TRANSPORTATION PROVIDER TERMS AND CONDITIONS
Last Updated: June 28, 2021
The following Transportation Provider Terms and Conditions (the “Terms”) govern all use of the websites and Services available via the websites at https://www.buster.com/, https://www.busbank.com/ (collectively, the “Sites”), the Buster Marketplace accessible via the https://www.buster.com/ website (the “Marketplace”), and otherwise provided by Global Charter Services, Inc. (d/b/a “Buster” d/b/a “Busbank” d/b/a “FestDrive”, hereinafter "Company," “we,” “our,” or “us”) (collectively, the “Services”).
By using our Services, you (“Transportation Provider” or “you”) agree to be bound by the corresponding terms of these Terms. If you do not agree to these Terms, please do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
For certain features of the Services, such as the ability to access the Marketplace, verify and modify your information on the Services, and accept bookings by end-users (the “Chartering Party”) for the provision of transportation services via the functionality of the Services (“Trips”), you’ll need an account (“Account”). It’s important that you provide us with accurate, complete, and current Account Information (as defined herein). Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
As a Transportation Provider, you must provide certain information and meet certain licensing and insurance requirements as set forth in these Terms and in our Transportation Provider Addendum (collectively, “Account Information”) in order to access and use the Services. Inaccurate or outdated Account Information, or failure to meet the licensing and insurance requirements, may impact your ability to participate in the Marketplace. We reserve the right to suspend your access to or use of the Services if your Account Information is outdated or you do not meet the requirements.
By submitting Account Information to the Services, including your licensing and insurance details and status, and completing setup of your Account, you represent and warrant that you have obtained all required insurance, permits or licenses for you to operate your business in conformity with all applicable laws. You agree that you will immediately notify Company if any of your Insurance or Federal, State or Local permit or license expires or is revoked or terminated. You will be solely responsible for all activities under your Account, including without limitation Drivers, Vehicles, and Trips.
As a Transportation Provider, you may register vehicles that are owned and leased by you and available for Chartering Parties to reserve under your Account (“Vehicles”). For each of your Vehicles, you must provide the information set forth in the Transportation Provider Addendum (collectively, “Vehicle Information”). Pricing and inventory provided for any vehicle is subject to review and may be adjusted by Company to more accurately reflect the Marketplace.
You represent and warrant that all Vehicles registered under your Account are either owned or leased by you, and are solely provided and operated by you. You may not add Vehicles that are registered to, or owned or leased by, another Transportation Provider, including any Transportation Providers in your affiliate network.
Furthermore, you represent and warrant that all Vehicles registered under your Account have been, are, and will be appropriately licensed, registered and inspected in compliance with all applicable laws and any requirements of Company, including without limitation these Terms.
In connection with Transportation Provider’s use of the Services hereunder, you must provide certain information to Company regarding the employees or contractors who will be operating the Vehicles on behalf of the Company for any Trip (each a “Driver,” and such information “Driver Information”), as set forth on the Transportation Provider Addendum.
Transportation Provider represents and warrants that (i) all Drivers performing transportation services shall be properly licensed and endorsed by the issuing state, province or region in which the Transportation Provider is registered, (ii) the Drivers conducting the Trips have all applicable permits or licenses required (whether by a federal, local, state, province or regional authority) for Trips they service, (iii) all drivers will be in compliance with all Federal, State, Province, Regional and/or Local drug & alcohol testing requirements and have negative test results, (iv) in the state of California, all trips requiring a SPAB operator shall have a properly certified SPAB driver, and (v), where required by State, Province, Regional and/or Local requirements, all trips requiring an ISD, 19A or similar operator shall have a properly certified driver. Transportation Provider will be solely responsible for Driver’s acts and omissions, including negligent acts or violations of applicable law.
From time to time, the Company may make certain Trip opportunities available to Transportation Providers within a region for certain Trip Details and at a predetermined price (a “Trip Opportunity”). A Trip Opportunity is delivered to Transportation Providers via the Services or to an email address provided by the Transportation Provider.
Trip Details may be defined by, but not limited to, trip itinerary, vehicle type, vehicle capacity, passenger count, amenities, and ADA/non ADA requirements. Transportation Providers receiving a Trip Opportunity are not obligated to accept a Trip Opportunity, and may reject for price, availability or other reasons which may be designated by the Transportation Provider (e.g. can’t get to the P/U).
