General Terms and Conditions

These General Terms and Conditions (GTC or “Terms”), form a legal agreement (Agreement) between Karmel Connect, a company incorporated in the state of California (“Karmel Connect”) and the users who use our products and services as well as any visitor to this website. This Agreement outlines the terms and conditions governing the use of our offerings.

These Terms, together with our separate document on the gathering, use and protection of your personal information (the “Privacy Policy”) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Karmel Connect in relation to your use of our platform and services. Please read our Terms, as well as our Privacy Policy. By using this site, customers and visitors declare their acceptance of and undertake to comply with these policies. If one does not accept these terms, they are requested to refrain from using the site.

As a user of our services, you will be provided with access to certain proprietary information and technology. By using said services, you understand that you have accepted these Terms.

Karmel Connect’s services and access to its website and various platforms are joinly refered to as “Services”.

Definitions

• Services: Any services made available to the Customer through the Services or provided in connection with its use, including support, maintenance, and related consulting services.
• Customer: The individual or legal entity subscribing to the use of Karmel Connect’s services and products offerings.
• Confidential Information: Any information marked as confidential or which should reasonably be understood to be confidential, including but not limited to trade secrets, business strategies, technical knowledge, client lists, pricing information, and proprietary data, whether in oral, written, or electronic form.
• Consequential Loss: Losses arising from indirect or incidental damages, including but not limited to, loss of revenue, loss of profits, business interruption, and loss of data, whether foreseeable or not.
• Data Protection Requirements: Any law, regulation, or statute that governs the protection and processing of personal data, including the GDPR, California Consumer Privacy Act, and relevant local laws.
• Partner Data: All data provided by or on behalf of the User in connection with the product offerings of third party Partners.

General Terms and Conditions briefly explained:

This site is owned and managed by Karmel Connect. Material on karmel.com or on any other web site that is owned or controlled by Karmel Connect may only be used for the purposes for which it is made available or explicitly intended by Karmel Connect.

This material may not be copied, reproduced, republished, uploaded, mailed, sent or distributed in any other way without our explicit permission.

It is also prohibited to use the above-mentioned material on any other web site or in any other network environment without our explicit permission.

The adaptation of this material, or its use for purposes other than those for which it is made available or intended, breaches Karmel Connect copyright and other proprietary rights. Karmel Connect reserves all rights in this respect, and will take legal action if necessary. Customers and Visitors may not use Karmel Connect name, logos or other material without Karmel Connect’s express written consent.

Karmel Connect declares that it holds exclusive and full proprietary rights to its website, and that it does not transfer these rights.

Customers and Users of our services are fully responsible for the use of all the material that they enter in our system. Karmel Connect can in no way be held liable if one or more of its clients and/or users in any way breaches or disrespects copyrights or abuses another party’s rights or protected products (i.e.: without obtaining reproduction rights!), or in general infringes upon legal or contractual provisions or generally accepted standards of due care.

Karmel Connect reserves the right, at all times and without stating reasons, to refuse to supply services to users or to remove user’s information from the system (including, but not limited to, cases involving pornographic material, breach of privacy, or illegal activities).

The details of a Customer’s registration are password protected, so that only the Customer and Karmel Connect have access to the Customer’s personal information and can view, remove, correct or cancel the details of the Customer’s registration.

All email addresses that Customers of our products and/or services use to login, as well as billing email addresses, must be valid and actively used. If not, Karmel Connect reserves the right, at all times, to refuse to supply services to these Customers or to remove their information from the system.

Karmel Connect offers no warranty of any kind on the products and services offered on this site, be it explicit, implicit, or regarding their suitability for a particular purpose. Karmel Connect does not guarantee that its materials will work continuously or without error, or that this site or the server hosting this site will be free of viruses or other harmful elements. Karmel Connect will, however, do its best to correct any errors in the program. Karmel Shuttle has the obligation to perform to the best of its ability to guarantee the workability of its website and corresponding services.

