Last updated September 2021
Prior to the downloading of the W.R.Neals Xpress Application (App) or accessing W.R.Neals Xpress's proprietary website www.W.R.Neals Xpressny.com(Site) for the purpose of accessing chauffeured ground transportation services (Service) please read this document carefully. The terms and conditions contained herein constitute a legal agreement (Agreement) between you (the Customer) and W.R.Neals Xpress Limousine Plus, Inc. (W.R.Neals Xpress), a North Carolina State corporation, headquartered at 3201 Westbury Lake Drive Charlotte NC 28269. Use of the Service, App and/or the Site indicates that the Customeraccepts the Agreement as presented. Further W.R.Neals Xpress reserves the right to modify the terms and conditions of the Agreement; Any such changes will be published on the App and/or Site and become effective immediately. It is the Customer's responsibility to review the terms and conditions of service periodically. Continued use of the App and/or Site to obtain Service after any changes or modifications are effected shall constitute the Customer's consent to such changes.
Cost of Service & Ancillary Chargers
The Customer agrees that the cost of any services provided by W.R.Neals Xpress will be as listed in the W.R.Neals Xpress Rate Book. W.R.Neals Xpress may change the Rate Book or parts thereof at any time upon 30 days notice to the Customer.
In addition to the basic fare the Customer agrees to pay all ancillary charges necessary in providing service, including but not limited to wait time, tolls, stops, service charge, fuel surcharge, and state or local taxes or surcharges. Descriptions and schedules of all ancillary charges are listed in the W.R.Neals Xpress Rate Book.
Any changes to credit card status including updated expiration date need to be updated in the account profile. If settlement of charges cannot be settled within 30 days, late payments are subject to interest charges added in the amount of two percent per month.
Liability for Property
The Customer agrees and acknowledges that neither W.R.Neals Xpress nor the franchisee shall be liable in any way for any packages, parcels, suitcases, briefcase or item given to the driver or placed in the driver's car.
Customer Obligation to Inform
The Customer acknowledges that W.R.Neals Xpress has relied upon the statements of the Customer made in this Agreement in allowing the Customer to be serviced by W.R.Neals Xpress and for the credit terms contained herein. The Customer shall immediately inform W.R.Neals Xpress of any change in any of the information contained in this Agreement.
Accuracy of Information
The persons/entities guarantee that all information contained herein is completely true, accurate and not misleading and that the terms, conditions, covenants will be complied with by the corporation, its officers, directors, agents and employees in their entirety.
The Customer agrees to submit any questions on invoicing within 60 days from date of credit card charge by W.R.Neals Xpress.
By using the W.R.Neals Xpress App and/or Site the Customer expressly represents and warrants that the Customer is legally entitled to obtain the Service provided.The Customer shall not use the App and/or Site if the Customer's residence is in a jurisdiction that restricts the use of the App and/or Site and any Service secured because of age restriction (persons under the age of 18). By using the App and/or Site, the Customer represents and warrants that the Customer is at least 18 years old. By using the App and/or the Site, the Customer represents and warrants that the Customer has the right, authority and capacity to use the App or Site and to abide by the terms and conditions of this agreement of use. The Customer represents and warrants that participation in procuring Service obtained through the App and/or Site is for the Customer's sole, personal use. The Customer may not authorize others to use the Customer's status, and the Customer may not assign or otherwise transfer the Customer's access to any other person or entity. When using the App and/or Site the Customer agrees to comply with all applicable laws from the Customer's home nation, the country, state and city in which the Customer is present while using the App Or Site.
It is the responsibility of the Customer to possess the compatible technology to download the App or to access the Site. The Customer may obtain Service only using authorized means. W.R.Neals Xpress reserves the right to terminate this Agreement should the Customer be accessing Service through the App and/or Site with an incompatible or unauthorized device.
By using the App and/or Site, the Customer hereby acknowledges that:
W.R.Neal's Xpress will not be liable under any circumstances for damage caused to the Customer's device or software;
W.R.Neals Xpress reserves the right to withdraw or amend the service it provides on the site without notice; and
W.R.Neal's Xpress will not be liable if for any reason the Site is unavailable at any time or for any period
By using the App or Site, the Customer agrees that:
The Customer will not impair the proper operation of the App, Site or network of Services provided;
The Customer will not try to harm the App, Site or network of Services provided in any way whatsoever;
The Customer will not use the App or Site to cause nuisance, annoyance or inconvenience;
The Customer will only use the App or Site for lawful purposes;
The Customer will not use the App or Site for sending or storing any unlawful material or for fraudulent purposes;
The Customer will not copy, or distribute the App or Site or any content of the same without written permission from W.R.Neals Xpress;
The Customer will only use the App or Site or Services obtained through the App or Site for the Customer's personal use only and will not resell it to a third party;
The Customer will keep secure and confidential the logon password or any identification which allows access to the App or Site;
The Customer is responsible for restricting access to the Customers handheld device and/or computer where appropriate;
The Customer will provide W.R.Neals Xpress with whatever proof of identity we may reasonably request;
The Customer will only use an access point or wireless data account which the Customer is authorized to use;
The Customer is aware that when requesting transportation services by SMS, standard messaging charges will apply.
