Terms & Conditions
Welcome to JCar! The Platform includes a website, mobile application, and any other services provided by or on behalf of JCar, including the use of the Platform to facilitate a ride.
Relationship between user and JCar
By agreeing to this Terms of Service, and/or by accessing or utilizing any element of the Platform, you are clearly acknowledging that you have a comprehensive understanding of this Agreement and accept all of the policies and terms within it. All users of JCar are required to agree to be bound by the terms and conditions of this agreement.
Please review the following terms and conditions concerning your use of and access to the app. By accessing, using and/or downloading any materials or content from the it, you agree to follow and be bound by these terms and conditions. If you do not agree with the agreement, you may not use the platform.
The agreement provides that all disputes between you and JCar will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action) to assert or defend your rights under these terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with JCar.
The creation and registration of any user account with the JCar platform automatically dictates that you have read and understood and consent to and agree to be bound by all of the terms and conditions within this Agreement. These terms will hereby take the place of any prior arrangements or agreements made between us and you and we reserve the rights to terminate these terms or any services at any time and for any reason. No user shall be allowed to access the platform if they do not agree to these terms and conditions.
Additional terms may be applied to other services and will be disclosed to you separately. All terms, whether written here or within connected supplemental agreements, will be considered a part of the overarching terms associated with the services and the platform and any usage or provision concerning either or both. In the event that there is a conflict between two connecting agreements that fall under the general terms, the language consented to and agreed upon within the additional terms and conditions shall prevail.
JCar can and will modify the terms and conditions of this agreement at its sole discretion. Any additions or alterations to this agreement will be made effective upon posting and notification of a posting to our users. The “Last Updated” date at the top of this agreement may be the sole way in which we notify our users of any updates to this agreement. Your consent to this agreement will be automatically received upon your continued usage of our platform after the agreement has been modified and such date has been changed. Any updates or changes that are deemed disagreeable to you as a user will render your usage or access of the platform unacceptable.
Agreement to Binding Arbitration
Any and all claims, controversies, and/or disputes that are in any way connected to the terms and conditions laid out in this agreement as well as any connecting agreements and/or your use of the platform or services shall be resolved via arbitration between you and JCar. You may not pursue action against JCar surrounding any of the above issues in a court of law.
You hereby understand and consent to the fact that you and JCar shall waive the right to a trial by jury or to participate in any representative or class action proceedings (either as a plaintiff or class member). All arbitration shall take place on an individual basis unless expressly agreed upon in writing by both you and JCar. Small claims court remains a valid venue in which either you or JCar may retain the right to bring individual action. The same rights are retained for the seeking of injunctive or other equitable relief in a court of competent jurisdiction regarding any issues involving intellectual property rights as laid out in the terms and conditions of this agreement and all corresponding agreements.
Governing Law and Arbitration Rules
American Arbitration Association (AAA) is the organization which shall administer all arbitration between you and JCar. This arbitration shall be performed according to the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (AAA Rules) as laid out by the AAA, excluding those which have been explicitly modified by this Arbitration Agreement. You can find a listing of all AAA Rules.
Both parties hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (‘FAA’), will govern the interpretation and enforcement and any subsequent proceedings regarding said interpretation and enforcement due to the evidenced interstate transaction occurring as a result of this Arbitration Agreement. All state laws shall be preempted to the fullest legal extent by the FAA and AAA Rules as intended by both parties. The laws of the state of Nevada shall govern any issues that arise under this Arbitration Agreement which cannot be found within the FAA and AAA Rules.
A written Demand for Arbitration (as detailed in the AAA Rules) shall be required of any party who wishes to initiate arbitration and must be provided to the opposing party. You can find a form for the Demand for Arbitration at the Consumer Arbitration Rules section in www.adr.org or via phone at 1-800-778-7879. The Arbitrator provided by AAA may be one of the following: 1. an attorney that has as specific license to practice law in the state of Nevada and that is selected by both parties from the AAA’s roster of consumer dispute arbitrators. The AAA shall appoint an Arbitrator in accordance with AAA Rules if both parties cannot agree upon an Arbitrator within seven (7) days of the delivery of the Demand for Arbitration; or 2. A retired judge.
Location and Procedure
Arbitration shall occur within Las Vegas, Nevada. Unless you request a hearing or the Arbitrator deems that the arbitration requires a hearing, and if the claim does not exceed the limit of $10,000, then the arbitration will proceed based solely on the documents that JCar and you submit to the Arbitrator. For any claims exceeding $10,000, the AAA Rules will dictate your right to a hearing. It is up to the Arbitrator, operating within the bounds of the AAA Rules, to govern and manage an exchange of information by the parties that is reasonable and consistent with the accelerated purpose of said arbitration.
