DriverOnTap Terms and Conditions of Service
The “Agreement” means a binding contractual obligation between the Company, the Client, and any Third Party that is created when the Client and Third Party request and use the Service provided by the Company subject to the Terms herein.
The “Company” means Koszegi & Ramirez, a Michigan limited liability company, with an assumed name of “DriverOnTap”; along with its affiliates that engage in business with the Client. The Company offers the Service of a Driver to the Client.
The “Client” means people who access the Service of the Company, by request, and then agree to be bound by these Terms and Conditions through his or her use of the Service.
The “Driver” means an employee or agent of the Company designated to fulfill the Service requests made by Client.
The “Service” means the designated driver service provided to the Client in which the Driver drives the Client in the vehicle provided by the client from a start point to a destination (i.e., an “A to B Service”) or for a set amount of time with the same start and end locations (i.e., “Roundtrip Service”).
The “Third Party” means guests of the Client who are present in the Vehicle while the Service is provided by the Driver, and who also agree to be bound by the Terms.
The “Terms” means these Term and Conditions for using the Service described herein, which form the basis of this Agreement.
The “Vehicle” means a registered, insured automobile that is lawfully in the possession of the Client and intended to be used by the Driver for services rendered by the Company.
GENERAL TERMS AND CONDITIONS
READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICE(S).
Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Company. If you do not agree to these Terms, you may not access and use the Service.
The Company offers to drive Clients in their Vehicles for a fee, subject to this Agreement. The goal of the Company is to offer a safe, enjoyable Service to the Client and any Third Party. Under no circumstances will the Client or Third Party use the Company’s Service for illegal purposes or with malicious intent.
The Company only offers the Service in the State of Michigan. The geographical limitations of the Service are determined in the sole discretion of the Company. For any questions regarding the geographic area of the Service, please contact the Company using the information provided below.
A. The Service
1. Applications, Content, & Third-Party Services
Initially, the Service includes a technology platform that allows a Client to request the Company’s Service through the use of mobile application or website (an “Application”) that is provided as part of the Service. The Application allows the Client to request the Company provide a Driver to render the Service. Unless otherwise agreed to by the Company in a separate written agreement, the Service is solely made available to the Client and not for any other party’s commercial use.
Subject to your compliance with these terms, the Company grants the Client a limited, non-exclusive, revocable license to access and use the Application on the Client’s personal device solely for the Client’s personal, non-commercial use. This license further allows the Client to access and use any content, information, or related materials that may be made available through the Service (the “Content”), but only for the Client’s personal, non-commercial use. The Client will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found within the Application. The Company’s Content is not for resale. The Client’s use of the Applications does not entitle the Client to make any unauthorized use of any protected content, and in particular the Client will not delete or alter any proprietary rights or attribution notices in any Content. The Client will use protected Content solely for his or her personal use, and will make no other use of the Content without the express written permission of the Company. The Client does not acquire any ownership rights in any protected Content. The Client does not have any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
In order to use most aspects of the Service, the Client must register and maintain an active personal user Service account (“Account”) through the Applications. Clients must be at least 18 years of age to obtain an Account. Account registration requires that the Client submit certain personal information to the
Company, such as the Client’s name, address, mobile phone number, and age, as well as at least one valid credit card. The Client agrees to maintain accurate, complete, up-to-date information within the Client’s Account. The Client’s failure to comply with any of these Terms may result in their inability to access and use the Service, and the Company’s termination of this Agreement. Clients are responsible for maintaining the security and secrecy of their Account username and password at all times. A Client may only possess one Account.
Additionally, The Company agrees to maintain a telephone dispatch service that has a live operator in service 24 hours a day, seven days per week. The dispatch service telephone number is: 517-242-7906. The Client may call this number during the scheduled hours to request the Company to provide a Driver to render the Services. Unless otherwise agreed to by the Company in a separate written agreement, the Service is solely made available to the Client and not for any other party’s commercial use.
2. Client’s Representation
The Client warrants that he or she has the ability to make sound judgments when requesting the Service through an Application. The Client further warrants that the Client has the mental capacity to enter into this Agreement, and has sufficient mental capacity to make sound decisions.
The Client warrants that he or she has the ability to represent himself or herself. The Client warrants that the Client is not engaging in the use of a false identity. The Client must be able to provide reasonable documentation to prove his or her identity, such as a Michigan driver’s license or passport.
The Client warrants that he or she has legal possession of the Vehicle and the legal ability to allow the Driver to operate the Vehicle on his or her behalf. The Client must have current insurance on the Vehicle, in the coverage amounts required by law.
The Client further warrants that he or she is solely responsible for the actions of any Third Party, as defined herein. It is the Client’s responsibility to ensure that Third Party individuals in the Vehicle are aware of the Terms of this Agreement, and are further aware that they are bound by the Terms of this Agreement.
3. Client’s Vehicle
The Client represents that the Vehicle is properly registered and meets all regulations as imposed by the country, state, city and county regulation it is registered. The Vehicle must not have existing damage or modifications that violate the code of the country, state, city and county regulation. The Vehicle must be properly insured as mandated by law. Specifically, the Vehicle must have current insurance with the minimums required in the state of Michigan, or full coverage for leases. All Vehicle documentation must be readily available at the time of service.
