Last modified: December 20, 2016
Please read these terms and conditions carefully before using the artranzit platform as they govern your access and use of the platform, application and other services provided by artranzit. By using the platform you are deemed to have accepted these terms and conditions which constitute a legally binding agreement between you and Artranzit Inc. and/or any third party that you may legally represent.
Artranzit Inc. (“Artranzit”, “we”, “us” or “our”) provides its Service (as defined below) to you, subject to this Terms & Conditions Agreement (“T&C”). By accepting this T&C or by accessing or using the Services or our website located at http://www.artranzit.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this T&C. If you are entering into this T&C on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this T&C, in which case the terms “you”, “your”, “user”, or “client” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this T&C, you must not accept this T&C and may not use the Service.
We reserve the right, at our sole discretion, to change or modify portions of this T&C at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new T&C.
1. Copyrights & TrademarksUnless otherwise noted, all materials including without limitation, inventions, know how, potential patentable business methods and material, logos, brand names, images, designs, photographs, video clips, written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Artranzit. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Artranzit aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Artranzit may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Artranzit. Artranzit prohibits use of any logo of Artranzit or any of its affiliates as part of a link to or from any Website unless Artranzit approves such link in advance and in writing. Fair use of Artranzit’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
2. We are not a transportation company
User acknowledges and agrees that the Artranzit service is a technology platform that provides instant price quotes and enables access to request on-demand shuttle transportation provided by independent fine art transportation providers. Artranzit is not a transportation provider. The transportation services are owned, controlled or made available by third parties (the “Service Providers”). The Service Providers are responsible for the transportation services. The Service Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Your interaction with any Service Provider accessed through our Website is at your own risk and Artranzit does not have any responsibility should anything go wrong during the transportation of your cargo. Artranzit does not guarantee availability of transportation, on-time arrivals or departures thereof, or any other services levels related to independent transportation providers that may be obtained via the Artranzit Service.
The display on our website of a Service Provider does not in any way imply, suggest, or constitute a recommendation by Artranzit of that Service Provider, or any sponsorship or approval or Artranzit by such Service Provider, or any affiliation between such Service Provider and Artranzit.
3. Price Quote Guarantee
3.1. Artranzit provides actual price quotes on its Compare + Choose Page. As long as the details or requested services of your confirmed booking do not change, you will not incur additional charges.
3.2. Additional charges will occur only in the event of any of the following: a) Crate dimensions are larger than what you have provided at the time of booking; b) location details that add cost to the Service were not accurate; c) You add additional Service(s); d) You add additional pick up or drop off location(s); e) You add additional crates and/or boxes after the original booking; f) your cargo was over the maximum weight accepted by the Service Provider for a shuttle service. If any of the aforementioned events take place after your confirmed booking, the Service Provider will invoice you directly for the extra charges.
3.3 By creating an account on Artranzit you agree to provide and maintain true, accurate, current and complete information about yourself as prompted on the registration page. You acknowledge and agree that in order to receive accurate instant quotes, you are required to enter accurate and complete information about your shipment, including any additional stops and cargo details. Artranzit is not responsible for any quotes that were generated with incorrect information on the search page.
4. Booking Changes and Cancellation
4.1. We understand that sometimes plans change so we do not charge any change-fees. However, depending on the type of change you make it may require additional invoicing by the Service Provider as explained above in section 2.2. You can make any required changes to your booking via Artranzit at any time up to 8 days prior to your shipping. At less than 8 days, you must request any changes directly to the Service Provider using the contact information provider to you by Artranzit.
4.2. Shuttle-on-demand depends on a volume system that is booked on line fast. Once the space has been booked there is not much time for us to sell it to someone else. For this reason we can only offer you a free 48-hour cancellation window. After that the Service Provider’s Cancellation Policies will apply.
5.1. Artranzit does not collect payment in advance. However, we do require a valid credit card to book your shipping. The full amount of your booking will only be deducted from your credit card after the delivery of your shipment.
5.2. Unwarranted chargebacks or payment reversals initiated by you without the prior knowledge of Artranzit are prohibited and may result in the suspension of your Artranzit account, and may result in Artranzit pursuing any and all options at its disposal to collect the withdrawn funds.
5.3 In the event that a chargeback is warranted, such as when you feel that your card has been charged fraudulently, prior to any chargeback initiation, you must notify Artranzit so that we may investigate the claim to determine if a chargeback is appropriate.
6. Post Transaction Rating
After each completion of your transaction, Artranzit will ask for your feedback on your experience and to rate the service quality you received from the Service Provider. Our feedback process has been designed to not take more than one minute of your time. Your answers will be automatically entered into our Service Provider proprietary post-transaction-rating algorithm that will determine any adjustments to the current rating of the Service Provider. Your feedback will allow Artranzit to maintain current and accurate ratings that will help all Artranzit users make better decisions when selecting a Service Provider.
7. General Requirements & Prohibitions
You may only use and register an account on our website if you are of sufficient legal age (18 years of age and older) and can enter into binding agreements. You agree to:
In addition, you agree not to do any of the following:
Our Website may contain links to Websites owned or operated by parties other than Artranzit. Such links are provided for your reference only. Artranzit does not monitor or control outside Websites and is not responsible for their content. Artranzit’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Artranzits’ inclusion of the links imply that Artranzit is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARTRANZIT PROVIDES THE ARTRANZIT SERVICE AND ARTRANZIT APPLICATION “AS IS” AND WITHOUT WARRANTY. ARTRANZIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ARTRANZIT SERVICE AND ARTRANZIT APPLICATION WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE ARTRANZIT SERVICE OR ARTRANZIT APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. ARTRANZIT HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE ARTRANZIT SERVICE OR THE ARTRANZIT APPLICATION, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
IN NO EVENT SHALL ARTRANZIT OR CLIENT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF ARTRANZIT OR CLIENT (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Governing Law
This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the internal laws of the State of Florida, without regard to its principles regarding conflict of laws. In the event of any litigation between the parties related to this Agreement, the parties agree to submit to personal and exclusive jurisdiction for such action in the State Courts for the County of Miami Dade, Florida or the United States District Court for the Southern District of Florida.
12. Class Action Waiver
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Miami Dade County, Florida.
13. Force Majeure
Nonperformance of either party under this Agreement shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
This Agreement is not transferable and may not be assigned by Customer, in whole or in part, without the prior written consent of Uber, provided that Customer may assign this Agreement without such consent, but with notice to Uber, in connection with a merger or a sale of all of the equity or assets of Customer. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.
16. Attorney’s Fees
In any litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this Agreement.
Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
Updates to Our Terms & Conditions: We may update this User Agreement periodically to reflect changes in our personal information practices or relevant laws or, as a new company, as we grow and design innovative tools. To notify you of any changes that we make, we will post the updated version on www.artranzit.com and indicate at the top of the Privacy Notice when it was last updated.
How to Contact Us: If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you, please contact us at firstname.lastname@example.org