Terms of Use

Terms of use

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.
The use of this website and the application is subject to the terms and conditions contained herein. All references as“we”, “our” and “us” in these terms of service shall be references made to Noga Technologies, LLC. All references as “you” and “your” shall be references made to the users of this website and/or application including Riders and Drivers. By visiting our website or application, you understand and agree to accept and adhere to the following terms of use.

Access to the Website / Application

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.

Eligibility

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.

Services

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.

Booking a Ride

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.

Island Tour

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.

Completion / Delivery of Service

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.

Charges

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.

Cancellation and Refund

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.

Driver Compliance

  • Driver shall renew his driving license from time to time as may be required by the transport authority of Honolulu and will always drive a car or vehicle which has been properly registered with the transport authority, for providing the service to Riders connected through us. Driver will have to provide minimum information about his vehicle such as car type, passenger capacity, luggage capacity, animals are allowed or not, etc. which will be put up on the website and application in order to enable the Riders to make the right choice of the car for their travel. Driver will provide services using the vehicle that has been approved by us, and for which a photograph has been provided to us.
  • At our discretion Driver will be entitled to 90-95% of the amount paid by Riders connected by us. As the payments are made through card by Riders, Driver will be provided pay statement and will be paid bi-weekly by us. Driver will have to inform us of his mode of payment upon entering into contract with us as an independent contractor. There is no employer-employee relationship intended or created between the Driver and us.
  • We will fix and post on the website and on the application, the charges for the ride based on area and distance, and the same will be updated from time to time by us. Driver is expected to note the minimum charges fixed by us for the service based on area and distance. Driver shall be responsible to pay tax (if any) imposed on him by the Honolulu city, or Hawaii state or IRS for the service provided by him.
  • Driver shall insure the vehicles under a reputed insurance coverage to be active at all time. The insurance coverage must include liability coverage.
  • Driver will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing services, provide services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Riders or third parties.
  • Driver shall always keep his car clean, making it comfortable for Riders to use. Driver must maintain the car as per the industry standards. Driver shall undertake the regular maintenance and servicing of the vehicle on his own. Further, Driver is responsible to repair any damages to the vehicle.
  • We shall monitor your vehicle during service through GPS but we do not monitor the activities of the Driver during the time of service to the Rider.
  • In the event of any injury or damage to person or property including death of the Driver or Rider while providing service to the Riders, the Driver, Rider or any representative / legal heir of the Driver/Rider shall not have any right to claim from us any amount as compensation. Driver will be solely responsible for the damage caused to the person, property or vehicle in such events and Driver or his representative or legal heir shall bear all expenses for repairing the vehicle and even shall be liable for all compensation for loss of life or property.
  • We will not be responsible and liable for any act of the Rider causing damage to the vehicle at any time. At most we will provide the details of the Rider to the Driver in case of any claim by the Driver.
  • We are not responsible for any mishap, accidents or inconveniences caused during the travel. If the Driver violates any traffic rules and receives ticket/s from the police, Driver shall be responsible to handle the situation as well as pay any fines that may be imposed. In such instances, Driver shall indemnify us from liability or payments to the police.
  • Driver shall indemnify us from any claim of any Rider arising from any act/s of Driver or from the ride.
  • We will warn the Driver if the rating / feedback of the Driver or the ride are below 3 for continuous three services provided by the Driver. If the rating / feedback continue to be below 3 for five services, then we may terminate Driver’s service. Termination in any event shall have immediate effect. Upon any event of termination, we will pay all dues to the Driver within 2 weeks of termination.

Rider Conduct

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.

User Feedback and Rating

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.

Use of the Website / Application

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:

  • publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, or otherwise illegal material or information or anything which might constitute a civil or criminal offence;
  • impersonate others;
  • promote any activity that is illegal;
  • use software to harvest information from the website or application;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • infringe any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of our website / application or any software used on or for the website / application.
c.   You are responsible for obtaining (at your own cost) all necessary equipment required to access and use the website and the application. You are responsible for ensuring that no one uses your equipment / device to access the website and the application without your permission. We will be entitled to assume that anyone who accesses the website and the application using your equipment / device has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

Termination of Your Account

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.

Limitation of Liability

  1. You are responsible for determining the appropriateness of use and all risks associated with the use of our website and the application, including but not limited to the risks of errors, loss / unauthorized transmission of data or other programs, or unavailability or interruption of operations, etc. In no event shall we be liable for any direct or indirect claims, damages or other liability arising from, out of, or in connection with the use of our website or application by you.
  2. You are responsible to determine the mobile phone or handset that is suitable for downloading the application and we are not responsible if the application does not function on any mobile phone chosen by you. We are also not responsible and liable for any change in the features or applications of mobile phone made by your mobile phone service provider.
  3. We are not responsible and are not liable for Rider’s inconvenience or dissatisfaction of the ride provided. Our role is only to mediate between the Rider and the Driver. We do not represent that the journey would be safe and convenient. We are not responsible for any mishap, accidents, inconveniences caused during the journey. Our liability is limited to providing the Rider with the contact details of the Driver in such instances.
  4. Riders are responsible to take care of luggage and other belongings while travelling and also are responsible to ensure that Riders do not leave behind any belongings in the car. We do not undertake any responsibility of the person or luggage or belongings.
  5. We are not responsible for delays caused by road or traffic conditions, weather, mechanical failure, unsafe road conditions such as accidents, road closures, etc. In case of mechanical breakdown of the car in the mid way, Rider may book another Driver through the application or website and we will try to arrange for an alternate Driver as soon as possible; but we do not assure that we would be able to arrange for an alternate Driver at that time. We are not responsible for direct or consequential results or losses caused due to delay.
  6. Our website and the application is on “AS IS” basis without any warranties of any kind. In no event do we warrant that the access and operations on our website or on the application is error free or without problems or interruptions. You shall be solely liable for the personal and financial damages resulting from the interruptions in the service during the use of our website or the application.
  7. You understand that your mobile phone service provider may have access to your personal information in addition to us. We will exercise due care in maintaining your personal information securely. However, we are not responsible for any hacking of your password or misuse of your personal information by anyone.

Indemnity

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.

Intellectual Property Rights

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

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.

Advertisements and Links to Other Websites

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.

Governing Law & Dispute Resolution

a.    These terms of service shall be governed by and construed in accordance with the laws of Honolulu, Hawaii. If any portion hereof is found to be void or unenforceable, the remaining provisions of these terms of use shall remain in full force and effect. These terms of use constitute the entire license between us and you with respect to the use of our website and the application. Such license is non-exclusive, non-sublicensable, revocable and non-transferrable.
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.

Disclaimer of Warranties

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.

Right to Change the Terms of Use

These Terms of Use may change or may be updated from time to time. A copy of the recent updated Terms of Use shall be always available on our website / application. You may review the Terms of Use from time to time.

Contact Details

You may contact us at support@nogacab.com 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