This web site may contain inaccuracies and/or typographical errors, Karmel Connect, may change or improve the content of this Site at any time and without notice. Karmel Connect makes no warranties as to the completeness or accuracy of the content of this Site. The use of the Site is at your own risk. The content of the Site is “as is” and without warranty of any kind either express or implied. In no event will Karmel Connect or its affiliates be liable for any damages whether consequential, direct, incidental, indirect or otherwise arising from or connected with the use of the Site or any of its content.

Please be aware that while visiting our site users can follow links to other sites that are beyond our sphere of influence. Karmel Connect is not responsible for the content or operation of these other sites.

Acceptance of terms:

By subscribing to or accessing Karmel Connect’s website and services in general, the User agrees to be bound by these GTC. If the User is a legal entity, the individual acting on behalf of the User represents and warrants that they have the authority to enter into this Agreement.

These GTC may be amended, updated or otherwise changed from time to time. The User is responsible for keeping up to date on updated GTC. Continued use after such updates will be viewed as a binding approval of the GTC.

Restriction of use:

Karmel Connect reserves the right to restrict or otherwise cancel the User’s use of the website and our services at any point. The User understands that any illicit use of our services may be grounds for liability.

Service Security
Karmel Connect takes reasonable measures to secure its website and other platforms, but the User remains responsible for ensuring that its credentials and any registered account are safeguarded from unauthorized access. If any authorized user leaves a Customer’s organization, the Customer must notify Karmel Connect so that the user’s credentials can be deactivated. Both Customers and all other Users of Karmel Connect’s website and services are responsible for informing Karmel Connect, without undue delay, regarding any security breaches that are detected regarding their use.

Service Availability and use of our booking Services
Karmel Connect will use reasonable efforts to ensure the availability of the Services but does not guarantee uninterrupted or error-free service. Planned maintenance, system updates, or unforeseen outages may temporarily disrupt the Services’s availability.

Reservation Terms & Conditions Policy:

CANCELLATIONS: 12 hours or more prior to scheduled service time, for a full refund.  For Limousines, 23 passenger Mini-Coach and 55 passenger coaches – refer to your groups charter agreement.  Cancel online at www.karmel.com or TEXT or call 1-714-670-3480 to cancel. Cancellation within 12 hours of service is a full charge.

Car seats are NOT provided. It is the responsibility of the parent or guardian to bring their own child restraint seat for a Child/infant.  Infants are not permitted to ride in the lap of another passenger.

Passengers who get sick in the vehicle will incur a $250 cleaning/sanitation fee. Please ask your driver for a motion sickness bag if needed.

Karmel Connect is not responsible for lost or left items. Items found may be shipped to the owner at the owner’s expense.

If you’re not ready at your scheduled pick-up time, it may be considered a NO SHOW.

Refer to your Hourly Charter agreement for Group vehicles.

If you have any further questions regarding Karmel Shuttle’s Terms of Use or our Reservation Service Policy, please contact: marc@karmel.com or 714-670-3496.

Maintenance and Updates
Karmel Connect continuously seeks to identify and resolve issues affecting the Services’s performance. Karmel Connect may perform regular maintenance to ensure system functionality, including implementing bug fixes, updates, and security patches. In some cases, Karmel Connect may also upgrade the Services’s features or layout.

Incident Management
In the event of a service disruption or security incident, Karmel Connect will use reasonable efforts to resolve the issue and may contact you, as our Customer, to provide updates.

Proper Use
The User agrees to use the Services in compliance with all applicable laws and regulations. The User is prohibited from engaging in activities that could compromise the security, integrity, or functionality of the Services, including:

• Inserting malicious code or viruses.
• Attempting to gain unauthorized access to Karmel Connect’s infrastructure or third-party systems.
• Using the Services for any illegal or unethical purposes.

Compliance with Policies
Both Users (visiting our website) and Customers, as well as our Customer’s authorized users, must comply with Karmel Connect’s Privacy Policy and any other policies or guidelines provided by Karmel Connect regarding the use of the Services.

