Terms & Conditions
Zoom Ride does not discriminate. Zoom Ride follows all federal, state, and local laws prohibiting discrimination. Driver and Rider photos are provided for the safety of both Drivers and Riders. Zoom Ride will also make every attempt to accommodate requests based on religious practice and disability access.
Welcome to the Zoom Ride, we run and control Zoom Ride app and we provide services to you subject to the notices, terms, and conditions set forth in this agreement (the « Agreement »). This Agreement between you (“you”, “your” or “yours”) and Opio, LLC and its subsidiaries and affiliates (“Zoom Ride,” “we,” “us” or “our”) with respect to your use of the Zoom Ride application, website, and/or technology platform (collectively, the “Zoom Ride Platform”) and our Services (as defined below). Please read this Agreement carefully before using the Zoom Ride Platform or our Services. In addition, when you use our app or any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. ACCESSING, BROWSING OR OTHERWISE USING THE ZOOM RIDE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
PLEASE TAKE NOTICE: THAT THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE WHICH GOVERN YOUR USE OF THIS APP, AND THE MANNER OF SETTLING DISPUTES WITH ZOOM RIDE. PLEASE BEAR IT IN MIND THAT ANY DISPUTE TO BE RESOLVED WITH ZOOM RIDE MUST BE ON AN INDIVIDUAL CAPACITY; AND THEREFORE, PLAINTIFF OR CLASS MEMBER IN ANY CLASS, OR REPRESENTATIVE ACTIONS ARE NOT ALLOWED. SUCH DISPUTE SHALL BE SUBJECT TO A FINAL ARBITRATION AND BINDING ARBITRATION.
Changes and Modifications to this Agreement
We shall have the right at any time and without prior notice, at our sole discretion, to revise this Agreement or to impose new terms and conditions with respect to access to or use of the Services. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing this Agreement periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to this Agreement. Any access of the Zoom Ride Platform or use of our Services by you after revisions or additions to this Agreement shall constitute and be deemed to be your acceptance of such revisions or additions.
Zoom Ride Platform is a platform whereby persons desiring transportation services (‘’Riders’’) are able to meet service providers (each a ‘’Driver’’) who in turn offers to the Rider transportation services to the Rider’s desired place of destination and/or may provide for delivery services and logistics (the “Service”).
The Driver and the Rider (collectively referred to as ‘’User” or “Users”’) must maintain an account with Zoom Ride in order to be able to access or use this Service. A User must register for and maintain an active personal User Account (defined below).
As a User, you agree that Zoom Ride app can link you up with either a Driver or a Rider using the platform efficiency, location, your destination, user preferences, and cancellation of any arrangement made between Driver and a Rider.
EACH TIME A RIDER REQUESTS OR USES OUR SERVICES, THE RIDER CONSENTS TO THIS SECURITY RECORDING ON BEHALF OF HIS OR HERSELF AND ANY OTHER PERSONS THAT RIDER INVITES INTO THE VEHICLE (INCLUDING MINORS). EACH RIDER IS SOLELY RESPONSIBLE FOR ENSURING THAT ANY OTHER PERSON HE OR SHE INVITES INTO A ZOOM RIDE VEHICLE IS FULLY AWARE OF THESE RECORDINGS AND CONSENTS TO BEING RECORDED BEFORE SUCH PERSON ENTERS ANY ZOOM RIDE VEHICLE. BY ENTERING A ZOOM RIDE VEHICLE, EACH RIDER AGREES THAT HE OR SHE HAS RECEIVED SUCH CONSENT FROM SUCH OTHER PERSONS. EACH TIME A DRIVER ACCEPTS A RIDE OR USES OUR SERVICES, THE DRIVER CONSENTS TO THIS SECURITY RECORDING.
User Account and Information
In order to use our Services, you must register for and maintain an active personal user account (“User Account”). Account registration requires you to submit to Zoom Ride certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Zoom Ride. In order to use our Services, Drivers must at all times have an active account picture that is their driver’s license id photo or a photo approved by Zoom Ride as an active account picture. You agree to maintain accurate, complete, and up-to-date information in your User Account. Your failure to maintain accurate, complete, and up-to-date User Account information, including without limitation, having an invalid or expired payment method on file or a Driver’s failure to maintain an active account photo, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Zoom Ride in writing, you may only possess one User Account.
The Zoom Ride Platform may only be accessed and used by persons who can form legally binding contracts under applicable law. The Zoom Ride Platform shall not be available to minors (persons under the age of 18). When you agree to be a User, you represent and warrant that you are at least 18 years old. You also represent and warrant that you have the capacity, right and authority to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your account.
As a User Account holder, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that Zoom Ride cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
When you open an account with us, ensure to always provide true, correct information and complete information. If we find out that the information you provide to us is incorrect or inadequate, it will result to a breach of the terms and conditions set forth herein; and may leave us with no choice than to terminate your account on our service.
