TERMS AND CONDITIONS
These
Terms and Conditions, dated as of the date that the Terms and Conditions are
electronically accepted by you (the “Effective Date”), constitute a legally
binding agreement (the “Agreement”) between you (“Customer,” “you,” or “your”) and
PROMPT CARE TRANSPORT LLC, a Florida limited liability company, with an office
located at 26347 Explorer Road, Punta Gorda, Florida 33983, its parents,
subsidiaries, representatives, affiliates, officers and directors
(collectively, “Prompt Care Transport”), governing your use of the Prompt Care
Transport services.
NOW,
THEREFORE, in consideration of the mutual covenants and agreements hereinafter
set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, you agree as follows:
1.
Applicability.
1.1 This Agreement, together with any
documents incorporated herein by reference, constitutes the sole and entire
agreement of the parties and supersedes all prior or contemporaneous
understandings, agreements, negotiations, representations, warranties, and
communications, both written and oral.
1.2 By entering into this Agreement and by
allowing Prompt Care Transport to provide you with services, you expressly
acknowledge that you understand this Agreement and accept all of its terms. IF
YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR
ACCESS THE SERVICES PROVIDED BY PROMPT CARE TRANSPORT.
1.3 Prompt Care Transport reserves the right
to modify any terms of this Agreement from time to time, and such modifications
shall become effective upon posting by Prompt Care Transport on its platforms,
including without limitation its website, mobile application, or printed
material. Continued use of the Prompt Care Transport applications, websites, or
services after any such changes shall constitute your acceptance of all
modified terms.
2.
Description of Services. Prompt Care Transport owns and operates a
transportation service for individuals requiring the use of wheelchairs (the
“Services”) as set forth in more detail on Prompt Care Transport’s website,
mobile application, or printed material.
The Services are subject to the availability of Prompt Care Transport.
3.
Booking. Customer can request transportation through the Prompt Care
Transport website, mobile application, or by contacting customer service.
Customer must select their preferences for the Services, including a pickup
date, time, and location, drop-off location, and vehicle. A quote will then be
generated for the customer, Customer must pay the full amount of the quoted
fare to complete the process of booking the Services. After Prompt Care Transport
receives payment from Customer, Prompt Care Transport will notify Customer once
the Services are confirmed (“Order Confirmation”).
4.
Fees and Expenses. After Customer has selected their preferences
for the Services through the Prompt Care Transport website, mobile application,
or by contacting customer service, Customer will receive a quote for the
Services. Prompt Care Transport reserves the right to alter or modify the quote
for the Services up until Prompt Care Transport has received payment from
Customer.
5.
Service Provider Obligations. Prompt Care Transport shall designate employees
or contractors that it determines, in its sole discretion, to be capable of
performing the Services.
6.
Customer Obligations. Customer shall:
6.1 Respond promptly to any reasonable
requests from Prompt Care Transport for instructions, information, or approvals
required by Prompt Care Transport to provide the Services.
6.2 Cooperate with Prompt Care Transport in
its performance of the Services and provide access to Customer’s premises,
employees, contractors, and equipment as required to enable Prompt Care
Transport to provide the Services.
6.3 Take all steps necessary, including
obtaining any requires licenses or consents, to prevent Customer-delays in
Prompt Care Transport’s provision of the Services.
6.4 Follow all safety instructions provided
by Prompt Care Transport.
7.
Customer’s Acts or Omissions. If Prompt Care Transport’s performance of
obligations under this Agreement is prevented or delayed by any act or omission
of Customer or its agents, subcontractors, consultants, or employees, Prompt
Care Transport shall not be deemed in breach of its obligations under this
Agreement or otherwise liable for any costs, charges, or losses sustained or
incurred by Customer, in each case, to the extent arising directly or
indirectly from such prevention or delay.
8.
Changes to Booking.
8.1 If Customer wishes to change any details
related to the Services as delineated in the Order Confirmation after receiving
the Order Confirmation and before the Services are provided by Prompt Care
Transport, it shall submit details of the requested change to Prompt Care
Transport. Prompt Care Transport shall, within a reasonable time after such
request, provide a written estimate to Customer of:
(a)
the likely time required to implement the change;
(b)
any necessary variations to the fees and other charges for the
Services arising from the change;
(c)
the likely effect of the change on the Services; and
(d)
any other impact the change might have on the performance of this
Agreement and the Services.
