Terms and Conditions
Last Updated: 14 March 2020
Cab4Now, INC. T/A Cab4Now.com and Cab4Now.com Malta is a Corporation registered in the State of Delaware USA with a registered address of 651 N BROAD ST, MIDDLETOWN, NEW CASTLE, DELAWARE, 19709, USA.
Part 1 – Booking Service Terms
“Booking Services” means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Cab4Now.com Malta.
“LPV” means Light Passenger Vehicle (8 passengers plus driver).
“Transportation Provider” means a provider of transportation services, including any drivers licensed to carry out private hire bookings in accordance with the Legislation.
“Cab4Now.com Malta” shall mean Cab4Now.com Malta Limited, a private limited liability company incorporated and registered in Malta with company number TBA, whose registered office is TBA.
“Cab4Now.com App” means the software application and related services provided by Cab4Now.com Malta Limited to you pursuant to terms and conditions set forth in Part 2.
“Website” shall mean Cab4Now.com.
2. LPV Regulations.
Pursuant to the regulations of the Driver & Passenger Operator Licensing Unit of Transport Malta pertaining to the operation of private hire vehicles (all together, the “Legislation”), a booking made by you can only be accepted by a person that holds a relevant operator’s licence.
In respect of the Act, Cab4Now.com Malta is the holder of the relevant LPV operator’s licence.
3. The Provision of Booking Services by Cab4Now.com Malta.
Cab4Now.com Malta provides to you certain booking services (the “Booking Services”). The Booking Services include:
Accepting bookings requested by you (which include bookings requested in advance by you using the “scheduled ride” function in the Cab4Now.com app) in accordance with sub-paragraph 4 below, but without prejudice to Cab4Now.com Malta’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
Identifying suitable Transportation Providers;
Keeping records of bookings;
Remotely monitoring trips booked using the Cab4Now.com App;
Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Cab4Now.com Malta, which may be made by email: admin@Cab4Now.com.com. You are encouraged to provide your feedback if any of the transportation services provided to you by a Transportation Provider do not conform to your expectations; and
Managing any lost property queries relating to bookings accepted by Cab4Now.com Malta, in each case in accordance with any relevant provisions of the Legislation.
Pursuant to, and for the purposes of the Legislation, Cab4Now.com Malta accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
4. Your Transportation Contract with a Transportation Provider.
Cab4Now.com Malta is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (the “Transportation Contract”) between you and the Transportation Provider that is identified to you in the booking confirmation provided by Cab4Now.com Malta.
Cab4Now.com Malta is not a party to the Transportation Contract and acts as a disclosed agent for the Transportation Provider in communicating the Transportation Provider’s agreement to enter into the Transportation Contract.
The Booking Services are provided by Cab4Now.com Malta to you free of charge. Cab4Now.com Malta reserves the right to introduce a fee for the provision of the Booking Services. If Cab4Now.com Malta decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Cab4Now.com App at your option.
The rates that apply for the transportation services provided by the Transportation Provider can be found on the Website and through the Cab4Now.com App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.
6. Limitation of Liability.
To the extent permitted by applicable law, Cab4Now.com Malta will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person’s property in connection with the Booking Services or any booking accepted by Cab4Now.com Malta;
a. any booking that has not been accepted;
b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Cab4Now.com App;
c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
d. any loss relating to your business or the business of your employer or any other person;
e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Cab4Now.com Malta fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
g. If Cab4Now.com Malta is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £250 in aggregate.
Nothing in these Terms and Conditions will limit or exclude Cab4Now.com Malta’s liability to you for personal injury or death caused directly by Cab4Now.com Malta’s negligence.
7. Applicable Law.
The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of Malta.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of Malta.
