Excel Transportation Inc. (“Excel Worldwide”) thanks you for visiting our web page. Your access to and use of our internet site (“website”) is subject to the following terms and conditions (collectively the “Terms”) and all applicable laws. By accessing and browsing our website, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and Excel Worldwide are superseded and of no force or effect.
1. TERMS AND CONDITIONS OF SERVICE:
Grace period: Delays are inevitable, which can sometimes keep customers from meeting their chauffeurs. Excel Worldwide’s team works hard to give chauffeurs enough time to be in position prior to reservation pick-up time. For each reservation, customers are granted a window of time to meet their chauffeurs at the requested pick-up time and location before incurring waiting time charges.
Airports pickups: Excel Worldwide monitors all commercial airline arrivals to ensure on-time airport pickups. A Thirty (30) minute grace period is allowed on all domestic arrivals and forty-five (45) minutes on all international arrivals. Waiting time charges will apply after the grace period and are accrued in quarter-hour increments, based on the vehicle’s hourly rate.
Non-airport pickups: For all pickup locations other than airports, a fifteen (15) minute grace period is allowed. Waiting time charges will apply after the grace period and are accrued in quarter-hour increments, based on the vehicle’s hourly rate. Changes and cancellations: Changes and cancellations are inescapable. Be sure to give us a foreordained notice, and we’ll try to accommodate accordingly. Changes or cancellations for all trip reservations must be submitted to Excel Worldwide via e-mail at reservations@Excellimo.com, the customer’s online reservation system, when applicable, or by calling us directly at,877-359-3256 or 408-834-4990. Changes and cancellations via e-mail require twenty-four (24) hours advance notice. Changes and cancellations via phone require two (3) hours advance notice for our corporate-owned markets and one (3) hour advance notice when traveling in our affiliate markets. Customers who fail to provide adequate notice of either trip reservation changes or cancellation, as referenced above, will be billed the full fair.
No-shows: A reservation is considered a “No Show” if the passenger is unable to make the designated pick up location or unable to make contact with Excel Dispatch within (a) one (1) hour for airport pickups (time begins when passenger’s plane lands) or (b) thirty (30) minutes at other pickup locations. For all No-Shows, the full trip fare will be charged. To avoid this charge, or if you are having trouble locating your chauffeur, we advise you not to leave the pick-up location on your reservation without first contacting Excel Worldwide .
Rates: Rates are subject to change without notice. Excel Worldwide is not responsible for services delayed or not rendered due to weather or other circumstances beyond its control. The rate presented on your reservation confirmation is an initial estimate of the cost of service as reserved and is not intended to represent the actual cost of the trip. Wait time, taxes, extra stops or additional services may change your rate. By using our application, users are also bound by Google’s Terms of Service.
2. USE OF PERSONAL DATA
3. COPYRIGHTS, TRADEMARKS AND OWNERSHIP
All content included on the Site, including text, graphics, logos, images, news, articles, software scripts and applets (collectively the “Content”), is the property of Excel Worldwide or its affiliates, and is protected by United States and International copyright laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the Site without the written permission of Excel Worldwide. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, or any exploitation, of the Site or any of the Content or software on the Site, in whole or in part, is strictly prohibited.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Excel Worldwide and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Excel Worldwide or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other Content on the Site, except as provided in these Terms, is strictly prohibited. Excel Worldwide will aggressively enforce its intellectual property rights to the fullest extent of the law.
4. DISCLAIMER OF WARRANTIES AND LIABILITY
Excel Worldwide does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise.
Excel Worldwide, its respective affiliates and/or its suppliers may make improvements and/or changes to the Site at any time.
All information, software, and services on the Site are provided “as is” without warranty of any kind either express or implied. Excel Worldwide, its respective affiliates and/or suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Excel Worldwide, its affiliates and/or its suppliers be liable for any direct, indirect, punitive, incidental, cover, special, or consequential damages or loss of profits arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software or services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if Excel Worldwide, its respective affiliates and/or suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitation may not apply to you.
5. SECURE AND LAWFUL USE
You agree to comply with and abide by any security measures or systems implemented from time to time by Excel Worldwide in connection with the Site, including but not limited to passwords or encryption mechanisms (such as digital certificates). As a condition of your use of the Site, you also warrant to Excel Worldwide that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Excel Worldwide will fully cooperate with any law enforcement authorities or court order requesting or directing Excel Worldwide to disclose the identity of anyone posting such information or materials.
6. INFORMATION HYPERLINKS
The Site may contain hyperlinks to Websites operated by parties other than Excel Worldwide. Such hyperlinks are provided for your reference only.
Excel Worldwide explicitly disclaims responsibility for the accuracy, copyright compliance, or reliability of material provided by or about third parties. Furthermore, Excel Worldwide does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might be requested to give any third party, and you hereby irrevocably waive any claim against Excel Worldwide with respect to such other operator or company. Excel Worldwide strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other operator or company.
7. SOFTWARE AVAILABLE ON THE SITE.
Excel Worldwide hereby grants to you, the user, a personal, nontransferable license to use any downloadable software applets (“the Software”) for viewing and otherwise using the Site in accordance with these Terms and for no other purpose. Please note that all Software, including without limitation all HTML code, Java Script and ActiveX controls contained in the Site, is owned by Excel Worldwide, its affiliates, and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
8. USE OF Excel Worldwide’s ONLINE SERVICES
The Site is provided solely for assisting Excel Worldwide’s customers in making legitimate reservations, retrieving online ride receipts or otherwise transacting business with Excel Worldwide, and for no other purposes. You agree to be financially responsible for all of your use of the Site as well as for use of your account by others, including without limitation, minors living with you. You agree to supervise all usage by minors of the Site under your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and accurate. You understand that overuse or abuse of the reservation request facilities of the Site may result in your being denied access to such facilities.
This agreement is governed by the laws of the State of California, without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, San Jose U.S.A., in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these Terms, including without limitation this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and Excel Worldwide with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Excel Worldwide with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Excel Worldwide may at any time without notice revise these Terms by updating this page. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms. Your use of Excel Worldwide services indicates your acceptance of these Terms.