Use of the App or the Site does not entitle the Customer to:
Download (other than page caching) or modify the Site, or any part of it, except with the express written consent of W.R.Neals Xpress;
Use the Site or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of W.R.Neals Xpress;
Collect and use of any product listings, descriptions or prices;
Use of data mining robots or other data gathering/extraction tools;
Attempt or assist anyone to attempt to reverse engineer, decompile, disassemble, adapt,modify, copy, reproduce, sub-license, make available to the public, create any derivative works from, distribute, commercially exploit, transmit or otherwise use the Site , or any part of it, in any way.
Periodically, W.R.Neals Xpress may restrict access to some parts of the App or Site, or the entire of either, to Customers who have registered with W.R.Neals Xpress.
Intellectual Property Ownership
W.R.Neals Xpress is the owner or the licensee of all (registered and unregistered) intellectual property rights in the App and Site, in the material published on it other than any third party intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Application or the Service. Those works are protected by copyright laws,trademark laws and treaties around the world. All such rights are reserved.
W.R.Neals Xpress shall own all right, title and interest, including all related intellectual property rights, in and to the App, Site and distribution of the Service and this Agreement is not a sale and does not convey to the Customer any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the W.R.Neals Xpress. The W.R.Neals Xpress name, the W.R.Neals Xpress logo, and the product names associated with the App and Site are trademarks of W.R.Neals Xpress and no right or license is granted to use them.
Customers may print copies, and may download extracts, of any page(s) from the App or Site solely for personal reference. Customers must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and Customers must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Customers may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or contents of the site without W.R.Neal's Express permission.
In the event that a Customer signs up for a particular service that requires registration, W.R.Neals Xpress may request the Customer to provide personal information. If this information is utilized in a manner different than the purpose for which it was collected, please contact W.R.Neals Xpress immediately and inform us as it is an oversight rather than intentional. Telephone W.R.Neal's Xpress Customer Service at 704-858-0105 or email us at email@example.com.
Other than information stored locally on the Customers own devices, all personal Customer information provided to and held by W.R.Neals Xpress, including name, email address and credit card or Charge Account methods is maintained in encrypted form on secured servers configured to the PCI Data Security Standard (DSS),developed for merchants by the PCI Security Standards Council to ensure continued protection for credit cards. By using W.R.Neals Xpress's Services or registering, downloading information or entering the App or the Site the Customer consents to the processing (collecting, using, disclosing, retaining or disposing of personal data) of Customer information under the terms of this policy.
IP Addresses and Cookies
W.R.Neals Xpress may collect information about the Customer's computer and/or the Customer's mobile telephone device, including where available the Customers IP address, operating system and browser type, for system administration.. This is statistical data about W.R.Neals Xpress's Customers' browsing actions and patterns, and does not identify any individual.
W.R.Neal's Xpress will not share personal information with other companies or individuals outside of W.R.Neals Xpress unless we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of W.R.Neals Xpress, its Customers or the public as required or permitted by law.
W.R.Neals Xpress may share with third parties certain pieces of aggregated, non-personal information, such as the number of Customers who traveled from or to a particular place, for example, or how many Customers clicked on a particular offer. Such information does not identify the Customer individually.
Access to Information
The Data Protection Act 1998 (the "Act") gives the Customer the right to access information held about the Customer. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of US $25.00 to meet W.R.Neals Xpress's costs in providing you with details of the information it holds about you. W.R.Neals Xpress also asks that you provide it with two forms of photographic identification so that it can verify your identity. W.R.Neals Xpress will use reasonable efforts to supply, correct or delete personal information about the Customer On its files. W.R.Neals Xpress shall endeavor to respond as soon as practicably possible within the statutory period of 40 days from receipt of the request and fee.
In as much as W.R.Neals Xpress has developed a Google Maps (Maps) API implementation for use by other Customers in obtaining from W.R.Neals Xpress chauffeured ground transportation services, W.R.Neals Xpress agrees to adhere to the following:
Attribution to Google
W.R.Neals Xpress agrees that content provided to W.R.Neals Xpress through the Google Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google. When Google provides this attribution, W.R.Neals Xpress will display it as provided through the Google Service or as described in the Maps APIs Documentation and will not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
W.R.Neals Xpress agrees to include and display the "powered by Google" attribution (and/or any other attribution(s) required by Google as described in the Maps APIs Documentation) conspicuously on the page, in close proximity and adjacent to the Service search box and Google search results. If W.R.Neals Xpress uses the standard Google search control, or the standard Google search control form, this attribution will be included automatically, and W.R.Neals Xpress agrees not to modify or obscure this automatically-generated attribution
W.R.Neals Xpress understands and agrees that Google has the sole right and discretion to determine whether W.R.Neals Xpress's attribution(s) are in compliance with the above requirements.
Failure to Comply
W.R.Neals Xpress shall have the right to suspend service to the Customer without notice if the Customer does not comply with any terms or conditions of this Agreement.
If W.R.Neals Xpress does not elect to pursue a remedy for one or more occasions this shall not be deemed to be a waiver of W.R.Neals Xpress's right to pursue the same remedy at some time in the future.
This contract shall be deemed to be a contract made under the laws of the State of North Carolina and shall be construed and enforced and governed by the laws of said state.
Both parties hereto agree that service upon them of any papers or notices for litigation or any other purposes by certified mail return receipt requested shall be deemed to be the same as if that person had been personally served in the City of North Carolina on the date of mailing.
This contract expresses the entire understanding between the parties and all other understandings, conversations, and contracts are hereby merged herein. This contract may not be modified, except in writing, agreed to and signed by all the parties hereto.