Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the www.luxiumexperience.com
website (the “Website”) operated by LUXI LLC d/b/a “Luxium” (“us,” “we,” “our”) as this Terms of Service contains
important information regarding limitations of our liability. The terms (“Service”) or (Services”) pertain to LUXIUM’s online
reservation services, available through the Site, enabling users to book chauffeured ground transportation services via its
online platform. The term (“You”) collectively encompasses you, as a user of our Site and/or Services, and individuals
utilizing the Site and/or Services on your behalf or on behalf of a business entity, whether as an employee, consultant, or
agent of said business entity. It is assumed that you possess the legal capacity and authority to bind such individuals or
business entities to the Terms of Use Agreement.
By making a reservation with us, you are entering into a contract and agree to be bound to our terms and conditions as
outlined below.
Luxium reserves the right to modify these terms of use at any time without prior notice, and such modifications shall
become effective on the date they are posted on the site. the use of the site and/or services following the posting of such
changes constitutes your acceptance of all modifications. If you disagree with these terms of use, please refrain from
using the site and/or services offered by Luxium.
2. Use of the Site and/or Services
Your engagement with the Site and/or Services must align with the stipulations outlined in the Terms of Use, any
published policies, and procedures on the Site, and should be exclusively for lawful purposes. You explicitly
undertake not to employ the Site and/or Services to: (a) transmit any material that infringes or misappropriate any
third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is
false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage
or alter a computer system without the owner’s consent, (d) deploy “auto-responders,” “cancel-bots,” or other
similar mechanisms generating excessive network traffic, (e) transmit any unlawful, harmful, defamatory,
pornographic, obscene, vulgar, threatening, harassing, or otherwise objectionable material, (f) send or relay
unsolicited advertising or chain letters, (g) exceed your permitted access or attempt unauthorized access to the
Site and/or Services or any part thereof, or other accounts, computer systems, or networks, through login password
mining or any other means, (h) frame any portions of the Site and/or Services within another website or establish
links from any other website to any page of the Site other than the home page, or (i) resell the use of, or access to,
the Site and/or Services to any third party without LUXIUM’s prior written consent. LUXIUM retains the right to
terminate your access to the Site and/or Services at any time without notice if, at our sole discretion, we determine
that you have abused or violated any of these terms and conditions.
3. Use of Services
LUXIUM’s provision to you of the Services may be subject to other terms, conditions, and restrictions posted on
the Site or otherwise communicated in writing to you by LUXIUM, including via email. The Services are subject to
availability across all markets and will be deemed available through an email confirmation provided by LUXIUM.
Please refer to the Frequently Asked Questions page and/or Service Agreement page for more information.
4. Cancellation Policy
According to the terms and conditions of LUXI LLC, a “No Show” occurs when a passenger fails to appear at the
designated location and time specified in the reservation. At airports (for international flights) and seaports, a “No
Show” is applicable after a period of 65 minutes and 45 minutes for domestic flights. Residences, hotels, offices,
etc. “No Show” is applicable after 15 minutes. Flight delays will not be considered as drivers track flights, but if a
client is aware of a delay and requests the driver to wait beyond the allowed time, the client will be charged for
overtime, termed as “waiting time”, as per the prevailing rates.
5. User Registration
You are accountable for preserving the confidentiality of any email username and/or password issued to you by
LUXIUM for the purpose of using the Site and/or Services. All activities under your email username and/or
password are solely your responsibility, and you commit to promptly inform LUXIUM of any unauthorized use of
your email username and/or password or any other security breach concerning the Site and/or Services. LUXIUM
holds no liability for any loss or damage resulting from your neglect to safeguard your email username and/or
password or to adhere to this section.
6. Payment Processing & Terms
LUXIUM employs a third-party payment processor (referred to as the “Payment Processor”) to establish a
connection between your credit card account and the payment for the Services booked on the Site. The handling of
payments or credits, as applicable, related to your utilization of the Site and/or Services is subject to the terms,
conditions, and privacy policies of the Payment Processor and your credit card issuer, in addition to these Terms of
Use. LUXIUM assumes no responsibility for any errors made by the Payment Processor. In the course of your
engagement with the Site and/or Services, LUXIUM will acquire specific transaction details, utilizing them
exclusively in accordance with the Privacy Policy.
