Our App offers its services under the following Terms of use (hereafter
collectively referred to as the “Agreement”) that constitute a legal agreement
between you and MyconosMust, a Greek corporation or the appropriate entity (the
“Company”). You should read them carefully and use the Our App services only if
you agree and consent to the agreement. By using the software, you agree to be
legally bound by the agreement and the privacy policy set forth herein just as
if had signed them.
These terms and conditions apply to all our services directly or indirectly
(through distributors) made available online, through any mobile device, by
email or by telephone. By accessing, browsing and using our website, our mobile
application or any of our applications through whatever platform (hereafter
collectively referred to as the “Software”) and/or by completing a booking, you
acknowledge and agree to have read, understood and agreed to the terms and
conditions set out below (including the privacy policy).
If you do not agree to these terms and conditions including our privacy policy
and you are not willing to be bound by them, do not install our application
and/or promptly erase it and any part thereof, from your mobile phone or
computer and do not use it in any manner whatsoever.
The Software is owned, operated and provided by MyconosMust and it is provided
for your personal, non-commercial use only, subject to the terms and conditions
set out below.
1. Definitions and interpretation
For purposes of this Agreement, the following definitions apply:
• “we”, “us”, “our” and “Company” refers to MyconosMust and its affiliate
(distribution) partners
• “you”, “your”, “yours” and “Passenger(s)” refers to the customer using/booking
a taxi through our mobile applications or through the website
• “Software” refers to the Mobile and Web applications owned by MyconosMust and
used by you to book your ride.
• “Driver(s)” refers to the licensed private hire driver who has completed the
registration for drivers and is accepted by Our App to participate as a Driver,
• “User (s)” refers to any user of the Software, including you, and
• “Our App services” refers to services rendered by Our App, through the use of
its Software, to you
• “Taxi services” refers to transportation services rendered by drivers to
passengers
2. Our Service
The Services constitute a technology platform that enables users of Our App
mobile applications or websites provided as part of the Services (each, an
“Application”) to pre-book and schedule transportation services with Our App or
with independent third party providers of such services, including independent
third party transportation providers under agreement with MyconosMust or certain
of MyconosMust affiliates, and/or independent vendors such as restaurants
(“Third Party Providers”). Unless otherwise agreed by MyconosMust in a separate
written agreement with you, the Services are made available solely for your
personal, non-commercial use.
Our App provides you the opportunity to a) locate and contact drivers who are
close to your location and b) choose amongst the available drivers c) request
the provision of transfer services of your chosen driver.
You acknowledge that portions of the Services may be made available under
MyconosMust various brands or booking options associated with transportation.
You also acknowledge that the Services may be made available under such brands,
booking or request options by or in connection with: (i) certain of MyconosMust
subsidiaries and affiliates; or (ii) independent Third Party Providers,
including transportation network company drivers, transportation charter permit
holders or holders of similar transportation permits, authorizations or
licenses.
When rendering our services, the information that we disclose is based on the
information provided to us by the users. As such, the users are fully
responsible for informing us with their updated information and indicate
directly by themselves if they are available which is displayed on our software.
Although we will use reasonable skill and care in performing our Our App
services we will not verify if, and cannot guarantee that, all information is
accurate, complete or correct, nor can we be held responsible for any errors
(including manifest and typographical errors), any interruptions (whether due to
any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our
software or otherwise), inaccurate, misleading or untrue information or
non-delivery of information. Each user remains responsible at all times for the
accuracy, completeness and correctness of the (descriptive) information
displayed on our software. Our software does not constitute and should not be
regarded as a recommendation or endorsement of the quality, service level or
rating of any user made available.
The Services may be made available or accessed in connection with third party
services and content (including advertising) that Our App does not control. You
acknowledge that different terms of use and privacy policies may apply to your
use of such third party services and content. Our App does not endorse such
third party services and content and in no event shall Our App be responsible or
liable for any products or services of such third party providers. These third
party beneficiaries are not parties to this contract and are not responsible for
the provision or support of the Services in any manner. Your access to the
Services using these devices is subject to terms set forth in the applicable
third party beneficiary’s terms of service.
Our services are made available for personal and non-commercial use only.
Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g.
spider, scrape), display, download or reproduce any content or information,
software, products or services available on our software for any commercial or
competitive activity or purpose.
3. Fees & Payment
Our service to the passengers is free of charge. We will not charge you for our
service or add any additional (booking) fees to your ride.
You understand that use of the Services may result in charges to you for the
services you receive from a Third Party Provider (“Charges”). After you have
received services obtained through your use of the Services,Our App will
facilitate your payment of the applicable Charges on behalf of the Third Party
Provider as disclosed payment collection agent for the Third Party Provider (as
Principal). Payment of the Charges in such manner shall be considered the same
as payment made directly by you to the Third Party Provider. Charges will be
inclusive of applicable taxes where required by law. Charges paid by you are
final and non-refundable, unless otherwise determined by Our App.. Our App will
respond accordingly to any request from a Third Party Provider to modify the
Charges for a particular service.
All Charges are due immediately and payment will be facilitated as soon as
practicable by MyconosMust using the preferred payment method designated in your
Account, after which Our App will send you a notification by email. The third
party provider is obliged to issue the receipt. If your primary Account payment
method is determined to be expired, invalid or otherwise not able to be charged,
you agree that MyconosMust taxi may, as the Third Party Provider’s disclosed
payment collection agent, use a secondary payment method in your Account, if
available.
As between you and Our App, Our App reserves the right to establish, remove
and/or revise Charges for any or all services obtained through the use of the
Services at any time in Our App sole discretion. Further, you acknowledge and
agree that Charges applicable in certain geographical areas may increase
substantially during times of high demand. Our App will use reasonable efforts
to inform you of Charges that may apply, provided that you will be responsible
for Charges incurred under your Account regardless of your awareness of such
Charges or the amounts thereof. Our App may from time to time provide certain
users with promotional offers and discounts that may result in different amounts
charged for the same or similar services or goods obtained through the use of
the Services, and you agree that such promotional offers and discounts, unless
also made available to you, shall have no bearing on your use of the Services or
the Charges applied to you. You may elect to cancel your request for services or
goods from a Third Party Provider at any time prior to such Third Party
Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider
for the services provided. Our App does not designate any portion of your
payment as a tip or gratuity to the Third Party Provider. Any representation by
MyconosMust (on Our App website, in the Application, or in MyconosMust marketing
materials) to the effect that tipping is “voluntary,” “not required,” and/or
“included” in the payments you make for services or goods provided is not
intended to suggest that Our App provides any additional amounts, beyond those
described above, to the Third Party Provider. You understand and agree that,
while you are free to provide additional payment as a gratuity to any Third
Party Provider who provides you with services obtained through the Service, you
are under no obligation to do so. Gratuities are voluntary. After you have
received services obtained through the Service, you will have the opportunity to
rate your experience and leave additional feedback about your Third Party
Provider.
Our App uses a third-party payment processor (the “Payment Processor”) to link
your credit card account to our application and service. The processing of
payments or credits, as applicable, in connection with your use of the Software
will be subject to the terms, conditions and privacy policies of the Payment
Processor and your credit card issuer in addition to these Terms. Our App is not
responsible for any errors by the Payment Processor. In connection with your use
of the Software we will obtain certain transaction details, which we will use
solely in accordance with its Privacy and Cookie Notice.
Cleaning- Repair Fees
You shall be responsible for the cost of repair for damage to, or necessary
cleaning of, Third Party Provider vehicles and property resulting from use of
the Services under your Account. In the event that a Third Party Provider
reports the need for Repair or Cleaning, and such Repair or Cleaning request is
verified by Our App in Our App reasonable discretion, Our App reserves the right
to facilitate payment for the reasonable cost of such Repair or Cleaning on
behalf of the Third Party Provider using your payment method designated in your
Account. Such amounts will be transferred by Our App to the applicable Third
Party Provider and are non-refundable.
4. Privacy
Our App uses high ethical standards and respects your privacy. Save for
disclosures required by law in any relevant jurisdiction, we will not disclose
your personal information to third parties without your consent. However, we
reserve the right to disclose your personal information to our affiliated
(group) companies (in and outside the European Union), including our and our
affiliated (group) companies’ employees and our trusted agents and
representatives who have access to this information with our permission and who
need to know or have access to this information to perform our service
(including customer services and internal (audit/compliance) investigation) to
and for the benefit of you. Please have a look at our privacy policy for further
information.
