Accessible Dispatch App (Serviced by MTM) Terms of Use

Please read these terms carefully. This is a legal agreement between you and Medical Transportation Management, Inc. and they affect your legal rights and obligations.

The Accessible Dispatch Program, serviced by Medical Transportation Management, Inc. (“MTM”), gives residents and visitors with disabilities greater access to green and yellow wheelchair accessible taxis. The program offers a service area that accommodates pick-ups and drop-offs in all five boroughs 24 hours a day, 7 days a week – even on major holidays. Upon registering with MTM through our mobile phone application (“app”), you (hereinafter “you” or the “user”) may book a wheelchair accessible taxi using location-based technology on the app. MTM will use the location services of your network operator to help identify your approximate location. MTM will then ask you to confirm that the pick-up location that has been identified is correct. It is your responsibility as the user to amend the address/location if it is not correct. The app and service described herein (collectively, the “Service”) is provided to you, the user, pursuant to these Terms of Use (“Terms”) and any operating rules, policies, and procedures as currently published on this website (including without limitation, those policies and procedures that pertain to the cost, data protection, and cancellation of the service). By using the Service, you agree to be bound by all the Terms set forth herein. Continued use of the Service is conditioned upon your acceptance of these Terms. Should you not accept these Terms, you must discontinue your use of the Service.

The Service and User Obligations

MTM offers the user the Service and software required to provide the Service. MTM will supply details provided to it by you, the user, to enable yellow and green wheelchair-accessible taxi drivers to receive trip requests and to communicate with you on that basis. The information provider to the yellow and green wheelchair-accessible taxi drivers will include your pick-up location, user name, and masked mobile phone number. In turn, you will receive relevant data about the taxi and driver who will pick you up. User is obligated to provide correct and accurate information. MTM is not responsible for any deficiency or lapse in service arising from or caused by user’s submission of incomplete or inaccurate information. User’s account is private and the user agrees to keep their username and password safe and not disclose it to any third parties. If such information is lost or disclosed for any reason, then user must notify MTM immediately. MTM is not responsible for any damages that arise from or caused by the loss of such information and/or unauthorized access to user’s account.

Fees

The appointment of a taxi through MTM is free and incurs no additional charges to the user beyond regulatory charges (including surcharges) and fares. Any other charges incurred through the use of the Service (such as network charges) are the user’s sole responsibility. By ordering a taxi through MTM, the user agrees to use the Service and to pay all relevant fares, the settlement of which will be bound by the terms and conditions of use between the taxi and the user.

Intellectual Property

The Service may contain proprietary notices and copyright information, the terms of which must be observed and followed. Any content on the app, including but not limited to graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations, and software is the property of MTM and its affiliates, and is protected by United States and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, or licensing creative derivative works or using any content on the app for personal, commercial, or public purposes.

Restrictions

With respect to your access to and use of the Service, you may not: Violate any federal, state, or local law, statute, rule, permit, ordinance, or regulation; Use the Service to stalk, threaten, or otherwise harass any person; Use the Service to post information or interact through the app in any way that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; Remove any copyright, trademark, or other proprietary notices from any portion of the app; Reproduce, modify, prepare derivative works based upon, distribute, license, sell, resell, transfer, or otherwise exploit the Service without MTM’s express written consent; Decompile, reverse engineer, or disassemble the app except as may be permitted by applicable law; or Attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks. MTM reserves the right to exclude the user from use of the Service due to user’s abuse of the Service and/or violation of these Terms.

Disclaimers and Limitation of Liability

MTM does not guarantee that the Service will be uninterrupted, timely, secure, or error free. Use of the Service provided by MTM is done so entirely at one’s own risk and discretion. MTM assumes no responsibility or liability for any services provided, including but not limited to services provided by third party taxicab companies and drivers. MTM does not guarantee the availability of a taxi at any time, nor the availability of the Service. MTM makes no guarantee for and does not vouch for those persons/companies whose goods or services are referred to or displayed by MTM and/or associated websites. MTM makes no guarantee as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through MTM and/or associated websites. MTM makes no guarantees, and will not be held liable for, any information, advice, products, services, adverts or links of any third parties. Users are advised to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies, and other organizations whose goods or services may be displayed or referred to by MTM and/or associated websites. The Service is provided “as is” and “as available”. MTM does not make any warranties or representations, express or implied, including without limitation, any implied warranty of merchantability, any implied warrant arising from the course of dealing, fitness for a particular purpose, and non-infringement, as to the service. MTM further disclaims all warranties and representations with respect to reliability, timeliness, quality, suitability, or availability of the service. You agree that the entire risk arising out of your use of the service remains solely with you to the maximum extent permitted under applicable law. mtm may provide links to other sites as a convenience, but is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by MTM of the linked site. In no event will MTM or its affiliates have any liability for any special, indirect incidental, exemplary, or consequential damages arising in any way from any use of the service, whether or not MTM has been advised of the possibility of these damages. MTM shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the service, or your inability to access or use the service; (ii) ANY Services OR PRODUCTS provided by a third party; or (iii) delay or failure in performance OF THE MTM service resulting from causes beyond MTM’s reasonable control.