Licenses and Permissions
All Users and Customers are responsible for obtaining and maintaining all necessary permits, licenses, and consent required for the lawful use of our Services.

Karmel Connect reserves the right to suspend or terminate your access to our Services and/or pursue all legal remedies if we believe that your use breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation. You represent and warrant that You have obtained and/or will obtain any and all necessary and legally enforceable written consent upon using the Services.

If you, in your capacity as User or Customer, discover any Content on the Platform that you believe infringes your (or anybody else’s) copyright or trademark or if you discover Content that infringes or in any way violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these GTC, any applicable guidelines that we may choose to enforce or applicable law, please report this to us at legal@Karmel.com

Ownership of Data
Our Customers retain ownership of all data and materials they provide through use of the Services (Customer Data). Karmel Connect will not use, sell, or disclose Customer Data except as necessary to provide the Services or as permitted by this Agreement.

Use of Customer Data
Our Customers grant Karmel Connect a non-exclusive, royalty-free, irrevocable license to use Customer Data for the purposes of providing, maintaining, and improving the Services. Karmel Connect may also use anonymized or aggregated data for benchmarking, research, and development purposes.

Data Deletion
Upon termination of this Agreement, Karmel Connect will retain Customer Data for a limited period, during which the Customer may request a final data extract. After this period, Karmel Connect reserves the right to delete or anonymize all remaining Customer Data.

Security of Data
Karmel Connect will implement reasonable security measures to protect Customer Data from unauthorized access, use, or disclosure. However, the Customer acknowledges that no method of data transmission over the internet is entirely secure, and Karmel Connect cannot guarantee the absolute security of Customer Data.

Karmel Connect’s Intellectual Property
Karmel Connect retains all ownership rights, title, and interest in and to the Services, including all software, code, algorithms, databases, and other intellectual property related to the Services. The Customer does not gain any ownership rights through the use of the Services.

Feedback
The Customer may provide Karmel Connect with feedback, suggestions, or ideas for improving the Services. Karmel Connect is free to use, disclose, and exploit any feedback without restriction or compensation to the Customer. This also applies for Users who are not Customers.

Third-Party Content
The Services may incorporate content or software developed by third parties (Third-Party Content). Karmel Connect will identify any Third-Party Content used within the Services, and the Customer must comply with any applicable terms and conditions for such content.

The website and the Services that you receive access to through Karmel Connect, may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

Karmel Connect does not have or maintain any control over nor does it take any responsibility for the External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Karmel Connect does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, security or authenticity of content, information or services provided by such External Services.

Data Protection
Karmel Connect complies with the California Consumer Privacy Act EU) and other applicable data protection laws. Karmel Connect processes personal data on behalf of the Customer as a data processor, while the Customer remains the data controller. Both parties must fulfill their obligations under applicable data protection regulations. In the event that you are visiting our website from the EU, Karmel Connect strives to abide by the terms of the GDPR but you as the User are hereby notified that any data transmitted to us may be transferred from the EU to the USA. Your continued use of the website and our Services clarifies that you have provide consent for this.

Personal Data
Karmel Connect processes personal data provided by the User and Customer in compliance with Karmel Connect’s Privacy Policy. The User and Customer warrants that it has obtained all necessary consent and legal permission to transfer personal data to Karmel Connect for processing.

Data Transfers
By accepting these GTC, the User and Customer acknowledges that Karmel Connect may process data on servers located outside of the User and Customer’s jurisdiction, including servers in jurisdictions that may not have data protection laws equivalent to those in the User and  Customer’s home jurisdiction.

Data Breaches
Karmel Connect will notify the User and Customer of any data breach that may affect the security of personal data. The User and Customer is responsible for notifying data subjects and regulators as required by law.

Limitation of Liability
Karmel Connect’s total liability under this Agreement, whether in contract, tort, or otherwise, is limited to the amount of fees paid by the Customer in the 12 months preceding the event giving rise to the claim. Karmel Connect is not liable for indirect, special, consequential, or incidental damages, including loss of profits, data, or business opportunities.