The Vehicle must be in proper working condition and not pose a hazard for the Driver, the Client, and any Third Party. The Client will allow the Driver to conduct an inspection of the Vehicle. The Driver has the sole discretion to determine the length and depth of his or her inspection,to determine the state of the Vehicle.
UNDER NO CIRCUMSTANCES WILL THERE BE ANY ILLEGAL SUBSTANCES IN THE VEHICLE. THIS INCLUDES, BUT IS NOT LIMITED TO, OPEN ALCOHOL CONTAINERS, ILLEGAL DRUGS OR PARAPHERNALIA, FIREARMS, OR ANY OTHER POTENTIALLY ILLEGAL MATERIALS. SIMILARLY, ALL PRESCRIPTION DRUGS THAT ARE TO BE TRANSPORTED BY THE CLIENT OR IN THE VEHICLE MUST BE ACCOMPANIED BY THE PRESCRIPTIONS. AT NO TIME WILL THE VEHICLE BE USED TO TRANSPORT INDIVIDUALS WHO REQUIRE EMERGENCY MEDICAL CARE OR ARE DECEASED. THERE ARE NO ANIMALS ALLOWED IN THE VEHICLE DURING THE SERVICE.
Any maintenance issues that occur during provisions of service are the responsibility of the Client. Accidents on the road are subject to police investigation. All accidents must have a police report filed and reported to the Company administrators for processing and filing of an insurance claim. Specifically, if the crash is severe and/or there are other parties involved, then the Client is obligated to call the police, as well as Company administrators.
4. Service Disclaimers
The Client acknowledges that the Drivers for the Company may or may not hold a chauffeurs license, but will hold a Michigan driver’s license. The Client acknowledges that the Company provides Drivers and the Service in “AS IS” condition. The Client makes no implied or express warranties as to the Service. The Company and its Drivers may not, under any circumstances, be held to a heightened standard of liability.
TO THE EXTENT ALLOWED BY LAW, The Client, along with any Third Party, agrees to indemnify and hold the Company, and its officers, directors, employees, and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: 1) the Client’s use of the Service, 2) the Client’s breach of these Terms, 3) the Company’s use of Content, and 4) any injury to a Third Party or any individuals or entities not a party to this Agreement.
If the Company or Driver determines that there are issues out of the control of Client, Driver, or Company which may render the Service difficult to adequately, safely, or legally provide, then the Service is subject to cancellation. Such issues may include, but are not limited to, severe weather or other acts of God, major events or civil unrest in the pick-up area, or major traffic back-ups along a potential route.
The Company or Driver has the absolute discretion to cancel the Service prior to its start for any reason, including but not limited to, the belligerence of the Client or a Third Party, the condition of the Vehicle, the potential length or ultimate destination of the Service, or any other reason within the personal judgment of the Driver. THE CLIENT AND ANY THIRD PARTY HEREBY WAIVE ANY CLAIM FOR DAMAGES AS A DIRECT, PROXIMATE, OR CONSEQUENTIAL RESULT OF THE COMPANY OR DRIVER CANCELING THE SERVICE.
The Client and any Third Party are jointly and severally liable for any injury or damages to the Driver or Company as a direct, proximate, or consequential result of the actions of the Client or any Third Party. The Company and its Drivers reserve the rights to any potential claims against the Client or Third Party, including all civil remedies and seeking criminal prosecution.
The Service is only provided within the State of Michigan.
B. Payment & Billing Information
The Client agrees to pay the balance in full (“Charges”) upon completion of the Service. Upon giving credit card information to the Company, the Client must have permissive and legal use of the credit card. The Client agrees to pay the balance as per credit card agreement with institution. The Client agrees upon requesting service, that if the Service is canceled by the client, a fee will be imposed and billed to the credit card on record.
The Company will provide the Client with an emailed receipt of the Charges once the Service is completed. The Charges will be inclusive of any fees and applicable taxes are required by law. Charges paid by the Client are final and non-refundable, except as otherwise decided by the Company. The Company reserves the right to establish, remove, and/or revise Charges for any reason prior to provision of Services. Charges may change in certain geographic area due to substantial increases in Service use. The Company will make reasonable efforts to inform Clients of changes in Charges.
Tipping or gratuity is voluntary and not required or included in the Charges. The Client is free to provide gratuity but is under no obligation to do so. If the Client feels unwelcomed or unwanted pressure regarding gratuity, the Client should contact the Company using the information provided below.
1. No Relation Between the Parties
The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and the Company as a result of this Agreement or use of the Service. The Company’s performance of this agreement is subject to existing laws, and nothing contained in this Agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Vehicle Application or information provided to or gathered by the Company with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the Client and the Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Client and the Company with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Changes to the Service
The Company’s Service, including Applications, are updated frequently, and its form and functionality may change without notice. The Company reserve the right to make any changes, whether adding, removing or modifying, the design, functionality, and all other aspects of any and all of the Application and Service, in whole or in part, temporarily or permanently, with or without notice, at any time at the Company’s sole discretion
The Client agrees that we will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to the Application, including, but not limited to, any loss of or inability to do business or to provide or use any Service or Content.