Making Reservations through Mobile Phones (Applications or Any Other Methods)

By sending us or requesting a taxi booking request through MTM mobile phone portals or applications (or any other mobile technology), you are deemed to have accepted these Terms. Any information you receive from such portals or applications is provided “as-is”. Use of such information is done at one’s own risk. MTM is not associated with or endorsing any particular person/company that may be featured. You further acknowledge that you are only entitled to use the information received for your own personal use. Intellectual Property Rights subsist in information that may be sent to you and may not be redistributed, broadcasted, retransmitted, stored or made a compilation of. All rights reserved. You recognize that mobile services may, from time to time, be adversely affected by events outside our control and that MTM will not be held liable for any error in, or delay in, or failure in transmission of the services. Mobile services are subject to the limitations of the enabling technology on which they are reliant and may be adversely affected by network performance and other operational factors beyond our control, including without limitation, congestion, network coverage, dropped connections, the performance of your mobile phone and the maintenance of secure network connections. MTM does not accept responsibility if you do not receive your booking confirmation or services for any of these reasons. Furthermore, MTM will not be liable to you in any way for failures, defects or delays in the delivery of aforementioned booking confirmation or services which are caused by one or more of the following reasons: provision of an incorrect phone number before submitting the request, your mobile phone does not support such services, message inbox is full, mobile phone is out of range or un-contactable for some other reason, or you erase the information sent to you. In use of the app, you will receive text messages notifying you of trip confirmation as well as trip tracking. Text and data rates may apply based off of your mobile service provider’s policies.

Changes to the Service

MTM reserves the right, without liability, to change or discontinue any part of the Service, temporarily or permanently, at any time. MTM will give the maximum amount of notice of such changes or discontinuance as is practical under the circumstances. Notice of any changes to the Service will be made available on this website.

Modification of the Terms

MTM may change these Terms from time to time at its sole discretion. Notice of any changes to these Terms will be made available on our website. Any changes become effective immediately after they are made available on our website and/or communicated to users by MTM. Any use of the Service occurring after such date is subject to the amendments. Your continued use of the Service after such date constitutes your acknowledgement and acceptance of the Terms, their modifications, and your agreement to abide by and be bound by the Terms, as amended.

Conduct

You agree that by booking a taxi or private hire vehicle through MTM that you have made a verbal contract with the driver. You agree to meet the driver at the appointed location, make the journey as booked, and pay the full metered fare. 

Privacy

MTM is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information, and the procedures that we have in place to safeguard your privacy. The Information We Collect and How We Use It. When you register with MTM through our website or mobile application, we collect your name, e-mail address, and mobile telephone number. We gather this information to allow us to process your registration, process any bookings you may make, and process queries. The relevant information is then used by us, our agents, and sub-contractors to communicate with you on any matter relating to the conduct of your account and providing you with various services. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual. From time to time we may provide your information to our customer service agencies for research and analysis purposes, so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by e-mail or telephone (as required) to ask you for your feedback and comments on our services. We may also wish to provide you with information about special features of our website, applications, or any other service or products we think may be of interest to you. If you would rather not receive this information, please send a detailed e-mail message to AccessibleDispatch@MTM-INC.net. We may also want to provide you with related information from third parties we think may be of interest to you. If you would rather not receive this information, please send an e-mail to AccessibleDispatch@MTM-INC.net. We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. If you do not wish us to disclose your information in this way, please send an e-mail to AccessibleDispatch@MTM-INC.net. Our Use of Cookies and Other Information Gathering Technologies. The MTM website uses “cookies”. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our websites and identify repeat visitors to our sites. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Cookies do not damage your computer, and usage of a cookie is in no way linked to any personally identifiable information on our site. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. How We Protect Your Information. We respect the privacy and confidentiality of your personal information. As such, we have implemented technical and organizational measures to protect your personal information in accordance with industry standards. When you submit sensitive information via any of the MTM websites, your personal information is protected both online and offline. Wherever we collect such information, the information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address for any of our websites. The computers/servers in which we store personal information are kept in a secure environment. While we use encryption to protect your personal information transmitted online, we also protect your information offline. Only employees, contractors, and agents who need the information to perform a specific job or function are granted access to your personal information, and such individuals are subject to strict contractual confidentiality obligations. We also review our information collection, storage, and processing practices to prevent unauthorized access to our systems and to make improvements when and whenever necessary to ensure continued protection of your information. Ultimately, however, it is important you understand that no security measure is completely secure or infallible (e.g., from malicious intrusion), and we cannot guarantee: complete security of your personal information in every instance. Access to and Control Over Your Personal Information. You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via AccessibleDispatch@MTM-INC.net: See what personal information we have about you, if any; Change, correct, or update any personal information we have about you; Ask us to delete any data we have about you; Express any concern you may have about our use of your personal information. Your Consent. By submitting your information through MTM’s website and/or mobile application, you consent to the use of that information as set out in this privacy policy. If we change the terms herein, we will post the changes on this page and may place notices on other pages of the website so that you may be aware of the information we collect and how we use it at all times. We will also e-mail or SMS you should we make any changes so that you may consent to our use of your information in that way. Continued use of the Service will signify that you agree to any such changes. Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

Jurisdiction

Your access to and use of the Service is subject to all applicable federal, state, and local laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of New York.

Severability

You acknowledge that these Terms are reasonable, valid, and enforceable. However, if any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable, and the remainder of the provisions of these Terms will in no way be affected or invalidated as a result. Where any provision of these Terms is found to be unenforceable, MTM shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.

Entire Agreement

These Terms and any applicable operating rules, policies, and procedures as currently published on this website (including without limitation, those policies and procedures that pertain to the cost, data protection, and cancellation of the service) constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and cancels any and all prior or contemporaneous representations, negotiations, conditions, communications, contracts, and/or agreements, whether oral or written, between the parties relating to the subject matter hereof, and all past course of dealing.  

Contact

You can contact MTM about any problems or questions with these terms and conditions, website or use of the Service. Please contact us via telephone at (646) 599-9999, via relay at 711, via email at AccessibleDispatch@MTM-INC.net or write to us at MTM Inc., Attn: Program Manager, 882 Third Avenue, Unit 7, Brooklyn, N.Y. 11232.