5. Registration and Use of Our App Software
You can only use Our App if you have registered to do so.
Only individuals who are legally entitled may register on Our App. If you reside
in a jurisdiction which restricts the use of the Services because of age, or
restricts the ability to enter into agreements such as this one due to age, you
must abide by such age limits and you must not use the Software and Service. If
you are not legally entitled and/or have had you account suspended or canceled,
temporarily or permanently, you cannot register.
You must complete the registration form available on our software, if interested
to use our services as a passenger or as driver. The forms and applications for
passengers are different than the drivers.
By registering on Our App, you agree:
• to provide true, accurate, complete and updated information about yourself at
the registration form, and update them whenever necessary. Our App is not
obligated to monitor or control the accuracy of information provided by you. If
any information provided by you is not in accordance with these provisions or if
Our App has reasonable grounds to suspect that such information does not agree,
Our App has the right to refuse your registration, whether as passenger or as
driver, and suspend or terminate immediately, regardless of notice, the
registration of your account and refuse any and every use, present or future, of
the Our App services that require registration. In this case, you shall not be
entitled to any indemnity or compensation for the refusal, suspension or
cancellation of your registration.
• that you will not use Our App: for any unlawful purpose; in any way that
interrupts, damages, impairs or renders Our App less efficient; to transfer
files that contain viruses, trojans or other harmful programs; to access or
attempt to access the accounts of other users or to penetrate or attempt to
penetrate any security measures; to disseminate any content which is defamatory,
obscene, or may have the effect of being harassing, threatening or abusive to an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age or disability or otherwise; to advertise or
promote third party or your own products or services;
• to refrain from doing anything which we reasonably believe to be disreputable
or capable of damaging our reputation
• and acknowledge that we have limited control over the nature and content of
information and chat transmitted or received by you or other users of Our App.
Although we reserve the right to do so, we do not monitor such content in the
usual course of business and will not be liable for any such content. If you
have a complaint about another user please contact us via the app or website;
• to comply with all applicable laws from your home nation, the country, state
and city in which you are present while using the software or Our App service;
• to make payment in full to any drivers introduced to you through Our App for
any services provided by such driver to you;
• to treat drivers introduced to you through Our App with respect and not to
cause damage to their car;
• to compensate and defend us fully against any claims or legal proceedings
brought against us by any other person as a result of your breach of this
agreement.
• that the nickname or email (e.g xxx@gmail.com) that you use to register on the
Software shall not resemble MyconosMust’s company name. Also, nicknames deemed
offensive may be deleted, as well as containing a URL or email address.
• that you shall not use Our App service or software to cause nuisance,
annoyance or inconvenience
• that by accessing and using the Our App services via mobile devices, or by
using certain mobile features, you may incur fees from the provider or carrier
of the mobile services that you use (“Carrier”) and you are solely responsible
for the payment of such fees.
You are solely responsible for maintaining the confidentiality of your password
chosen by you at your registration at Our App. Our App is not responsible for
any harm resulting from disclosure of your password from yourself to third
parties or use of your password by a third party to access your account. In the
event of any unauthorized use of your account, you must immediately notify Our
App at [contact@MyconosMust.com].
The User may change at any time its registration information according to our
Privacy Policy.
When contacting a driver and requesting the provision of services, you must wait
for the response of the driver, who may accept or deny the provision of taxi
services. If the driver accepts the engagement and you want to cancel it for any
reason, you must cancel the taxi called by specific action on the software.
Users acknowledge that MyconosMust is not liable for any delays, cancellations,
failure to provide taxi services between the Passenger and Driver, nor for any
delay or failure in the provision of taxi services.
