Terms and Conditions

Please read these terms and conditions carefully before using our Service.

Acceptance of the Terms and Conditions

These are the Terms and Conditions governing the use of applications, platforms, websites, content, products, and ride share services (the "Services") and the agreement that operates between each user ("User", "You" or "Your") and The Drivers Cooperative ("Company," "We, "or "Our"). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms and Conditions) set out the rights and obligations of all users regarding the use of the Services and govern Your access to and use of The Drivers Cooperative platform, including any content, functionality, and services offered on our application.

Please read the Terms and Conditions carefully before You start to use the Services. Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services. By accessing or using the Services, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.

The Services

The Drivers Cooperative Services constitute a technology platform that enables persons who seek transportation to certain destinations (the "Riders") to use mobile applications or websites provided as part of the Services to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with The Drivers Cooperative (the "Drivers"). Unless otherwise agreed by The Drivers Cooperative in a separate written agreement with You, the Services are made available solely for Your personal, noncommercial use. YOU ACKNOWLEDGE THAT THE DRIVERS COOPERATIVE DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY DRIVERS WHO ARE NOT EMPLOYED BY THE DRIVERS COOPERATIVE OR ANY OF ITS AFFILIATES.

Your Use of the Services

You must register for and maintain an active personal user Services account within the application to utilize features provided by the application. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Services.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Functionality of services is not guaranteed on any device.

Our community functions best when You follow rules and guidelines outlined in the Terms and Conditions. By accessing and/or using the application or the Services, You agree to comply with the community guidelines (the "Community Guidelines") and that: Your Use of the application and the Services will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; You will not impersonate another User or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity, nor will You collect or harvest any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; You will not use this application or the Services in a manner (as determined by Us in Our sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable; You will not use this application or the Services for hate speech, hate crimes or violence; You will not use this application or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the application or the Services; You will not copy or distribute in any medium any part of the application or the Services, except where expressly authorized by Us; You will not access the Services or content through any technology or means other than through the application itself or as We may designate; You will not use this application or the Services for any commercial use without Our express prior written consent; and You will not take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our technical infrastructure.

We reserve the right to modify, change, or discontinue any aspect of this application or the Services at any time.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by The Drivers Cooperative; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Text Messaging

By creating an account, You agree that the Services may send You text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS) messages from The Drivers Cooperative at any time by following the directions found at [WEBSITE]. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of the Services.

PAYMENT PROCESSING AND HOSTING

You understand that use of the Services may result in charges to You for the services or goods You receive from a Driver ("Charges"). After You have received services or goods obtained through Your use of the Service, The Drivers Cooperative will facilitate Your payment of the applicable Charges on behalf of the Drivers as such the Drivers' limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by You to the Driver. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless otherwise determined by The Drivers Cooperative. You retain the right to request lower Charges from a Driver for services or goods received by You from such Driver at the time You receive such services or goods. The Drivers Cooperative will respond accordingly to any request from a Driver to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by The Drivers Cooperative using the preferred payment method designated in Your account, after which The Drivers Cooperative will send You a receipt by email. If Your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that The Drivers Cooperative may, as the Drivers' limited payment collection agent, use a secondary payment method in Your account, if available. Payment processing services currently provided by Stripe and are subject to the Stripe Terms of Service. By agreeing to these Terms and Conditions, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time. You also authorize us to share with Stripe any information you provide to us and transaction information related to your use of the Service provided by Stripe.

As between You and The Drivers Cooperative, The Drivers Cooperative reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through Your use of the Services at any time in The Drivers Cooperative's sole discretion. Further, You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. The Drivers Cooperative will use reasonable efforts to inform You of Charges that may apply, provided that You will be responsible for Charges incurred under Your account regardless of Your awareness of such Charges or the amounts thereof. The Drivers Cooperative may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Services or the Charges applied to You. You may elect to cancel Your request for services or goods from a Driver at any time prior to such Driver's arrival, in which case You may be charged a cancellation fee.

