CONDITIONS.

6. Compensation.

You agree to indemnify Tutus and its officers, directors, employees and agents from any and all damages, claims, losses, liabilities and expenses (including attorney fees) arising out of or relating to: (i) your provision of the Services or Services or goods obtained by your provision of the Services; (Ii) Your breach or violation of any of these Terms; (Iii) the use of your User Content by Tutus; Or (iv) your violation of the rights of third parties, including a customer.

7. Termination, deadlines, force majeure and end of the agreement

All claims made by you on Tutus will be overaged within one year of the claim. The terms agreed with Tutus are never considered to be fatal terms unless otherwise explicitly agreed upon in writing. Malfunctions in the company as a result of force majeure (including force majeure) include: illness and / or disability, weather conditions, war, mobilization, riots, flooding, weather influences, eg storm and frost, closed shipping and other barriers to transport, stagnation In, or restriction or suspension of supplies by public utilities, fire, machine breach and other accidents, strikes, exclusions, employee organization actions, making compliance impossible, government measures, non-delivery of necessary materials and semi-finished products to third party Tutus and Other unforeseen circumstances, including in the country of origin of materials and / or semi-manufactured products, which interfere with normal business operations and delay or make it impossible for a contract to be executed) shall discharge Tutus from the agreed term or performance obligation without the client Which means the client may, for that reason, be entitled to any right of compensation for costs, damage or interest. In case of force majeure reimbursement of costs, damages or interests may apply. In case of force majeure, Tutus will immediately inform you. After receipt of the notice you have the right to cancel the assignment in writing for two days but with the obligation to reimburse the already executed part of the assignment, to reimburse the costs already incurred in connection with purchase of parts and the costs of third party engagement. . If progress in execution of a contract is delayed by your action or by force majeure on your part, you are obliged to pay Tutus for the already fulfilled part of the assignment proportionally and to meet Tutus already incurred costs for the entire assignment. . Complaints may only be made in writing and within 24 hours of execution of the contract. Tutus is not liable for print-writing and / or error errors and / or ambiguities in quotes, order confirmation and / or prospectuses, or the consequences thereof. In the event of a difference of explanation of quotations, order confirmation or prospectuses, the explanation of Tutus is binding. Failures to part of the delivered do not give the right to disapproval of the entire delivered performance. Tutus accepts no responsibility whatsoever for defects caused by or arising from the provision of debt or liability by the client or third parties, or due to external causes. More obligations than arising from this article, Tutus does not, in particular, Tutus will in no case be liable for direct or indirect damage or other consequential damages arising from inaccurate or inadequate execution of the contract. A complaint regarding certain work or deliveries does not endorse the client's payment obligation with respect to those or other work / deliveries. Client will never be able to claim termination of an agreement due to complaints or defects. Warranties are expressly agreed in writing. Tutus is entitled to terminate with you at any time without giving notice of any reason with due notice of 4 weeks notice. Tutus is entitled to terminate the cooperation with you in the following situations: 1) criminal conviction for any crime; 2) cancellation of taxi license and / or driver card; 3) Exemption Chamber of Commerce; 4) bankruptcy, surrender of payment and / or admission WSNP; And 5) posting negative messages on or via social media (such as but not limited to Facebook, Linkedin, Twitter, Instagram, etc.). Cancellation of the cooperation by Tutus and / or you will in no case result in any form of compensation due or payable by Tutus. In the event of termination by Tutus due to a credible defect on your part and / or due to a third party claim, Tutus is entitled to recover all of its damage to you.

8. Applicable law; Option to arbitration.

A dispute is present as soon as a party declares that this is the case. On all agreements and transactions of Tutus with you, only Dutch law applies.

All disputes, whatsoever called, will be subject to the judgment of the Dutch competent court in Amsterdam, excluding all other arbitration, advisory and judicial bodies. By way of derogation from paragraph 3, only Tutus is authorized to submit disputes to an arbitration commission in accordance with the Rules of the Dutch Arbitration Institute (NAI). In the event that Tutus makes the choice for arbitration, all disputes arising from Tutus's agreements to you, to which these terms apply, will be resolved. Settled in accordance with the rules of the Dutch Arbitration Institute (NAI). By way of derogation from the Rules of the Dutch Arbitration Institute (NAI), all costs associated with an arbitration procedure will be advanced by you.


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