6. Prohibited Uses
Except as specifically permitted herein, without the prior written consent of
MyconosMust you agree not to: (i) use, modify, incorporate into or with other
software, or create a derivative work of any part of the Application; and (ii)
sell, license (or sub-license), lease, assign, transfer, pledge, or share your
rights under this agreement with or to anyone else; (iii) copy, distribute or
reproduce the application for the benefit of third parties; (iv) disclose the
results of any benchmarking of the application, or use such results for your own
competing software development activities; and/or (v) modify, disassemble,
decompile, reverse engineer, revise or enhance the software or attempt to
discover the software’s source code.
7. Ranking and reviews
The driver agrees that the passengers carried by him may evaluate the services
provided by him (driver and vehicle). When doing so, passengers shall be obliged
to be objective in their evaluation.
The completed passenger review may be (a) uploaded onto the relevant driver
information page on our software for the sole purpose of informing (future)
passengers of your opinion of the service (level) and quality of the driver, and
(b) (wholly or partly) used and placed by MyconosMust at its sole discretion
(e.g. for marketing, promotion or improvement of our service) on our software or
such social media platforms, newsletters, special promotions, apps or other
channels owned, hosted, used or controlled by MyconosMust. We reserve the right
to adjust, refuse or remove reviews at our sole discretion. The passenger review
form should be regarded as a survey and does not include any (further
commercial) offers, invitations or incentives whatsoever.
8. Disclaimer
By entering into this agreement and using the software or Our App service, to
the extent permitted by law, you agree that you shall defend, indemnify and hold
the company, its licensors and each such party’s parent organizations,
subsidiaries, affiliated companies, distributors, affiliate (distribution)
partners, shareholders, officers, directors, employees, representatives,
members, attorneys, licensees, agents, or others involved in creating,
sponsoring, promoting, or otherwise making available the software and its
contents harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys’ fees and costs) arising out of or
in connection with: (i) any punitive, special, indirect or consequential loss or
damages, any loss of production, loss of profit, loss of revenue, loss of
contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any
inaccuracy relating to the (descriptive) information (including personal data,
comments, and ratings) of the users as made available on our software, (iii) the
services rendered by the driver, (iv) any (direct, indirect, consequential or
punitive) damages, losses or costs suffered, incurred or paid by you (including
attorneys’ fees and costs), pursuant to, arising out of or in connection with
the use, inability to use or delay or virus of our software and/or the server
that the software is hosted, or (v) for any (personal) injury, death, property
damage, or other (direct, indirect, special, consequential or punitive) damages,
losses or costs suffered, incurred or paid by you, whether due to (legal) acts,
errors, breaches, (gross) negligence, willful misconduct, omissions,
non-performance, misrepresentations, tort or strict liability by or (wholly or
partly) attributable to the user (its employees, directors, officers, agents,
representatives or affiliated companies)(including attorneys’ fees and costs),
including any (partial) cancellation, double-booking, strike, force majeure or
any other event beyond our control (vi) any information on this software
sometimes linked to external sites over which our services have no control and
for which we assume no responsibility (vii) any user violation or breach of any
term of this agreement or any applicable law or regulation, whether or not
referenced herein.
9. Limitation of Liability
The company may introduce you to drivers for the purposes of providing
transportation. We will not assess the suitability, legality or ability of any
driver and you expressly waive and release the company from any and all
liability, claims or damages arising from or in any way related to the driver.
Responsibility for the decisions you make regarding services offered via the
software or taxi service (with all its implications) rests solely with you. We
will not assess the suitability, legality or ability of any such drivers and you
expressly waive and release the company from any and all liability, claims,
causes of action, or damages arising from your use of the software or taxi
service or Our App service, or in any way related to the third parties
introduced to you by the software or Our App service.
10. Termination
Our App may notify, suspend or terminate, temporarily or permanently, the
account of a User at any time and take appropriate legal action if: (i) the User
violates any of the representations, warranties and obligations contained in
these Terms Use or any policies and rules adjacent to it, (ii) the User
fraudulent practice or fraudulent acts, or (iii) Our App understands, in its
sole discretion, that the activities and attitudes of the User have caused or
may cause some damage to third parties or Our App. The User shall not be
entitled to any damages or compensation for the cancellation or suspension of
your account on the software.
Our App may in its sole discretion, for any reason or no reason and at any time
alter and/or discontinue providing its services, with or without notice. Our App
shall not be liable for any damage or loss caused by such an alteration/
termination of the Our App service.