A Trip Opportunity is not assigned to a Transportation Provider until it has been accepted by the Transportation Provider and confirmed via the Marketplace. Trip Opportunities are regularly provided to multiple Transportation Providers in a region and become unavailable in the Marketplace once a Transportation Provider accepts it. Transportation Provider activity in the Marketplace, including response time, acceptance/rejection rates and performance may positively or negatively impact a Transportation Provider’s ability to receive further Trip Opportunities via the Marketplace.
From time to time, Company may send Request for Proposals (“RFPs”) to Transportation Providers. Transportation Providers agree to use commercially reasonable efforts to respond to all such RFPs within a reasonable period of time. For the avoidance of doubt, RFPs do not constitute Trip Opportunities, and Company makes no guarantees with respect to the availability of Trip Opportunities, and Company makes no guarantees that any Trip Opportunities matching the specifications of the RFP will be provided to Transportation Provider.
Upon acceptance of the Trip Opportunity by the applicable Transportation Provider, confirmed Trips will be transferred to the Trip Management section where you can input your internal confirmation number into the Trip.
Transportation Provider shall provide the transportation services required by the Trip, such specifics further detailed in the Trip Details, on a safe, clean and roadworthy Vehicle that is in proper operating condition and compliant with all applicable laws. Transportation Provider shall inspect Vehicles a minimum of 30 minutes prior to departure. Transportation Provider agrees to provide all pre/post inspection reports as well as GPS logs to Company upon Company’s request. All amenities identified in the Vehicle Information for the applicable Vehicle shall be roadworthy and provided in working order, including without limitation: televisions, sound systems, restrooms, ADA accessibility, heating, and air conditioning. If Transportation Provider is unable to provide any such amenities, or is unable to provide the Vehicle reserved, Transportation Provider must notify Company via email@example.com no later than 3 days in advance of the Trip. A Transportation Provider may not upgrade or downgrade Vehicle type, size, or quality without consent from Company. Any change in the Vehicle or amenities may result in a rebate or refund to Company for lack of performance.
Transportation Provider shall provide to Company the Driver and all applicable Driver Information no later than 2 days prior to the Trip. The Driver and Vehicle for the Trip shall be on site for staging no later than 15 minutes prior to scheduled Trip departure time as set forth in the Trip Details. Unless otherwise arranged with Company, both the Driver and Vehicle initiating the trip will remain with Chartering Party through the completion of the Trip.
Services for confirmed trips will be provided only on Vehicles owned or leased and insured by Transportation Provider. If Transportation Provider is unable to fulfill a trip using Transportation Provider’s owned or leased Vehicle, Transportation Provider will notify Company immediately. Furthermore, in the event the Transportation Provider overbooks Trips in Transportation Provider’s internal reservation system, Transportation Provider shall treat Company Trips as preferred Trips and agrees not to cancel or farm-out Company Trips before cancelling or farming-out non-Company trips.
Transportation Provider shall stay up to date with all federal, state, province, regional and/or local traffic and weather advisories, warnings and closings and adhere to the strictest interpretation of such communications. In the event Transportation Provider is uncertain regarding travel, Transportation Provider shall contact Company at first notice.
Transportation Provider agrees to promptly notify Company of all irregular operations, including but not limited to: delays, mechanical failures and service issues as they occur. Company will use commercially reasonable efforts to work with Transportation Provider and Chartering Party to resolve issues.
In the event a change is made to a Trip, a notification will be sent to the Transportation Provider from firstname.lastname@example.org. The Transportation Provider must review and acknowledge all trip change notifications within 24 hours via the Acknowledge Edit function available within each modified trip. Trip changes may result in price adjustments based on the rates defined in the Transportation Provider’s Account and/or the rate previously negotiated. Company will work in good faith with its Chartering Parties to provide finalized itineraries at least 3 days in advance of travel.
In the event a cancellation must be made to a Trip by Company for any reason, a notification will be sent to the Transportation Provider from email@example.com. The Transportation Provider must review and acknowledge all trip cancellation notifications within 24 hours via the Acknowledge Cancellation function available within each cancelled trip.