8.2 Promptly after receiving any variations to
the fees and other charges by Prompt Care Transport for the modified Services, Customer
shall pay any additional amount owed to Prompt Care Transport before the
modified Services will be confirmed.
8.3 Notwithstanding Section 8.2, Prompt Care
Transport may, from time to time, change the Services without the consent of
Customer, provided that such changes do not materially affect the nature or scope
of the Services, the fees, or any performance dates set forth in the Order
Confirmation.
8.4 Prompt Care Transport may charge a fee
for the time it spends assessing and documenting a change request from
Customer.
9.
Cancellation and Refund Policy.
9.1 Prompt Care Transport reserves the right
to cancel any Services, before or after Customer receives an Order
Confirmation. Prompt Care Transport will provide notice to Customer and will refund
Customer any payment received for the cancelled Services within ten (10)
business days from the date of cancellation.
9.2 Customer may cancel any Services, before
or after Customer receives an Order Confirmation, up until three (3) hours
prior to the scheduled pickup time delineated in the Order Confirmation. If
Customer cancels the Services within this timeframe, Prompt Care Transport will
refund to Customer the payment already made by Customer. Prompt Care Transport
will not refund Customer for any Services cancelled within three (3) hours of
the scheduled pickup time as delineated on the Order Confirmation.
10.
Relationship of the
Parties. The details of the method and manner for performance of the
Services by Prompt Care Transport shall be under its own control, Customer
being interested only in the results thereof. Prompt Care Transport shall be
solely responsible for supervising, controlling, and directing the details and
manner of the completion of the Services. Nothing in this Agreement shall give
Customer the right to instruct, supervise, control, or direct the details and
manner of the completion of the Services. Nothing contained in this Agreement
shall be construed as creating any agency, partnership, joint venture, or other
form of joint enterprise, employment or fiduciary relationship between the
parties, and neither party shall have authority to contract for or bind the
other party in any manner whatsoever.
11.
Code of Conduct.
Customer shall conduct themselves in a respectful and lawful manner while using
Prompt Care Transport Services. Prompt Care Transport reserves the right to
terminate any Services, without refund, if at any point during the performance
of the Services, the individual offering the Services feels endangered,
threatened, or harassed. If Customer causes property damage during the
performance of the Services, Customer is responsible for the cost of cleaning
and repair fees, outside of normal wear and tear.
12.
Limited Warranty and
Limitation of Liability.
12.1 Prompt
Care Transport warrants that it shall perform the Services:
(a)
in accordance with this Agreement;
(b)
using personnel of commercially reasonable skill, experience, and
qualifications; and
(c)
in a timely, workmanlike, and professional manner in accordance
with generally recognized industry standard for similar services.
12.2 Prompt Care Transport’s sole and exclusive
liability, and Customer’s sole and exclusive remedy, for breach of this
warranty shall be that Prompt Care Transport shall refund to Customer any fees
paid by the Customer as of the date of termination for the Services.
12.3 PROMPT CARE TRANSPORT MAKES NO WARRANTIES
EXCEPT FOR THAT PROVIDED IN SECTION 12.1 ABOVE. ALL OTHER WARRANTIES, EXPRESS
AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
13.
Intellectual Property. All intellectual property rights,
including copyrights, patents, patent disclosures, and inventions (whether
patentable or not), trademarks, service marks, trade secrets, know-how, and
other confidential information, trade dress, trade names, logos, corporate
names, and domain names, together with all of the goodwill associated
therewith, derivative works, and all other rights (collectively,
“Intellectual Property Rights”) in and to all documents, work
product, and other materials that are delivered to Customer under this
Agreement or prepared by or on behalf of Prompt Care Transport in the course of
performing the Services (collectively, the “Deliverables”) shall be
owned by Prompt Care Transport.
14.
Confidential Information.