You are under no obligation to use the Our App service and may simply choose to
stop using it at any time.
11. Intellectual Property
Any and all content, including but not limited trademarks, logos, symbols,
domain names, trademarks, designs, industrial designs, images, photographs,
backgrounds, icons, navigation tools, texts, among others, of the present
software or related to products and goods displayed on the software are
protected by copyright and intellectual property and are owned by MyconosMust or
third parties authorized by MyconosMust to develop activities on the software.
User agrees to respect the intellectual property rights of MyconosMust and
others and is aware that intellectual property in this software can never be
used in any manner and in any media without our prior written permission of
their owners.Our App is not liable for damages suffered by a User who has
copied, transferred, distributed or otherwise protected content used in this
software, violating rights of third parties.
The company hereby grants you a non-exclusive, non-transferable, right to use
the software and Our App service, solely for your own personal, non-commercial
purposes, subject to the terms and conditions of this agreement. All rights not
expressly granted to you are reserved by the company and its licensees.
12. Maintenance and Support
MyconosMust has no obligation to provide support, maintenance, upgrades,
modifications, or new releases under this agreement. However, Our App may from
time to time issue upgraded versions of the application, and may automatically
electronically upgrade the version of the application that you are using on your
mobile phone or on your computer. You consent to such automatic upgrading, and
agree that the terms of this agreement will apply to all such upgrades.
13. Assignment
This agreement may not be assigned by you without the prior written approval of
the company but may be assigned without your consent by the company to (i) a
parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by
merger. Any purported assignment in violation of this section shall be void.
14. Miscellaneous
These terms and conditions constitute the entire understanding between user and
Our App with respect to its object, replacing any and all instruments,
agreements, letters and/ or contracts, oral or written agreements between the
parties with respect to the subject matter described herein prior to the date of
your registration as a user. Nothing in the terms and conditions will constitute
a partnership, agency relationship, franchise relationship or contract of
employment between the parties. If any provision of these terms and conditions
is or becomes invalid, unenforceable or non-binding, you shall remain bound by
all other provisions hereof. In such event, such invalid provision shall
nonetheless be enforced to the fullest extent permitted by applicable law, and
you will at least agree to accept a similar effect as the invalid, unenforceable
or, non-binding provision, given the contents and purpose of these terms and
conditions. The failure by MyconosMust on demand at any time, to perform any
provision of this agreement will not affect in any way the right of MyconosMust
to enforce such provision thereafter. We will do our best to resolve any
disputes over this agreement. If you wish to take court proceedings against us
you must do so in Greece. These Terms of Use shall be governed by and construed
in accordance with the laws of Greece.
15. Promo Codes
MyconosMust keeps the right to issue anytime promo codes for its users. These
are coupons that are cashed in rides with Our App.
Each coupon is valid only for the limited period and expires on the date
mentioned in the offer.
Both the validity duration and the value vary and they can be amended depending
on Our App’s needs.
The users are informed separately for the value and the validity duration of
each promo, once the coupon is activated.
The coupon will not be valid until it is applied to the qualifying item.
The offer is limited to one coupon per user, thus each user has the right to
receive the relevant promo once unless it is clarified by MyconosMust that other
conditions apply.
MyconosMust keeps the right to amend or cancel promos anytime.
MyconosMust keeps the right to deactivate users’ accounts when MyconosMust
thinks that the coupons are used abusively, provided that MyconosMust has found
more than one accounts, efforts or acts for intended fraud and abuse of the
system with purpose the multiple uses of the same offer by the same user.
Each offer is unique and cannot be combined with others. As a general rule, only
one coupon can be used each time for the use of Our App services.
MyconosMust does not have any obligation for payment of any tax for the use of
any coupon.
16. Personal Data processing – Privacy Policy
Your privacy is very important to us. For more information about how we collect
and process your personal data please read our Privacy Policy which is a part of
this Agreement.
We are constantly looking for ways to improve and expand MyconosMust. We may
amend these terms from time to time. The amended terms shall be effective upon
posting. Any use after amendment constitutes acceptance of the new terms. The
updated Terms and Conditions are always available here (at MyconosMust.com).