TERMS & CONDITIONS

  1. Contractual Relationship
  2. These Terms of Use ("Terms") govern the access or use by you, an individual, from within any country in the world withoutt exceptions of applications, websites, content, products, and services (the "Services") made available by ProCabby Ltd., a private limited liability company established in Canada, having its mailing address located at PO BOX 56026, Minto Place RO, Postal code: K1R7Z1, 407 laurier ave west Ottawa, Ontario, Canada, registered with the Federal Canadian Corporations Registry Office as ("ProCabby Ltd.").

    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. AS BY USING OUR SERVICES in any format of APPLICATION, mobile application, WEB SERVICES, WEB PAGES, PAYMENT PORTALS, or any services offered by ProCabby, ProCabby LTD. Or Any of the links that landed you on procabby.com, YOU AGREE TO ALL THESE TERMS OF AGREEMENT, AND PRIVACY POLICY LOCATED FURTHER BELOW, AS WELL AS ALL OF OUR THIRD PARTY PROVIDERS TERMS AND SERVICES AND PRIVACY POLICIES

    Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ProCabby Ltd. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ProCabby Ltd. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

    ProCabby Ltd. may amend the Terms related to the Services from time to time. Amendments will be effective upon ProCabby Ltd. posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

    Our collection and use of personal information in connection with the Services is as provided in ProCabby Ltd. Privacy Policy located at https://www.ProCabby.com/legal. ProCabby Ltd. may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

  3. The Services
  4. The Services constitute a technology platform that enables users of ProCabby applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with ProCabby or certain of ProCabby’s affiliates ("Third Party Providers"). Unless otherwise agreed by ProCabby Ltd. in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT ProCabby LTD. DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY ProCabby LTD. OR ANY OF ITS AFFILIATES.

  5. Your Use of the Services
  6. Payment
  7. Disclaimers; Limitation of Liability; Indemnity
  8. Governing Law; Arbitration
  9. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Canada, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules ("ICC Mediation Rules"). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce ("ICC Arbitration Rules"). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Ottawa, Ontario, Canada, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case you will be responsible for obtaining the proper help in transaltion and legal services, in attending the mediation and/or arbitration for it to be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from ProCabby Ltd.: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

  10. Other Provisions

PRIVACY POLICY

This privacy notice discloses the privacy practices for ProCabby Ltd. ProCabby.com and every site pointing and redirecting to Procabby.com. The Sites recognized as legitimate sites belonging to Procabby Ltd. are, bestcab.ca, bestcab.taxi, brocaby.com, clickonecab.com, clickselectcab.com, otaxi.express, otaxi.limo, procabbie.ca, procabbie.com, pro-cabbie.com, procabbie.info, procabby.ca, procabby.com, pro-cabby.com, procabby.info, procabby.org, procabie.com, pro-cabie.com, pro-caby.com, procaby.website, selectonecab.ca, selectonecab.express, takeonecab.com, takeonecab.ca, takeonecab.express, takeonecab.taxi

This privacy notice applies solely to information collected by this target website. It will notify you of the following:

Information Collection, Use, and Sharing:

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you via our mobile app, or our web interface. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order, complete a transaction, complete your order, potential consultants that will assist our teams in the further development of our platform, in short we will not share your information unless it is crucially beneficial for the purpose of the success of our platform.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information:

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email or by mail at the address given below:

Contact: ProCabby Management Team
Email: Management@ProCabby.com
Address: Minto Place RO, 407 laurier ave west,
Postal code: K1R7Z1
PO BOX 56026

See what data we have about you, if any.

Security:

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. However by accepting the use of our Website and mobile application you accept to not hold ProCabby Ltd. or any of its staff, partners or affiliates liable to any loss of data, due to a breach in security that was unavoidable for ProCabby Ltd. or any of its staff.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. Our mobile application has been tested and program to transmit any sensistive data in an encrypted way in order to keep your data safe.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure, locked environment, with limited access to only security cleared consultants or personel, or founding partners.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at Management@Procabby.com with the subject Terms and Conditions - Breach - urgent request., and we will attempt to respond within the first 48 hours of receiving your Email.

Registration:

In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address, credit card information). This information is used to complete transactions on our site, or through our application, or to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender) about yourself, but it is not required.

Orders:

We request information from you on our order form. To order a service through us, you must provide contact information (like name and current address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Cookies:

We use "cookies" on this site. We use Cookies to maintain open sessions, and allow you to complete transactions in a smooth transition. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners or providers may use cookies on our site (for example banking providers, or gateways). However, we have no access to or control over these cookies.

Sharing:

We share aggregated demographic information with our partners and advertisers. It may be required when completing Credit card entries and verifying credit cards during a transaction, other related purposes may be the requirement, and potentially different requirements will require us to share this information. We will not share your information however, with any third party company or organization that has a no need to access the information, and any of this sharing of information must be internally approved by our Internal Management Team.

We also use providers to fulfil requests, a credit card processing company to bill users for goods and services. Please review the terms and conditions of the Stripe platform that we use to complete our transactions. By agreeing to this Terms and Conditions you accept that you have read the Terms and Conditions set by our provider and accept to obide by all these terms.

We partner with other parties (such as Google, Stripe, Twillio, etc.) to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services according to our aim in partnering with these providers however, and although we partner with reputable companies and we do our best to vet the reputation of these companies before partnering and integrating their services in our applications, we cannot control their use of your information and you agree that you will not hold Procabby Ltd., it’s employees or any of it’s affiliates, liable for any such use.

Links:

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests:

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip or postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site, and ProCabby Ltd. in general.