Noga Technologies, LLC provides a technological platform to general public in the city of Honolulu through its website www.nogacab.com (hereinafter called the “website”) and through its mobile phone application Noga App (hereinafter called the “application”, wherein riders can connect to the drivers of cabs who would provide service on rental basis (hereinafter called the “Driver”). Noga Technologies, LLC hereby clarifies that it does not provide any car transportation service or run any transportation carrier on rent, but only mediates between the Drivers or companies (mostly through their Drivers) and the passengers (hereinafter called as “Riders”) regarding the car transportation service on rental basis.
a. You may visit our website or application as a guest and make yourself aware of the services we provide. However, in order to avail our services through our website or application, you will have to register and you may be required to provide certain personal information about yourself such as name, age, email id, phone number, date of birth, etc. as part of the registration process. Riders may also provide your credit card / debit card details for billing purposes. You are expected to provide accurate and up to date personal information. You are not authorised to create additional accounts with different personal data.
b. While registration, you will have to create an account with a login email and a password. You are responsible for maintaining the confidentiality of login information associated with your account. Accordingly, you are responsible for all activities that occur under your account.
Our website and application may be used only by individuals who are at least 18 years of age. We do not allow access to users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms of service contained herein. You shall not allow other persons to use your user account, and you agree that you are the sole authorized user of your account.
We connect Drivers who are ready to provide rental services to Riders. We associate only with those Drivers who are certified by having a valid license to drive in the city of Honolulu issued by the transport authority of Honolulu. Further, the cars used by the Drivers are either owned by them or owned by a company. Moreover, the cars are also registered with the transport authority of Honolulu.
a. Our website / application will list the details of services of the Drivers such as the vehicle type, passenger and luggage capacity, animals allowed or not, etc. These details may be changed at anytime without your consent. You acknowledge that we only provide a platform to connect Rider to Driver without having any role in the performance of service by the Driver.
b. The Riders are expected to know the details of the service they intend to opt for prior to booking the same. We do not undertake any responsibility for any mistake in understanding the service listed on the website / application on the part of the Rider.
You may book for Island Tour 24 hours prior to the intended tour. The charges for Island Tour will be listed on our website / application. The details of tour package will also be listed on our website / application. Any cancellation of the Island Tour with full refund will have to be made at least 4 hours before the scheduled tour. If cancellation is made within 4 hours before the scheduled tour, the cancellation fee shall apply.
Upon completing / delivering the service, we would send the Rider an email on the registered email address and a notification through text message on the registered mobile phone number confirming completion / delivery of service along with the billing information.
a. All charges include our commission amount and all payments have to be made through card. Cash payments are strictly prohibited. The website / application may automatically quote charge as per the information entered into by you while making a booking. The quote is provisional and the actual charge shall be determined considering the waiting charges, distance, traffic conditions, toll charges, driver tips (if any you opt for), etc.
b. There is a fixed minimum charge for each destination and for each type of car booked subject to the actual amount being different after the service considering the waiting charges, distance, traffic conditions, toll charges, driver tips (if any you opt for), etc. However, if the Rider wishes to end the service before reaching the destination, the Rider will have to pay the charge as per the distance covered.
c. Drivers expect you to keep the vehicle clean while using the same and also not to cause any damage to any part of the vehicle. In case of any damage caused by you, you will bear the expenses to repair the same, except for normal wear and tear. Further, apart from the regular cleaning if the vehicle requires cleaning due to your acts such as burns, vomit/sickness, drink spillage, etc. then the cost of such cleaning shall be borne by you. In such instances, we would provide your contact details to the concerned Driver upon request.
Any cancellation of service after booking must be done within 15 minutes of booking (except for Island Tour cancellation). You must pay a cancellation fee for any cancellation made after 15 minutes. We will charge the cancellation fee to your payment mode saved on our website / application. Any amount paid by you after you have taken the service is non-refundable for any reason whatsoever. In case you are not satisfied with the service, you may raise a complaint or a dispute on our website or application and on request we would examine the matter in detail and try our best to provide a resolution. If the matter cannot be resolved by us, then we would provide the Rider/Driver with the contacts of the Driver/Rider who would resolve the matter independently (on their own) without our involvement.