Unless otherwise mutually agreed by the parties, the following cancellation terms shall be in effect for all confirmed Trips: Trips cancelled by a Chartering Party outside of 7 days from travel will not be subject to a cancellation fee. Trips cancelled by a Chartering Party between 24 hours and 7 days from travel will be subject to a 50% cancellation fee, and trips cancelled within 24 hours from travel will be subject to a 100% cancellation fee. Transportation Providers will receive payment for cancelled trips in accordance with these guidelines.
Trips cancelled due to circumstances resulting from Force Majeure as outlined in the section, Force Majeure, shall not be subject to this cancellation policy, and Company will have no obligation to compensate Transportation Providers in accordance with the cancellation policy.
In the event a Transportation Provider is unable to fulfill an accepted and confirmed Trip and travel is (i) within 7 days, the Transportation Provider must immediately contact Company via email at: firstname.lastname@example.org and phone at 212-220-3856, or (ii) 8 days or more in the future, contact may be via email at: email@example.com (phone optional). Transportation Provider agrees that it will not "farm out" the Trip to another Transportation Provider, including the Transportation Provider’s affiliate network (if applicable), without Company’s prior written consent. All farm out requests must be approved by a Company representative to ensure proper GCS insurance coverage is in place.
Upon Company approval of a farm out request, Transportation Provider shall (i) procure an alternative transportation provider subject to Company's approval to include at a minimum requirements as outlined in the Transportation Provider Addendum, Sections 2-6, or (ii) release applicable trip(s) to the Marketplace subject to a fee that is the greater of $100 or 25% of the predetermined rate for the Trip. Fees shall be applied in the form of a credit to the Company on future trips. Farm outs requested within 24 hours of trip acceptance will be released to the Marketplace, and will not be subject to a fee. Repeated farm out requests may impact a Transportation Provider's ability to receive further Trip Opportunities through the Marketplace.
Transportation Providers may close a completed Trip via the functionality of the Services starting one (1) day after trip completion. Transportation Providers must close the completed Trips in their Account, and inform the Company of any and all additional fees, tolls, or charges that must be included when closing the applicable Trip. Additional fees, tolls, or charges are subject to the Company’s review and may not be added after a trip has been closed. Trips must be closed within seven (7) days of trip completion in order for any additional fees to be reviewed by Company. Payments for any such additional fees will be made pursuant to the section "Payment,” and will only be made once all additional fees, tolls or charges have been resolved with the applicable Chartering Party.
Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, and images. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
By making any User Content available through the Services you hereby grant to Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
We may make available through the Services content that is subject to intellectual property rights (“Our Content,” and together with User Content, “Content”). We retain all rights to that content. Except as expressly authorized by Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from Our Content.
Certain reviews from Chartering Parties evaluating the Transportation Provider may be viewable on the Marketplace (each, a “Review”). Reviews are supplied directly by Chartering Parties to third party review aggregators (including Google and Trustpilot) and do not reflect the opinion of Company. Company does not provide and takes no responsibility for Reviews. Reviews are not verified by Company for accuracy and may be incorrect or misleading. If you come across a Review that you feel is misleading or may violate these Terms, please let us know by reporting it via the functionality of the Services, or by emailing us at firstname.lastname@example.org.
You agree not to do any of the following:
Additionally, as a Transportation Provider, you agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Unless otherwise agreed, the following payment processes and methods shall be in effect for all confirmed and completed trips. Company uses a third-party payment processor, Stripe, for Automated Clearing House (ACH) transactions through a payment account linked to your Account on the Services (your “Billing Account”). Transportation Providers may receive payment via direct deposit to such Transportation Provider’s pre-authorized bank account as detailed below. Subject to the terms and conditions of these Terms (including, but not limited to, a Chartering Party’s right to dispute certain charges as set forth herein), seven (7) days after a Transportation Provider closes a Trip (as described herein), the Trip cost and fees due to Transportation Provider shall be authorized for direct deposit into Transportation Provider’s pre-authorized bank account. We reserve the right to correct any errors or mistakes that are made even if Stripe has already requested or received payment, and to provide any necessary refunds or adjustments, including by making direct deposits, debits, or credits to a pre-authorized bank account as applicable.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, and you must promptly notify us or our payment processor if your payment method is canceled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
Disputed Payments, Refunds, and Damage Payments. Each Transportation Provider acknowledges and agrees that Company may, in its sole discretion, choose to refund fees to certain Chartering Parties, and that Company shall have no liability to Transportation Provider for any refunds Company elects to make. Furthermore, each Transportation Provider hereby acknowledges and agrees that Company may, in its sole discretion, elect to modify damage payments and additional expenses submitted by Transportation Provider, and that Company shall have no liability to Transportation Provider therefore.