This payment structure is intended to fully compensate the Driver for the services or goods provided. The Drivers Cooperative does not designate any portion of Your payment as a tip or gratuity to the Driver. Any representation by The Drivers Cooperative (on The Drivers Cooperative's website, in the Application, or in The Drivers Cooperative 's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments You make for services or goods provided is not intended to suggest that The Drivers Cooperative provides any additional amounts, beyond those described above, to the Driver. You understand and agree that, while You are free to provide additional payment as a gratuity to any Driver who provides You with services or goods obtained through the Service, You are under no obligation to do so. Gratuities are voluntary.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles and property resulting from use of the Services under Your account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that Drivers' vehicles reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by The Drivers Cooperative in The Drivers Cooperative's reasonable discretion, The Drivers Cooperative reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver vehicles using Your payment method designated in Your account. Such amounts will be transferred by The Drivers Cooperative to the applicable Driver vehicles and are non-refundable.

Driver Payment

If You are a Driver, You will receive payment for Your provision of Services pursuant to the terms of the Driver Agreement Appendix, which shall form part of these Terms and Services between You and the Drivers Cooperative.

Personal Information and Privacy

Please refer to our Privacy Policy [LINK] for information about how We collect, use and disclose information about You. Our privacy policy governs Our use of Your information. It sets out the types of information We collect, the reasons We collect it, how We use it, where We may send it to any third parties, in what circumstances and for what reasons, and any other relevant information relating to Our use and/or processing of Your information and Your rights in relation to Your information.

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that The Drivers Cooperative does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third party services and content. The Drivers Cooperative does not endorse such third party services and content and in no event shall The Drivers Cooperative be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if You access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service

Links to Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Drivers Cooperative has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Driver Representations, Warranties and Agreements

If providing Services as a Driver, You represent, warrant, and agree that:

1. You possess a valid driver's license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to Riders in all jurisdictions in which You provide Services.
2. You own, or have the legal right to operate, the vehicle You use when providing Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany You in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the community or third parties.
4. You will only provide Services using the vehicle that has been reported to, and approved by The Drivers Cooperative, and for which a photograph has been provided to The Drivers Cooperative, and You will not transport more passengers than can securely be seated in such vehicle (and no more than [NUMBER] passengers in any instance).
5. You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with Your obligations under these Terms and Conditions.
6. You will not attempt to defraud The Drivers Cooperative or Riders in connection with Your provision of the Services. If we suspect that You have engaged in fraudulent activity, We may withhold applicable payments for the ride(s) in question and take any other action against You available under the law.
7. You will not discriminate against Riders with disabilities and agree to review Our Anti-Discrimination Policies. You will make reasonable accommodation as required by law and our policies for those who travel with service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat.
8. You agree that we may obtain information about You, including Your criminal and driving records, and You agree to provide any further necessary authorizations to facilitate our access to such records during the term of these Terms and Conditions.
9. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules You for the operation of the vehicle You use to provide Services.
10. You will pay all applicable federal, state and local taxes based on Your provision of Rideshare Services and any payments received by You.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of The Drivers Cooperative in the course of performing the Services, including any items identified as such in the Statement of Work] (collectively, the "Deliverables") shall be owned by The Drivers Cooperative

License

Subject to Your compliance with these Terms and Conditions, The Drivers Cooperative grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by The Drivers Cooperative and Our licensors.

Ownership

The Services and all rights therein are and will remain The Drivers Cooperative' property or the property of The Drivers Cooperative' licensors. Neither these Terms nor Your utilization of the Services pass on or concede to You any rights: (I) in or identified with the Services aside from the constrained permit allowed above; or (ii) to utilize or reference in any way The Drivers Cooperative' organization names, logos, item and administration names, trademarks or administrations marks or those of The Drivers Cooperative' licensors.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions

Upon termination, Your right to use the Services will cease immediately.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless The Drivers Cooperative and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of Your breach of these Terms and Conditions or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

"AS IS" and "AS AVAILABLE" Disclaimer

The Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Dispute Resolution and Arbitration

Governing Law

The Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world You live, but if You live outside of the United States, You may be entitled to the protection of the mandatory consumer protection provisions of Your local consumer protection law.

Dispute Resolution

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting Us.

Arbitration

You agree that any dispute or claim arising from or relating to the Terms and Conditions shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under the Terms and Conditions will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms and Conditions, You and The Drivers Cooperative are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert Your claim in "small claims" court, but only if Your claim qualifies, Your claim remains in such court, and Your claim remains on an individual, non-representative, and non-class basis.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Entire Agreement - Severability and Waiver

These Terms and Conditions and any policies or operating rules posted by Us on the application or in respect to the application constitutes the entire agreement and understanding between You and Us and govern Your Use of the application and the Services superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated. If We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Services.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: https://www.drivers.coop/contact