The Driver reserves the right to refuse to transport persons under the influence of intoxicating liquor or drugs. In case of any misconduct by Rider, the Driver has the right to terminate the service. Smoking is not permitted in any of the vehicles. Drug use is prohibited by law. You shall use the service only for lawful purposes and are strictly prohibited to transport unlawful and hazardous substances. It is illegal to stand through the sunroof of any vehicle. Any fines incurred due to the actions of the Rider will be charged to the Rider’s mode of payment on file once the fine is received by Driver and informed to us. Driver has the right to terminate the ride without refund if there is blatant indiscretion on the part of the Rider.
We allow users to provide their feedback and rating in respect of the service booked through our website or application. The feedback and rating would assist us to enhance our service and the Drivers to improve on their service. The content of the feedback must not be unlawful, defamatory, obscene, harmful, illegal, infringing the intellectual property rights or privacy rights of any other party or impersonating anybody. We reserve a right to remove any such inappropriate user content from our website or application without your consent.
a. You will not use the website / application in any improper or unlawful manner or in breach of any legislation or licence. Your right to use the website / application is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
b. You agree that when using the website and the application you will not:
We may terminate your account at any time at our sole discretion if you violate any of the terms of service contained herein. You may terminate your account any time as per your wish.
You agree to defend, indemnify and hold us, our officers, directors, employees, representatives, agents or affiliates, etc. harmless from and against any and all direct or indirect claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys’ fees) arising from the use of our website or the application. This clause shall survive the termination of your accounts.
All intellectual property rights in or to the materials and information made available to you through the website and the application are either owned by us or licensed to us by any other party. You may only use such information or materials. The permission to use the information and materials available on the website and the application shall not be construed as an assignment of any intellectual property rights in or to such materials or information. All our rights are hereby expressly reserved. You may view, download and print any materials and information made available to you through the website or application subject to the following conditions: the materials and information may only be used for your personal and non-commercial purposes; the materials and information shall not be reproduced or included in any other work or publication in any medium; the materials and information may not be modified or altered or reverse engineered in any way; the materials and information may not be distributed or sold to any other party; You may not remove any copyright or other proprietary notices contained in the material or the information. iii Our website and application displays our registered trademark and the same shall not be used by you in any manner for any reason whatsoever. You shall abide by Digital Millennium Copyright Act and other applicable copyright laws. In any event of copyright infringement or suspicion of copyright infringement, we may issue a notice to stop or enquire into the infringement / suspected infringement. All the structure, designs, works, etc. associated with our website and application is © Noga Technologies, LLC. All rights reserved.
Any other content may appear on the website or application or may be accessible via links from the website or application. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity or pornography in the statements, opinions, representations or any other form of content appearing on the website or application. You understand that the information and opinions in such content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
We have a right to post any authorised advertisements or links to other websites which will be visible to you during the use of our website or application. We shall not be responsible for use of any advertisements and links to other websites by you. Any deals such as purchase of products, offers, etc. entered into by you in respect of such advertisements or links appearing on other websites; you shall be solely responsible for the deal including any loss, damage, etc. resulting from such a deal. We do not warrant and are not liable for any such loss, damage, etc.
b. In the event of any dispute arising from the use of our website or application (other than the complaints regarding the service provided by Drivers or damage to vehicle caused by Riders), the same may be attempted to be settled amicably between you and us. In the event the matter is not settled amicably, then the same may be referred to arbitration to be held in Honolulu as per the prevailing arbitration laws in Honolulu. There shall be a single arbitrator appointed by both the parties. In case the parties are not able to arrive at a consensus in appointing a single arbitrator, then the courts in Honolulu shall have the jurisdiction to decide on the sole arbitrator. The prevailing party in arbitration shall be entitled to receive cost of the arbitration from the other party.
Except as specified herein, all express or implied conditions, representations and warranties including without limitation, any implied warranty of merchantability, fitness for a particular purpose, non infringement or arising due to usage or trade practice are hereby excluded to the extent allowed by applicable law. In no event shall we be liable for any direct, indirect, special, consequential or incidental damages arising out of the use or inability to use our website or the application, including any errors, viruses or other problems of any nature or kind whatsoever associated with the use of the website or the application.
You may contact us at firstname.lastname@example.org or +1 844-532-0028 for any queries or support you may need at any time.
Noga Technologies, LLC
1154 Fort St Mall, Suite 218,
Honolulu, Hawaii - 96813