Alternate Payment Methods. Transportation Providers who elect to receive payment via alternate methods, such as credit card, wire transfer, check and manual ACH directly from Company bank, may do so at their own expense. Transportation Provider will be solely responsible for all fees (including without limitation any credit card or other processing fees) associated with such alternative payment method.
By accessing and using the Services as a Transportation Provider, you represent and warrant that you and your Drivers shall comply with all applicable federal, state and local laws and regulations, including without limitation all local, state and federal ordinances, statutes, laws, rules and regulations applicable to transportation services (and specifically including any government-imposed travel restrictions, lockdown, quarantine, or stay-at-home order), and shall obtain all applicable permits, licenses, and safety inspections necessary to provide Trips. Such laws include, but shall not be limited to: employment laws, workers’ compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Federal Motor Carrier Safety Administration (FMCSA) regulations and all Occupational Safety and Health Administration (OSHA) regulations applicable to transportation services. In addition, you are solely responsible for maintaining all applicable permits, registrations, and other items as required by governing authorities in connection with your use of the Services and provision of Trips.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
You are responsible for all of your activities taken in connection with the Services, including without limitation the provision of transportation services pursuant to any Trip booked via the Services. Transportation Provider shall defend, indemnify, and hold harmless Company, Company’sclients, Company’s affiliates and each of its affiliates’ employees, contractors, directors, suppliers and representatives from any and all costs, damages, liabilities and expenses (including reasonable attorneys' fees) resulting from any third party claims, disputes, proceedings, and actions, that arise from Transportation Provider’s or any Driver’s: (i) access to and use of the Services, (ii) User Content, (iii) violation of these Terms or any applicable addendum, including without limitation the Transportation Provider Addendum, (iv) negligence or willful misconduct, or (v) violation of applicable law, rule, or regulation. Furthermore, if a Transportation Provider (a) transacts with Chartering Parties (including the fulfillment of Trips in a manner not authorized by Company), (b) does not directly fulfill a Trip for which it has been booked itself (ie: vehicle substitution), or (c) farms out a Trip to a third party, such Transportation Provider agrees to defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (a) (b), or (c).
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY AND ALL THIRD PARTY INFORMATION PROVIDED THROUGH THE SERVICES) IS PROVIDED BY COMPANY ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICES WILL MEET TRANSPORTATION PROVIDER’S REQUIREMENTS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY VEHICLE INFORMATION, DRIVER INFORMATION, CHARTERING PARTY, BOOKING AGREEMENT, TRIP, TRIP OPPORTUNITY, TRIP DETAILS, REVIEW, OR OTHER DATA PRESENTED VIA THE SERVICES, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT MIGHT OTHERWISE PASS THROUGH FROM TRANSPORTATION PROVIDER TO CHARTERING PARTIES VIA THE SERVICES. COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, TRUTH, ACCURACY, OR LEGALITY OF ANY TRIPS, TRIP DETAILS, OR TRIP OPPORTUNITIES, OR (II) THE PERFORMANCE OR CONDUCT OF ANY USER OR THIRD PARTY. COMPANY FURTHER MAKES NO WARRANTIES REGARDING THE NUMBER OF TRIPS OR TRIP OPPORTUNITIES TRANSPORTATION PROVIDER WILL RECEIVE THROUGH THE SERVICES NOR DOES COMPANY REPRESENT OR WARRANT THAT TRANSPORTATION PROVIDER WILL RECEIVE ANY TANGIBLE BENEFITS OR GUARANTEES FROM THIS AGREEMENT.
