These terms and conditions (as amended from time to time, the “Terms and Conditions”) govern the manner in which Obba Ltd (or businesses that are legally part of the same group of companies or that become part of that group (“Affiliates”, Obba Ltd and Affiliates together referred to as “Cabbie”, “we” or “us”) provides the services offered by Cabbie via the website www.Cabbie.co to the user (“Cabbie driver” or “you”).
Definitions
Cabbie Services: The Cabbie website https://cabbie.work and any additional websites and/or applications offered by Cabbie that may be used by the Cabbie driver to contact a User for the purpose of service in accordance with the Cabbie Services agreed separately between the Cabbie driver and the User, in which Cabbie acts as an intermediary in respect of the relevant services.
Cabbie driver: A qualified Cabbie driver offering Cabbie Services to the User via the Cabbie Services.
User: An individual using the Cabbie Services to contact a Cabbie driver in order to agree on Cabbie Services.
Cabbie Services: The Cabbie and related services offered and advertised by the Cabbie driver via the Cabbie Services, including relevant information about the duration of the service, activities, and any additional services offered by the Cabbie driver.
User Generated Content: communications, images, sounds, and all the material, data, and information that is uploaded or transmitted through the Cabbie Services, including all contents that a Cabbie driver or User posts, uploads, published, submits, or transmits via the Cabbie Services.
Acceptance of the Terms
When using or accessing the Cabbie Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions contain the entire understanding between Cabbie and the Cabbie driver and supersede all prior and simultaneous agreements between you and Cabbie. Please read these Terms and Conditions carefully before using the Cabbie Services.
You further agree and understand that that any processing of personal data is subject to Cabbie’s Privacy Policy (available here).
You agree and understand that Cabbie’s Privacy Policy is an essential part of these Terms and Conditions.
Cabbie reserves the right, at its sole discretion, to change, modify, add or delete any parts of these Terms and Conditions and its Privacy Policy at any time to reflect changes in relevant laws and regulations and any other circumstances which are reasonable in Cabbie’s opinion.
In case Cabbie modifies these Terms and Conditions, Cabbie shall make the updated Terms and Conditions available to you via the Cabbie Services. The most recent Terms and Conditions shall apply to all use of the Cabbie Services, including any orders made after an updated Terms and Conditions are made available via the Cabbie Services.
Contact Information
Obba Ltd
Kaisaniemenkatu 13 A, 00100 Helsinki
Business ID: 2664004-9
Telephone: +358403527725
E-mail: hello@Cabbie.co
Description of Services
Cabbie is the provider of an international Cabbie platform, which connects User who want to look for Cabbie and related services with their favorite Cabbie driver. Cabbie acts as an intermediary in respect of the Cabbie Services on behalf of the Cabbie drivers to Users.
The Cabbie Services enable User to find local Cabbie drivers in various towns and cities based on their preferences. Meanwhile, it enables Cabbie drivers to offer their Cabbie Services and expertise to attract potential clients.
Each Cabbie driver has its own page (used as a portfolio) with detailed information about themselves, their experience, services and prices. User can contact suitable Cabbie drivers by sending message to the relevant Cabbie drivers via the Cabbie Services. After the User and a Cabbie driver agree on the Cabbie Services, User can make order with chosen Cabbie driver via Cabbie Services.
The Cabbie Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage. Cabbie does not warrant that you will be able to access or use the Cabbie Services at the times or locations of your choosing, that the Cabbie Services will be uninterrupted or error-free, that defects will be corrected, or that the Cabbie Services are free of viruses or other harmful components.
The Cabbie driver expressly acknowledges and agrees that Cabbie does not provide the Cabbie Services offered by the Cabbie driver and is in no way responsible for the Cabbie Services.
Cabbie rejects any responsibility for the Cabbie Services offered by the Cabbie driver and shall not be held liable for any dissatisfaction that the User may have with respect to the Cabbie Services. The Cabbie driver is solely responsible for the Cabbie Services.
The Cabbie driver further expressly agrees to comply with these Terms and Conditions during each step concerning the Cabbie Services, including advertising, communication, performance, and fees.