(a)
All non-public, confidential or proprietary information of Prompt
Care Transport, including, but not limited to, trade secrets, technology,
information pertaining to business operations and strategies, and information
pertaining to customers, pricing, and marketing (collectively, “Confidential
Information”), disclosed by Prompt Care Transport to Customer, whether
disclosed orally or disclosed or accessed in written, electronic or other form
or media, and whether or not marked, designated or otherwise identified as
“confidential,” in connection with the provision of the Services and
this Agreement is confidential, and shall not be disclosed or copied by
Customer without the prior written consent of Prompt Care Transport.
Confidential Information does not include information that is:
(ii)
known to Customer at the time of disclosure; or
(iii)
rightfully obtained by Customer on a non-confidential basis from a
third party.
(b)
Customer agrees to use the
Confidential Information only to make use of the Services.
(c)
Prompt Care Transport shall
be entitled to injunctive relief for any violation of this Section.
15.
Survival and Termination.
15.1 This Agreement shall commence as of the
Effective Date and shall continue until the completion of the Services, unless
sooner terminated. Prompt Care Transport has the right to terminate this
Agreement or suspend Services to Customer at any time in its sole discretion if
Prompt Care Transport determines that Customer has violated any of the terms of
this Agreement.
15.2 The
rights and obligations of the Parties set forth herein and any right or
obligation of the parties in this Agreement which, by its nature, should
survive termination or expiration of this Agreement, will survive any such
termination or expiration of this Agreement, and with respect to Confidential
Information that constitutes a trade secret under applicable law, the rights
and obligations set forth hereof shall survive such termination or expiration
of this Agreement until, if ever, such Confidential Information loses its trade
secret protection other than due to an act or omission of the receiving party.
16.
ASSUMPTION OF RISK. Customer’s choice to use the Services provided
by Prompt Care Transport is knowing, voluntary, and made for Customer’s personal
enjoyment. Customer understands that using the Services involves inherent risks
and dangers of accidents, emergency treatment, property loss or damage, serious
personal and bodily injury, death, and severe personal and economic losses.
These may result not only from Customer’s own actions, inactions, or
negligence, but also from the actions, inactions, or negligence of others, or
the condition of the facilities, equipment, or vehicles. Further, there may be
other risks not known to Customer or reasonably foreseeable at this time. Customer
understands and has considered the risks involved, and Customer voluntarily and
freely chooses to assume these risks.
17.
RELEASE FROM
LIABILITY. Customer fully and forever
releases and discharges Prompt Care Transport and its respective affiliates,
directors, officers, managers, members, employees, agents, and insurers, and
all others involved in the Services from any and all injuries (including
death), losses, damages, claims (including negligence claims), demands,
lawsuits, expenses, and any other liability of any kind, of or to Customer,
Customer’s property, or any other person, directly or indirectly arising out of
or in connection with Customer’s participation in the Services, even if they
are due to the ordinary negligence, injudicious act, omission, or other fault
of Prompt Care Transport.
19.
MEDICAL EXPENSES. Customer hereby consents to receive medical
treatment that may be deemed necessary in the event of any illness, accident,
or injury, or medical emergency resulting from or in connection with the
Services. Customer understands that Customer is solely responsible for all
costs related to such medical treatment and any related medical transportation
and/or evacuation. Customer hereby releases, forever discharges, and holds
harmless Prompt Care Transport from any claim based on such treatment or other
medical services.
20.
General Indemnification. Customer shall defend, indemnify, and hold
harmless Prompt Care Transport, its subsidiaries, affiliates, successors, or
assigns and its respective directors, officers, shareholders, and employees
(collectively, “Indemnitees”) against any and all loss, injury, death, damage,
liability, claim, deficiency, action, judgment, interest, award, penalty, fine,
cost, or expense, including reasonable attorney and professional fees and
costs, and the cost of enforcing any right to indemnification hereunder arising
out of or related to the Customer’s negligence, willful misconduct, or breach
of this Agreement.
21.
Authorization to Use Photos and Video of Customer. Customer
expressly authorizes Prompt Care Transport to collect digital photos, videos,
and audio of Customer before, during, and after the Services are provided to
Customer for security and internal purposes.
