These Terms of Service (“Terms”) apply to your access to and use of App (“Spectra Drive App”) and website (“SpectraDriveApp.com”) provided by Pawar Transportation LLC., d/b/a as (Spectra Drive). These Terms govern your access or use and possessions, of the applications, websites, content, products, and services (collectively with the Technology the “Service”) made available in the United States and its territories and possessions by Pawar Transportation, LLC.
IMPORTANT: please review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with on an individual basis through final and binding arbitration. By accessing or using any portion of the service, you agree to these terms, including the mandatory arbitration provision and class action waiver listed below. If you do not agree, do not access or use the service.
The Service is an application-based software service that enables users (“Users”) to track scheduled routes for children (the “Student”) with a third-party service provider (“Driver”). To use the Service, you must download the App and set up your user profile. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account, unless a specific Service permits otherwise. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Service under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and responsible to us if you or the other person or entity violates these Terms.
To create a user profile, you must enter information and set up a personal and student profile. The profile requires you to provide certain personally identifiable information and will contain other information about you and others who use the Service via your account. Please see our Privacy Policy for information on how Spectra Drive collects, uses and discloses information from its users. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Spectra Drive in writing, you may only possess one Account.
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
You acknowledge that the service is merely a technology platform; that does not provide you with any transportation or care giving services.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the conduct of any Driver.
Your use of our service is at your sole risk. Our service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, does not represent or warrant that our service is accurate, complete, reliable, current or error-free. While attempts to make your access to and use of our service safe, we cannot and do not represent or warrant that our service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the service. The app based platform provides information and technology to connect and track transportation for a specific route and contact information to the local office of the city where service is being provided to users, but does not intend to provide childcare services or act in any manner as a childcare provider, and has no responsibility or liability for the transportation services, childcare services, or other services provided to any member/user, other passenger or account passenger by any driver using the service although conducts certain driver screenings, and although only drivers who successfully complete the driver screening process, as determined in discretion, are permitted to use the service to provide driver services, no screening process is perfect. As a result, cannot and does not guarantee, and makes no representations regarding, the accuracy or efficacy of the driver screening process or the suitability, safety, ability, reliability, or accuracy of any driver, the driver services provided by any driver, or the condition of the vehicles in which any driver services are performed. By using the service, you acknowledge that you may be exposed to situations involving a driver that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of driver scheduled using the service is at your own risk and judgment.
To the maximum extent permitted by law: (a) and the other parties will not be liable to you under any theory of liability— whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if or the other parties have been advised of the possibility of such damages; and (b) the total liability of and the other parties, for any claim arising out of or relating to these terms or our service or the driver services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our service.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of or the other Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release and the other Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including Drivers. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using our Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Spectra Drive App will provide limited liability insurance covering you and student(s) during route transportation. However, Drivers are otherwise responsible for insurance for the vehicles they use to provide the Driver Services.
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in California.
We may make changes to these Terms from time to time. We may attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.