Use of the Cabbie Services
Subject to your agreement and continuing compliance with these Terms and Conditions, Cabbie grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Cabbie Services to contact the User via the Cabbie Services and to offer Cabbie Services to User. You agree not to use the Cabbie Services for any other purpose than expressly agreed herein.
Any use of the Cabbie Services in violation of these Terms and Conditions is strictly prohibited and can result in the immediate revocation of your right to use the Cabbie Services. Cabbie reserves the right to present any claims under applicable law in case of a violation of these Terms and Conditions.
The following restrictions apply to the use of the Cabbie Services:
You shall not sell, rent or give away your account details, create an account using a false identity or information, or on behalf of someone other than yourself.
You shall not use the Cabbie Services if you have previously been removed, banned or blocked from the Cabbie Services by Cabbie.
You expressly agree that you will not, under any circumstances:
Engage in any act that would reasonably be in conflict with the spirit or intent of the Cabbie Services or these Terms and Conditions or make improper use of the Cabbie Services and any support services offered by Cabbie, including sending chain letters, junk or spam e-mail or repetitive messages to anyone.
Use automation software, bots, hacks, mods or any unauthorized 3rd-party software designed to modify or interfere with the Cabbie Services or in any other way disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Cabbie Services.
Attempt to gain unauthorized access to the Cabbie Services, accounts registered to other Cabbie drivers or to the computers, Servers, or networks connected to the Cabbie Services by any means other than the user interface provided by Cabbie, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Cabbie Services.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Cabbie employees and Cabbie’s service representatives, other Cabbie drivers or Users using the Cabbie Services.
Make available through the Cabbie Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an Cabbie employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Cabbie Services or any Cabbie service, or to obtain any information from the Cabbie Services using any method not expressly permitted by Cabbie.
Solicit or attempt to solicit personal information from other Users of the Cabbie Services or Cabbie drivers or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Cabbie Services.
Cabbie reserves the right to determine what conduct it considers to be in violation of these Terms and Conditions or otherwise outside the intent or spirit of these Terms and Conditions. Without limiting any other remedies, Cabbie may limit, suspend, terminate, modify, or delete accounts or access to the Cabbie Services or portions thereof if you are, or Cabbie suspects that you are, failing to comply with any of these Terms and Conditions. Cabbie is under no obligation to compensate you for any losses due to such termination. Cabbie also reserves the right to terminate any account that has been inactive for 365 days.
By transmitting or submitting any User Generated Content while using the Cabbie Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Generated Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Cabbie in accordance with its Privacy Policy.
Cabbie reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Generated Content without notice for any reason at any time. Cabbie assumes no responsibility for the conduct of any user submitting any User Generated Content, and assumes no responsibility for monitoring the Cabbie Services for inappropriate content or conduct. Cabbie does not, and cannot, pre-screen or monitor all User Generated Content. Your use of the Cabbie Services is at your own risk. By using the Cabbie Services, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Cabbie Services.
Login Information
When registering for the Cabbie Services, you will be required to provide a username, email address and a password (“Login Information“). You shall not share the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Login Information, you shall contact Cabbie immediately.
You are solely responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of the Login Information, including any sale of Cabbie Services, whether or not authorized by you. You are responsible for anything that happens through your account. The Cabbie Services support one account login at the same time on the same device.
As a Cabbie driver, you may create User Generated Content. To this end, you will be asked a variety of questions about the Cabbie Services to be listed, including, but not limited to yourself, your accomodation and pets (if relevant), the type of the Cabbie Services and pricing. The User Generated Content that you create will be made publicly available via the Site, except for your personal contact information such as detailed address, phone number, email and social security number.
Users will be able to book your Cabbie Services via the Site based upon the information provided in your page. You understand and agree that once a User books your Cabbie Services, the price for such Cabbie Services may not be altered. Cabbie reserves the right to remove or reclaim any usernames or deny your access to any User Generated Content at any time and for any reasons, including but not limited to claims by a third party that a username violates the third party’s rights.