You are responsible for all fees, including taxes, associated with your use of the Service. All fees charged to you
by LUXIUM, are due in accordance with the Service Agreement on LUXIUM’s invoices and other formal written
arrangements if any. LUXIUM reserves the right to determine final pricing, and, at its sole discretion, may make
promotional offers with different features and different rates. These promotional offers, unless made to you, shall
have no bearing whatsoever on LUXIUMs final pricing. LUXIUM may change the fees for its Services, as it deems
necessary.
7. No Warranty on Website
LUXIUM’s website is provided “as is,” without any warranties, whether expressed or implied, including but not
limited to warranties of merchantability, satisfactory quality, or fitness for a particular purpose. These warranties do
not apply to the website under any circumstances, whether mandated by law, customary business practices, or
any other means.
The Website may be temporarily unavailable for maintenance or subject to delays, data loss, delivery failures, or
other inherent problems in Internet and electronic communications protocols. LUXIUM assumes no responsibility
for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line
failures, theft, destruction, unauthorized access, or alteration of communications, or any damages resulting from
such issues.
8. Proprietary Rights and Communication with LUXIUM
All contents of this Website and underlying software may be protected by copyright, trademark, patent, and/or
other intellectual property and proprietary rights laws. These are owned by LUXI LLC and/or its licensors. You
agree not to copy, distribute, republish, display, post, transmit, download, or modify any content obtained from the
Site and/or Services without prior permission from LUXIUM, except for downloading or printing information for
personal use related to learning about, reserving, or using the Services.
Any communication or material transmitted to us, including data, questions, comments, suggestions, or the like, is
treated as non-confidential and nonproprietary. Unless expressly covered by our Privacy Policy, anything
transmitted or posted may be used by us for any purpose, including reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, you agree that we are free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to us without compensation for any purpose,
including developing, manufacturing, and marketing products and services.
9. Third-Party Applications
This Website may contain hyperlinks to websites or applications operated by third parties and not by us. Any Third
Party Applications are subject to the terms and conditions of the relevant third-party provider. LUXIUM has no
control over, and is not responsible or liable for, any matters related to your dealings or transactions with such third
parties, including any third-party content, syndicated content, applications, services, sites, advertisements, links,
privacy policies, and/or practices. It is your responsibility to check the privacy policies, terms of service, and usage
of all third-party sites before downloading or using any such Third Party Applications.
10. Warranty Disclaimer
The site and/or services and any information provided through them, including any third party applications or third
party provided information, are provided by Luxium on an “as is” basis. Neither Luxium nor its subsidiaries,
partners, affiliates, vendors, or subcontractors make any representations or warranties of any kind, express or
implied. Luxium disclaims all warranties, including implied warranties of merchantability, accuracy of information,
title, quiet enjoyment, fitness for a particular purpose, and non-infringement, or any warranty arising from course
of dealing or custom of trade. neither Luxium nor any of its subsidiaries, partners, affiliates, vendors, or
subcontractors warrants that use of the site and/or services will be uninterrupted, available at any time or from
any particular location, secure, error-free, that defects will be corrected, or that the site and/or services are free of
viruses or other potentially harmful components.
Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitation of Liability
Liability for services provided by Luxium and its affiliates and drivers is hereby excluded. In any case, Luxium’s
aggregate liability for direct damages arising from or relating to the site and/or services is limited to the greater
of (i) the amount paid by the user to Luxium for the specific service that is the subject of the dispute or (ii) $50.
the foregoing limitations of liability apply regardless of any failure of essential purpose of any limited or
exclusive remedy.
You acknowledge that LUXIUM has agreed to provide the Site and/or Service in reliance on the exclusions of
liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or
consequential damages, so the above limitation may not apply to you.