The AAA Rules specify a time frame within which the Arbitrator will determine an award. Any court that has competent jurisdiction to hold the judgment of the arbitration award may be valid. Injunctive or declaratory relief may be award by the Arbitrator if it is only in favor of the claimant and only to the extent that is deemed necessary for the relief that is warranted by the claimant’s individual claim. All decisions made by the Arbitrator shall be final and all parties involved shall be bound to said decisions. Therefore, there shall be no precedential or collateral estoppel effect of the Arbitrator’s decision or judgement. Attorneys’ fees and expenses shall be compensated to the prevailing party in an arbitration in accordance with applicable law. JCar waives any rights and shall not seek attorneys’ fees and expenses under the event that JCar may be the prevailing party during an arbitration.
Costs of Arbitration
The AAA Rules shall be solely responsible for setting forth any necessary feels that you are responsible to pay for any AAA filing, administrative, and/or arbitrator fees.
Modifications or Amendments
Severability and Survival
JCar is a facilitator of transportation services between a driver and a rider. we are not a transportation service provider. We are not a transportation carrier. Each driver decides whether they want to accept a ride request once they have been placed in communication with a JCar rider via our platform. Each rider decides whether they want to accept transportation from a driver once communication has been established between them via our platform. It is up to the user to decide to accept or offer any services involving the JCar platform. Every ride offered or accepted by either user party shall be deemed a separate agreement between these two or more users.
Accuracy of Information: The information on the platform may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Platform. All products and services described or depicted on the Platform are subject to change at any time without notice. The inclusion of any products or services on the Platform at a particular time does not imply or warrant that those products or services will be available at any time. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Platform by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
GENERAL USE PROVISIONS
All materials provided on the platform, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services are provided either by JCar or by respective third party authors, developers or vendors and are the copyrighted works of JCar and/or its third party providers, unless specifically provided otherwise. Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of JCar and/or a Third Party Provider.
Except where expressly provided otherwise by JCar, nothing on the app shall be construed to confer any license or ownership right in or to the materials. You acknowledge sole responsibility for obtaining any such licenses. See the “Contact Information” section below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by JCar.
ACCESS AND USE OF THE SERVICES
Account Creation and Usage
You and you alone are the only individual with the authorization to utilize or access your JCar account. We do not accept any responsibility regarding the maintenance and retention of your confidentiality of your password and/or user name for your account and/or platform. Any activities that occur within your user account shall fall under your responsibility. Any unauthorized utilization of your User account shall not be in any way the fault of JCar. You agree to notify us immediately upon recognizing the unauthorized or suspicious activity or utilization regarding your user account.
Eligibility and Restricted Activity
Only individuals who are legally allowed to form binding contracts under applicable law may use or access JCar. Users who have had their account deactivated for any reason shall not have access to JCar, either temporarily or permanently. By registering as a JCar user, you are legally acknowledging and declaring that you are at least 18 years of age. You are also acknowledging and declaring that you have a legal right and authority to agree and abide by the terms and conditions listed in this Agreement.
Contact and Communication
Registering as a JCar user dictates that you automatically agree to the consensual acceptance and reception of communications from us via email, SMS, phone calls, and push notifications from within the mobile device that you access the app from. The consent to this communication from JCar means that you accept that you may be sent automated or pre- recorded content from JCar, our drivers, and/or our third-party partners which shall include but is not limited to messages regarding your account, updates or information involving our platform or services, promotional or marketing content managed by us or our partners, and any relevant news or developments surrounding JCar or our relevant industries.
JCar reserves the right to make promotions available with a variety of features to any of our Riders for any reason whatsoever without notification of other users who may have not received said promotions. These promotions shall not have any bearing on your charges unless otherwise explicitly stated to you in writing by JCar. The use of promotions may include the creation of promotional codes that can be redeemed to specific user accounts.
As a JCar user, you accept full responsibility for the publication, promotion, and/or sharing of your information or interactions between us and our users. Any information that you provide which may be required by law or by JCar to ensure proper utilization and functioning of our platform shall be automatically deemed accurate, current, and complete by you as a JCar user. You accept that you are the only individual in control of the publication or sharing of your information.
It is the sole responsibility of the user to access any data or network that may be necessary for the functionality of the Platform and Services. JCar is not responsible for any fees or rates applied to this access via your mobile device and/or the applicable network or data provider associated with your connection. There is no guarantee or liability on the part of JCar that any or all of the Services and the Platform shall be accessible at any specific point or for any specific reason. Please review the Disclaimers section for further information regarding access to JCar.
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact our Customer Support Department.