Karmel Connect and its subsidiaries, affiliates, successors, and assignees, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:

• any loss or damage arising from:
  • your inability to access or use the Services or any part or parts thereof, or to access any content or any external services via the platform;
  • any changes that Karmel Connect may make to the Services or any part thereof, or any temporary or permanent suspension or cessation of access to the Services or any content in or from any or all territories;
  • any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the Services, or any action taken as part of an investigation by Karmel Connect or any relevant law enforcement authority regarding your use of the Services;
  • any errors or omissions in the Services’ technical operation, or from any inaccuracy or defect in any content or any information relating to content;
  • your failure to provide Karmel Connect with accurate or complete information, or your failure to keep your username or password suitably confidential;

• any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or

• any loss of profits, or any loss you suffer which is not a foreseeable consequence of Karmel Connect breaching these GTC. A loss is foreseeable where it could be contemplated by you and Karmel Connect at the time you agree to these Terms of Use, and as such do not include any indirect losses, such as loss of opportunity.

• Any loss, damage (whether financial, physical or emotional) that you have suffered due to the use of the services provided by third parties accessed through our Services.

In no event shall Karmel Connect’s aggregate liability to you exceed the amount of fees paid by you during the preceeding 12 months.

Disclaimer of Warranties
Karmel Connect provides the Services “as is” and “as available,” and makes no warranties, express or implied, regarding the Services’s performance, accuracy, or suitability for the Customer’s particular needs unless otherwise provided for in writing during the use of the Services (such as through written information on our website prior to booking, email verifications or other written confirmation). Karmel Connect disclaims all implied warranties to the maximum extent permitted by law.

Indemnification
The Customer agrees to defend, indemnify, and hold harmless Karmel Connect from any claims, damages, or liabilities arising from the Customer’s breach of this Agreement, misuse of the Services, or violation of applicable laws.

To clarify, you hereby agree to indemnify, defend and hold harmless Karmel Connect, its successors, assignees, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

• any violation by you of these GTC or any applicable guidelines; or

• any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Services.

Termination for Cause
Karmel Connect may terminate this Agreement immediately if the Customer materially breaches its obligations and fails to remedy such breach within 20 days after receiving notice from Karmel Connect.

Effects of Termination
Upon termination, the Customer must cease using the Services, and Karmel Connect will deactivate all access credentials. The Customer must also delete all copies of Karmel Connect’s software and documentation. Karmel Connect will retain or delete Customer Data in accordance with this Agreement. Customer must pay all outstanding invoices.

Independent Contractors
The relationship between Karmel Connect and the Customer is that of independent contractors. Nothing in this Agreement creates an employer-employee, agency, or partnership relationship between the parties.

Subcontractors
Karmel Connect may use subcontractors to provide the Services, but Karmel Connect remains responsible for fulfilling its obligations under this Agreement.

Force Majeure
Neither party is liable for delays or failures to perform resulting from events beyond their reasonable control, such as natural disasters, government actions, war, or internet outages.

If a Force Majeure Event continues for more than 45 days, either party may terminate the Agreement with written notice.

Karmel Connect reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof or any other tool provided through Karmel Connect’s Services, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Karmel Connect shall use its reasonable endeavors to notify Customers or registered Users of such decision in advance. Any such decision will be made at Karmel Connect’s discretion.

You hereby agree that Karmel Connect and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, partners and shareholders shall not be liable to you or to any third party for any changes or modifications to the website and/or any Services that Karmel Connect may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Assignment
The Customer may not assign or transfer its rights or obligations under this Agreement without Karmel Connect’s prior written consent.

Governing Law and Jurisdiction
This Agreement is governed by the laws of the state of California, and any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in the state of California.

Entire Agreement
This Agreement, together with any applicable written guidelines and Privacy Policy, constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.

If you have any further questions regarding Karmel Shuttle’s Terms of Use or our Reservation Service Policy, please contact: marc@karmel.com or 714-670-3496.