12. Indemnification
You agree to indemnify and hold LUXIUM, its subsidiaries, partners, affiliates, vendors, subcontractors, officers,
employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable
attorneys’ fees) arising from any third-party claims arising from or related to your use of the Site and/or Services,
or your violation of the Terms of Use, Service Agreement and/or Privacy Policy.
13. Arbitration
Any disputes arising from these Terms of Use or otherwise between the parties shall be resolved through binding
arbitration in the State of Florida, specifically in Miami-Dade County, in accordance with the commercial rules of the
American Arbitration Association as currently in effect. The composition of the arbitration panel will be as follows:
one (1) neutral arbitrator will preside if the amount in dispute is less than $25,000, whereas three (3) neutral
arbitrators will constitute the panel if the amount exceeds $25,000. Each arbitrator must be an attorney with a
minimum of five (5) years of experience in the relevant area of law related to the dispute. The costs of arbitration
will be divided equally between the parties, though the arbitrator reserves the authority to award attorneys’ costs
and expenses to the prevailing party. It is agreed that any actions or disputes shall be solely adjudicated between
the parties involved and shall not be consolidated with actions or disputes of other parties. However,
notwithstanding the foregoing, LUXIUM retains the right to initiate legal action in a court of appropriate jurisdiction
(without being subject to arbitration) to safeguard its intellectual property rights or to prohibit unauthorized use of
the Site and/or Services.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Florida, United
States, without regard to its conflict of laws provisions. Subject to the arbitration provision above, you hereby
expressly consent to exclusive jurisdiction and venue in the courts located in Miami-Dade County, Florida for all
matters arising in connection with these terms of use or your access or use of the Site and/or Services.
15. Section Headings and Summaries
Throughout these Terms of Use, Service Agreement and/or Privacy Policy, each section includes titles and
brief summaries of the following terms and conditions. These section titles and brief summaries are not
legally binding.
16. Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any
court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these
Terms of Use.
17. Waiver and Remedies
The failure of LUXIUM to partially or fully exercise any rights or the waiver of LUXIUM of any breach of these Terms
of Use by you shall not prevent a subsequent exercise of such right by LUXIUM or be deemed a waiver by LUXIUM
of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of
LUXIUM under these Terms of Use and any other applicable agreement between you and LUXIUM shall be
cumulative, and the exercise of any such right or remedy shall not limit LUXIUM’s right to exercise any other right or
remedy.
18. Force Majeure
LUXIUM will not be held accountable for damages resulting from the delay or partial failure to fulfill any of its
obligations related to the Site and/or Services, provided that there is due diligence in attempting performance under
the circumstances. Such delay or failure should be attributed to events such as fire, earthquake, unusually severe
weather, strikes, government-sanctioned embargo, flood, act of God, act of war or terrorism, act of any public
authority or sovereign government, civil disorder, delay or destruction caused by the public carrier, or any other
circumstance substantially beyond the control of LUXIUM.
19. Notice
LUXIUM may provide notice via email or first-class mail to the email address and physical address on record in
LUXIUM’s account database. Notice is considered delivered 48 hours after being postmarked (if sent by first-class
mail) or 12 hours after being sent (if sent by email). You may give notice to LUXIUM by sending a letter via FedEx
or UPS overnight delivery services, or by prepaid first-class mail addressed to LUXIUM’s Chief Executive Officer at
the following address:
LUXI LLC d/b/a LUXIUM
4300 Biscayne Blvd, Suite 203, Miami, FL 33137
20. Entire Agreement
These Terms of Use, along with other policies and terms posted on the Site, constitute the comprehensive
agreement between you and LUXIUM regarding this subject matter, superseding all prior negotiations,
understandings, statements, and agreements between the parties.
21. Contact Information
If you have any inquiries concerning these Terms of Use, feel free to reach out to us at
general@luxiumexperience.com. However, it is important to note that LUXIUM is not obligated to offer technical
support for the Site and/or Services.