22.
Notices.
22.1
All notices, requests,
consents, claims, demands, waivers, and other communications under this
Agreement (each, a “Notice,” and with the correlative meaning “Notify”) must be
in writing and addressed to the other party in the manner set forth below.
Unless otherwise agreed herein, all Notices to Prompt Care Transport must be
delivered by personal delivery, nationally recognized overnight courier, or
certified or registered mail (in each case, return receipt requested, postage
prepaid). Except as otherwise provided in this Agreement, a Notice is effective
only on receipt by the receiving Party.
(a)
Notice to Customer. Prompt Care Transport may send all Notices to
Customer at the physical address or email address Customer provided to Prompt
Care Transport.
(b)
Notice to Prompt Care Transport. All notices to Prompt Care Transport must be sent
to 26347 Explorer Road, Punta Gorda, Florida
33983.
23.
Severability. If any term or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction; provided,
however, that if any fundamental term or provision of this Agreement is
invalid, illegal, or unenforceable, the parties shall negotiate in good faith
to/the court may modify this Agreement to effect the original intent of the
parties as closely as possible in order that the transactions contemplated
hereby to be consummated as originally contemplated to the greatest extent
possible.
24.
Waiver. No waiver by any party of any of the provisions of this
Agreement shall be effective unless explicitly set forth in writing and signed
by the party so waiving. Except as otherwise set forth in this Agreement, no
failure to exercise, or delay in exercising, any right, remedy, power, or
privilege arising from this Agreement shall operate or be construed as a waiver
thereof, nor shall any single or partial exercise of any right remedy, power,
or privilege hereunder preclude any other or further exercise thereof or the
exercise of any other right, remedy, power, or privilege.
25.
Assignment. Customer shall not assign, transfer, delegate, or
subcontract any of its rights or delegate any of its obligations under this
Agreement without the prior written consent of Prompt Care Transport. Any
purported assignment or delegation in violation of this section shall be null
and void. No assignment or delegation shall relieve Customer of any of its
obligations under this Agreement. Prompt Care Transport may assign any of its
rights or delegate any of its obligations to any affiliate or to any person.
26.
Successors and Assigns. This Agreement is binding on and inures to the
benefit of the parties to this Agreement and their respective successors, assigns,
personal representatives, and heirs.
27.
No Third-Party Beneficiaries. This Agreement benefits solely the parties to
this Agreement and their respective permitted successors and assigns and
nothing in this Agreement, express or implied, confers on any other person or
entity any legal or equitable right, benefit, or remedy of any nature
whatsoever under or by reason of this Agreement.
28.
Choice of Law. This Agreement and all related documents, including all
exhibits attached hereto and all matters arising out of or relating to this
Agreement, whether sounding in contract, tort, or statute, are governed by, and
construed in accordance with, the laws of the State of Florida, United States
of America (including its statutes of limitations and § 685.101, Fla. Stat.),
without giving effect to the conflict of law’s provisions thereof to the extent
such principles or rules would require or permit the application of the laws of
any jurisdiction other than those of the State of Florida.
29.
Choice of Forum. Each party irrevocably and
unconditionally agrees that it will not commence any action, litigation, or
proceeding of any kind whatsoever against the other party in any way arising
from or relating to this Agreement, including all exhibits, schedules, attachments,
and appendices attached to this Agreement, and all contemplated transactions,
including, but not limited to, contract, equity, tort, fraud, and statutory
claims, in any forum other than the US District Court for the Middle District
of Florida or, if such court does not have subject matter jurisdiction, the
courts of the State of Florida sitting in Charlotte County, Florida, and any
appellate court from any thereof. Each party irrevocably and unconditionally
submits to the exclusive jurisdiction of such courts and agrees to bring any
such action, litigation, or proceeding only in the US District Court for the Middle
District of Florida or, if such court does not have subject matter
jurisdiction, the courts of the State of Florida sitting in Charlotte County,
Florida. Each party agrees that a final judgment in any such action,
litigation, or proceeding is conclusive and may be enforced in other
jurisdictions by suit on the judgment or in any other manner provided by law.
30.