Termination of the Cabbie Services
Cabbie reserves the right to stop offering and/or supporting the Cabbie Services or a part of the Cabbie Services at any time, at which point your right to use the Cabbie Services or a part thereof will be automatically terminated. In such event, Cabbie shall not be required to provide refunds, benefits or other compensation to Cabbie drivers in connection with such discontinued Cabbie Services. Any User Generated Content may be deleted in connection with such termination of the Cabbie Services
You may terminate your account at any time and for any reason by following the process described on our support page to inform Cabbie that you wish to terminate your account.
Ownership of the Cabbie Services and any User Generated Content
All rights, title and interest in and to the Cabbie Services are owned by Cabbie. Cabbie reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in the Cabbie Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Cabbie.
Cabbie does not claim any ownership rights in your User Generated Content and nothing in these Terms and Conditions is intended to restrict any rights that you may have to use and exploit your User Generated Content. You shall retain your ownership of your User Generated Content.
However, you hereby grant to Cabbie, including any Affiliates, an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, transfer, transmit, publicly display, publicly perform, or provide access to electronically, communicate to the public by telecommunication, enter into computer memory, and use in any way, your User Generated Content as well as all modified and derivative works thereof for the purpose of and in connection with the provision of the Cabbie Services, including marketing and promoting the Cabbie Services.
Notwithstanding the foregoing, Cabbie shall not use any User Generated Content for marketing purposes, without the prior written consent of the User and the Cabbie driver.
You also hereby grant to Cabbie and any Affiliates the right to authorize others to exercise any of the rights granted to Cabbie and any Affiliates under these Terms and Conditions.
Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Generated Content, regardless of whether your User Generated Content is altered or changed in any manner. Cabbie has no obligation to monitor or enforce your intellectual property rights in or to your User Generated Content.
Payment of the Cabbie Services and Applicable Expenses
Any Cabbie Services reserved, ordered or purchased by Users via the Cabbie Services are paid to Cabbie drivers directly. If users pay for Cabbie first, Cabbie will release the payment for the Cabbie Services to the Cabbie driver, less a service fee of zero (0), percent within three (3) days from the date when the Cabbie driver has provided to the User all products and services included in the Cabbie Services as agreed with the User.
When a reference is made to the duration of the Cabbie Services, it shall mean the duration of the service included in the Cabbie Services from the first day of the Cabbie Services until the final day of the service included in the same Cabbie Services.
Any additional travel expenses incurred by the Cabbie driver in connection with the Cabbie Services, such as taxi rides from the Cabbie driver’s location to the User’s location, shall be paid by the User and will be added to the balance payable by the User. The User is responsible for expense incurred beyond the service description, unless otherwise agreed with the Cabbie driver. All prices are displayed in euros (EUR) and are inclusive of VAT. The Cabbie driver shall be solely responsible for any applicable taxes, such as VAT and other payments, related to the Cabbie Services.
Changes to the Cabbie Services
The User and/or the Cabbie driver must notify Cabbie immediately of any changes to the Cabbie Services, including changes to the schedule or location of the services included in the Cabbie Services before the Cabbie Services are performed.
Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt will be sent back by Cabbie via email.
Refunds and Cancellations
User can cancel the ordered Cabbie Services 30 mins before the scheduled date of the Cabbie Services without being entitled to any penalty. In case the User cancels the Cabbie Services after a part of Cabbie Services is performed, the User shall only pay for performed part of the Cabbie Services according to the Cabbie Services’ price. The rest of the Cabbie Services which is not performed will be cancelled without any fee.
After the Cabbie driver confirm the order of Cabbie Services from User, the Cabbie driver cannot cancel the Cabbie Service order. In the event that the Cabbie driver will not be able to provide or continue to provide the Cabbie Services, it is the Cabbie driver’s sole responsibility to find a qualified substitute Cabbie driver and immediately notify Cabbie and the User by either making a phone call or sending email to Cabbie’s customer support.
If the fulfilment of the Cabbie Services have been prevented due to a reason solely attributed to Cabbie, Cabbie shall transfer the payment for the Cabbie Services to the Cabbie driver, less a service fee of 8% as described above.