TRANSPORTATION PROVIDER AGREES THAT ACCEPTANCE AND PERFORMANCE OF TRIPS MAY CARRY INHERENT RISK, AND BY ENTERING A BOOKING AGREEMENT, ACCEPTING A TRIP OPPORTUNITY, OR USING THE SERVICES, TRANSPORTATION PROVIDER AND TRANSPORTATION PROVIDER’S DRIVERS CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. TRANSPORTATION PROVIDER ASSUMES FULL RESPONSIBILITY FOR THE CHOICES TRANSPORTATION PROVIDER AND TRANSPORTATION PROVIDER’S EMPLOYEES OR CONTRACTORS MAKE BEFORE, DURING AND AFTER THE APPLICABLE TRIP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS PAID OR ARE PAYABLE BY COMPANY TO YOU FOR THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may terminate or deactivate your Account at any time by sending an email to us at the contact information listed below.
By terminating or deactivating your Account, you acknowledge and agree that, while your Account will be terminated or deactivated (as applicable), the Company may retain certain Account Information, such as in the event you wish to reactivate the Account at a later date. By registering for an Account, you hereby consent to the Company’s retention of the applicable Account Information. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: Sections 15 (Restrictions), 16 (Payment), 17 (Compliance with Laws), 19 (Indemnification), 20 (Disclaimers), 21 (Limitation of Liability), 22 (Termination), 27 (Force Majeure), 28 (Apple Device Terms), 29 (Dispute Resolution) and 30 (Miscellaneous).
Transportation Provider agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Services or any information provided on or pursuant to the Services except in full compliance with all United States, foreign and other applicable laws and regulations.
Company respects copyright law and expects its users to do the same. It is Company’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
When you visit the Site or send e-mails to Company, you are communicating with Company electronically. You hereby consent to receive communications from Company electronically. Company will communicate with you by e-mail, text, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Company provides to Transportation Provider electronically satisfy any legal requirement that such communications be in writing.
If you choose to use the Services as a Transportation Provider, your relationship with Company is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Company. Company does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of transportation services, acceptance of a Trip Opportunity, or otherwise. You acknowledge and agree that you have complete discretion whether to accept Trip Opportunities or otherwise engage in other business or employment activities.
Neither party shall be liable for any failure or delay in performing their obligations under the Services, and neither party shall be deemed in breach of its obligations thereunder, if such failure or delay is due to Acts of God, natural disasters, pandemic, national, state or local states of emergency, governmental action, acts of war or terrorism, labor strike or lock-out, or other industrial or transportation accident caused by any third-party, any violation of law, regulation or ordinance by any third-party or any other cause not within the control of Company or the Transportation Provider, respectively.
This Section 28 applies to any mobile application (“App”) that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
Any dispute arising out of, relating to or concerning this Agreement (or any document comprising this Agreement) shall, as a condition precedent to any arbitration or court proceeding, be mediated by the parties. The parties shall mutually agree upon a mediator, and shall schedule and conduct mediation at a mutually convenient time and place. Each party shall bear its own costs, fees and expenses associated with such mediation, except that the parties agree to split equally the costs and expenses of the mediator and the conduct of the mediation itself.
Any dispute which is not resolved by mediation and which arises out of, relates to or concerns this Agreement will be resolved by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All arbitration hearings shall be conducted in New York City, New York. Each party will bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator or panel and the conduct of the arbitration itself. Transportation Provider agrees to bring any claim or dispute against Company (including payment disputes) within one year after the occurrence of the event giving rise to such dispute. The laws of the State of New York, excluding its conflicts of law rules, shall govern this Agreement, and all disputes arising out of or relating thereto. COMPANY AND TRANSPORTATION PARTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate any third party claims with either party’s claims, and may not otherwise preside over any form of a representative or class proceeding.
These Terms, together with the Transportation Provider Addendum and any policies or procedures that may be published from time to time on the Site by the Company, constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by Transportation Provider except with Company’s prior written consent. Company may transfer, assign or delegate these Terms and its rights and obligations without consent. Both parties agree that these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms. With the exception of any of the provisions in Section 30 of this Agreement ("Dispute Resolution and Governing Law for Transportation Providers"), If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
TRANSPORTATION PROVIDER ADDENDUM