WAIVER OF JURY
TRIAL. EACH PARTY
ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT,
INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS
AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND,
THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR
RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR
APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to
Promptcaretransport@yahoo.com, and Prompt Care Transport LLC and governs data collection
and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to
Prompt Care Transport LLC include Promptcaretransport@yahoo.com. The Prompt Care
Transport LLC website is a livery service site. By using the Prompt Care Transport LLC website,
you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, Prompt Care Transport LLC
may collect personally identifiable information, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us.
However, you may be required to provide certain personal information to us when you elect to use
certain products or services. These may include: (a) registering for an account; (b) entering a
sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers
from selected third parties; (d) sending us an email message; (e) submitting your credit card or
other payment information when ordering and purchasing products and services. To wit, we will
use your information for, but not limited to, communicating with you in relation to services and/or
products you have requested from us. We also may gather additional personal or non-personal
information in the future.
Use of your Personal Information
Prompt Care Transport LLC collects and uses your personal information to operate and deliver
the services you have requested.
Prompt Care Transport LLC may also use your personally identifiable information to inform you of
other products or services available from Prompt Care Transport LLC and its affiliates.
Sharing Information with Third Parties
Prompt Care Transport LLC does not sell, rent or lease its customer lists to third parties.
Prompt Care Transport LLC may share data with trusted partners to help perform statistical
analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All
such third parties are prohibited from using your personal information except to provide these
services to Prompt Care Transport LLC, and they are required to maintain the confidentiality of
your information.
Prompt Care Transport LLC may disclose your personal information, without notice, if required to
– First and Last Name
– E-mail Address
– Phone Number
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do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of
the law or comply with legal process served on Prompt Care Transport LLC or the site; (b)
protect and defend the rights or property of Prompt Care Transport LLC; and/or (c) act under
exigent circumstances to protect the personal safety of users of Prompt Care Transport LLC, or
the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by
Prompt Care Transport LLC. This information can include: your IP address, browser type,
domain names, access times and referring website addresses. This information is used for the
operation of the service, to maintain quality of the service, and to provide general statistics
regarding use of the Prompt Care Transport LLC website.
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.
Security of your Personal Information
Prompt Care Transport LLC secures your personal information from unauthorized access, use, or
disclosure. Prompt Care Transport LLC uses the following methods for this purpose:
When personal information (such as a credit card number) is transmitted to other websites, it is
protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or
alteration of your personal information. Unfortunately, no data transmission over the Internet or any
wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect
your personal information, you acknowledge that: (a) there are security and privacy limitations
inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any
and all information and data exchanged between you and us through this Site cannot be
guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not be able to comply with requests to delete your personal information if
it is necessary to:
– SSL Protocol
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
• Complete the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with federal
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Children Under Thirteen
Prompt Care Transport LLC does not knowingly collect personally identifiable information from
children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or
guardian for permission to use this website.
E-mail Communications
From time to time, Prompt Care Transport LLC may contact you via email for the purpose of
providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general
communication.
If you would like to stop receiving marketing or promotional communications via email from
Prompt Care Transport LLC, you may opt out of such communications by “replying STOP” or
“clicking on the UNSUBSCRIBE button.”.
Changes to this Statement
Prompt Care Transport LLC reserves the right to change this Privacy Policy from time to time.
We will notify you about significant changes in the way we treat personal information by sending a
notice to the primary email address specified in your account, by placing a prominent notice on our
website, and/or by updating any privacy information. Your continued use of the website and/or
Services available after such modifications will constitute your: (a) acknowledgment of the modified
Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Prompt Care Transport LLC welcomes your questions or comments regarding this Statement of
Privacy. If you believe that Prompt Care Transport LLC has not adhered to this Statement, please
law, provide a good or service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or otherwise perform a contract
between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right
of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws, when our
deletion of the information is likely to render impossible or seriously impair the
achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on
your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
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contact Prompt Care Transport LLC at:
Prompt Care Transport LLC
26347 Explorer Road
Punta Gorda, Florida 33983
Email Address:
christopher.roussell@promptcaretransport.com
Telephone number:
9414994179
Effective as of January 09, 2024
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