Failure to Perform
The Cabbie driver expressly understands and agrees that due to the limited and subjective nature of the Cabbie Services, Cabbie cannot be held responsible or liable for the Cabbie driver’s failure to perform in any way in accordance with the Cabbie Services offered by the Cabbie driver or any changes to the Cabbie Services. The Cabbie driver shall remain solely responsible for the Cabbie Services.
If the fulfilment of a contractual obligation of Cabbie has been prevented due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes that Cabbie could not have foreseen or prevented, it is deemed to be a matter of force majeure. Cabbie shall inform the Cabbie driver of the force majeure event as soon as possible.
No obligation for compensation will arise from a failure to fulfil a contractual obligation from the time of the force majeure. If the fulfilment of Cabbie’s obligations is prevented for thirty (30) days due to a force majeure event, the Cabbie driver is entitled to terminate its use of the Cabbie Services and obligations under these Terms and Conditions with immediate effect.
Non-Employment and No Insurance
The Cabbie driver acknowledges and agrees that it shall provide the Cabbie Services as an independent entrepreneur to the User. Nothing herein contained shall be deemed to create an employment contract or similar relationship between Cabbie and the Cabbie driver.
Cabbie does not provide any type of insurance to the Cabbie driver. The Cabbie driver is solely responsible for obtaining and maintaining adequate and appropriate insurance when performing the Cabbie Services offered to the User. The Cabbie driver shall provide the Cabbie Services at its own risk and Cabbie shall not be liable for any loss, damage, injury or death which arises during or as a result of any travel, work or other action undertaken by the Cabbie driver in connection with the Cabbie Services.
As a Cabbie driver, you acknowledge and agree that neither Cabbie nor pet’s owner(s) have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a guest pet, and you hereby agree not to seek any such reimbursement or other damages from Cabbie or a user in the event of any such property damage.
Limitation of Liability and Indemnification
Cabbie shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms and Conditions or the Cabbie Services, whether based on contract, tort or any other legal theory, and whether or not Cabbie has been advised of the possibility of such damages.
The maximum amount payable by Cabbie to you for whatever reason shall be the total amount you have paid to Cabbie in accordance with these Terms and Conditions. You acknowledge and agree that if you have not paid anything to Cabbie, your sole remedy (and Cabbie’s exclusive liability) for any dispute with Cabbie is to stop using the Cabbie Services and to terminate your account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Cabbie may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Cabbie’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Cabbie harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Cabbie Services, or any breach by you of these Terms and Conditions, however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
Severability
You and Cabbie agree that if any portion of these Terms and Conditions or of the Cabbie Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Assignment
Cabbie may assign or delegate its rights and/or obligations under these Terms and Conditions and/or the Cabbie Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and Conditions or Privacy Policy without Cabbie’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
No Waiver
The failure of Cabbie to require or enforce strict performance by you of any provision of these Terms and Conditions or the Cabbie Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Cabbie’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Cabbie of any provision, condition, or requirement of these Terms and Conditions or the Cabbie Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by Cabbie shall be deemed a modification of these Terms and Conditions nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Cabbie.
Notices
Cabbie may notify you via https://cabbie.work and via e-mail or any other means by using the contact information you have provided. All notices given by you or required from you under these Terms and Conditions or the Cabbie Privacy Policy shall be in writing and addressed to: hello@cabbie.work or by regular mail to Obba Ltd. Attn: Legal, Kaisaniemenkatu 13 A, FI-00100 Helsinki, Finland. Any notices that you provide without compliance with this section on notices shall have no legal effect.
Jurisdiction and Dispute Resolution
These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Finland.
If a dispute arises between you and Cabbie, we strongly encourage you to first contact us directly to seek a resolution by contacting our user support at hello@cabbie.work.
Any disputes regarding these Terms and Conditions are primarily settled through negotiations, or if a settlement cannot be reached within thirty (30) days, any disputes regarding these Terms and Conditions shall be settled at the Helsinki District Court, Finland.