1. Contractual Relationship
These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the Cab4Now.com App), websites, content, products, and services (the “Services”) made available by Cab4Now.com Malta. In relation to LPV Bookings, the Services enable you to access the Booking Services provided by Cab4Now.com Malta described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cab4Now.com. 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. Cab4Now.com may 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. Cab4Now.com will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, Cab4Now.com reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Cab4Now.com’s opinion, any delay in such termination would expose Cab4Now.com or a third party to significant risk of harm or damage.
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.
Cab4Now.com may amend the Terms related to the Services from time to time. Amendments will be effective upon Cab4Now.com’s 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.
2. The Services
The Services constitute a technology platform that enables users of Cab4Now.com’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule transportation, logistics, delivery, and/or vendor services with independent third party providers of such services, including independent third party transportation providers (including Transportation Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with Cab4Now.com or certain of Cab4Now.com’s affiliates, and/or independent vendors such as restaurants (“Third Party Providers”). Unless otherwise agreed by Cab4Now.com in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT Cab4Now.com DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Cab4Now.com OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Cab4Now.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cab4Now.com and Cab4Now.com’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cab4Now.com; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Cab4Now.com’s various brands or booking options associated with transportation, logistics, delivery or vendor services. You acknowledge that the Services may be made available under any brands, booking or request options by or in connection with: (i) certain of Cab4Now.com’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain Cab4Now.com’s property or the property of Cab4Now.com’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cab4Now.com’s company names, logos, product and service names, trademarks or services marks or those of Cab4Now.com’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). 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. Account registration requires you to submit to Cab4Now.com certain personal information, such as your name, address, mobile phone number and age. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Cab4Now.com’s termination of this Agreement with you. 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 Cab4Now.com in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Cab4Now.com at any time by following the directions found at https://Cab4Now.com/privacy-tools. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Cab4Now.com may, in Cab4Now.com’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Cab4Now.com establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Cab4Now.com; (iii) may be disabled by Cab4Now.com at any time for any reason without liability to Cab4Now.com; (iv) may only be used pursuant to the specific terms that Cab4Now.com establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Cab4Now.com reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Cab4Now.com determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Cab4Now.com may, in Cab4Now.com’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cab4Now.com through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Cab4Now.com, you grant Cab4Now.com a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cab4Now.com’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cab4Now.com the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cab4Now.com’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cab4Now.com in its sole discretion, whether or not such material may be protected by law. Cab4Now.com may, but shall not be obligated to, review, monitor, or remove User Content, at Cab4Now.com’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cab4Now.com does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Cab4Now.com will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cab4Now.com. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Cab4Now.com will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated as soon as practicable by Cab4Now.com using the preferred payment method designated in your Account, after which Cab4Now.com will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cab4Now.com may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.
As between you and Cab4Now.com, Cab4Now.com reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Cab4Now.com’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand, at the weekend or overnight. Cab4Now.com will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Cab4Now.com may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the Malta can be found is at this https://Cab4Now.com/About.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Cab4Now.com does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Cab4Now.com (on Cab4Now.com’s website, in the Application, or in Cab4Now.com’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Cab4Now.com provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Cab4Now.com in Cab4Now.com’s reasonable discretion, Cab4Now.com reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Cab4Now.com to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Cab4Now.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Cab4Now.com MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Cab4Now.com DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
Cab4Now.com SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Cab4Now.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Cab4Now.com SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Cab4Now.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Cab4Now.com SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Cab4Now.com’S REASONABLE CONTROL. IN NO EVENT SHALL Cab4Now.com’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
Cab4Now.com’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Cab4Now.com HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Cab4Now.com and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cab4Now.com’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law
Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of Malta.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Cab4Now.com’s designated agent. Please visit Cab4Now.com’s web page at https://Cab4Now.com/Contact for the designated address and additional information.
Cab4Now.com may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
You may not assign or transfer these Terms in whole or in part without Cab4Now.com’s prior written approval. You give your approval to Cab4Now.com for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Cab4Now.com’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Cab4Now.com or any Third Party Provider as a result of the contract between you and Cab4Now.com or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”