Communications with Zoom Ride
Pursuant to this Agreement or by using the Zoom Ride Services, Users agree to receive various communications from Zoom Ride. This includes the following: e-mail; SMS or text messages; calls; and push notifications. Users agree that SMS or texts, calls or messages that are prerecorded may be produced through automated telephone dialing systems.
Any type of communications from Zoom Ride, may include but are not limited to the following items:operational communications about your User account or using the Zoom Ride Services. This includes updates about new and existing features on the website or application, marketing and advertising communications about promotions from us or our third-party partners. This also includes any news about Zoom Ride and other types of industry news and developments. Standard text messaging rates and charges applied by your network provider will apply to the text messages that will be sent.
IF YOU NO LONGER WANT TO RECEIVE COMMUNICATIONS LIKE PROMOTIONAL AND MARKETING EMAILS, YOU CAN UNSUBSCRIBE AND REMOVE YOURSELF FROM OUR PROMOTIONAL EMAILING LIST BY CLICKING THE UNSUBSCRIBE OPTION FOUND IN THE PROMOTIONAL EMAIL. IF YOU NO LONGER WANT TO RECEIVE ANY PROMOTIONAL CALLS, MESSAGES OR TEXTS, YOU MAY DO SO BY FOLLOWING THE INSTRUCTIONS THEREIN.
Network Access and Devices
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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Zoom Ride does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Referral and Promotion
Zoon Ride, in its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Zoom Ride. Zoom Ride reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Zoom Ride determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
In connection with any promotions or promotion codes, You agree that:
- You shall not sell or commercialize any promotion or promotion code to the public in any manner at all, unless you have received the express written authorization of Zoom Ride.
- Any promotions or promotion codes shall only valid to be redeemed with Zoom provided it is made directly to you.
- You shall not sell or trade your promo code.
- You agree that Zoom Ride shall have the right to restrict or ban your account if you engage in any form of advertising of the code on any social media network.
From time to time, Zoom Ride may offer Users incentives to refer your friends and family to become new Riders of the Zoom Ride Platform (the “Referral Program”). These incentives may come in the form of Zoom Ride credits or any other form as Zoom Ride deems appropriate. Zoom Ride may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Zoom Ride codes and participation in the Referral Program is subject to this Agreement and the specific Referral Program rules.
Payment/Manner of Charging
As a Rider, you understand and agree that a request and/or use of the Services will result in charges to you (“Charges”). Charges for Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth in the Zoom Ride app, plus any tips to the Driver that you elect to pay. Zoom Ride has the authority and reserves the right to determine and modify pricing by quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request as described in the Zoom Ride app. You are responsible for reviewing the applicable price quote within the Zoom Ride app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. Zoom Ride may update any of the Charges for the Services at any time.
Zoom Ride will quote you a fare (“Fare”) when you make a request for transportation services (“Ride”). This Fare quote is still subject to modification or change until there is confirmation of the ride request. However, during your trip if you switch or change your destination, add or make multiple stops, or in any way cheat or attempt to abuse the Zoom Ride Platform, we have the option to cancel the Fare quoted to you and instead charge you a variable fare based on two factors — the time plus the distance of your ride.
Riders are at liberty to cancel any requested ride, but such a cancellation shall result in a fee. Whenever a ride request is made but you refuse or fail to honor such request, please note that this shall result in fee. You may also be charged if you fail to show up after requesting a ride. Additional information shall be provided in the Zoom Ride app upon attempt to cancel.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, 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 situations where a Driver reports that a Rider has taken action requiring the Repair or Cleaning of the Driver’s vehicle, the Rider agrees to pay a “Damage Fee” amounting up to $250. This amount will depend on the type of the damage (this will be determined by the sole discretion of Zoom Ride). We reserve the right, but we are not under any obligation to verify or otherwise require any type of documentation pertaining to the damages before the damage fee can be processed.
Please note during period of high demands for Service, our Fares are likely to increase. Based on this agreement, you accept and acknowledge that Charges may increase when there is a high demand for Services. We will do our best to inform you if any high demand multipliers are in effect at the time you make a request.
Please note that all payments or fees made are non-refundable and final for all payment made on this platform either you chose to terminate the usage of Zoom Ride app or for any other purpose except as determined by Zoom Ride.
Credit Card Authorization
When adding a new method of payment or every ride request, Zoom Ride may ask the authorization of the payment method you selected to check the veracity of the payment process, make sure the cost of the ride will be covered, and most importantly protect against illegal or unauthorized behavior.
Such authorization is not a charge. Keep in mind however that it may minimize your available credit by the authorization amount until the next processing cycle of your bank. In case the amount of our authorization will exceed the total amount on deposit in your account, it is possible that you may be subject to overdraft of NSF charges by the bank that issued your debit or prepaid card. Zoom Ride cannot be held accountable for these charges and will be unable to assist you in getting them back from your issuing bank.
Payments to Drivers
Drivers will receive payment for provisions of Services pursuant to the terms provided upon sign-up within the Zoom Ride app for Driver which forms part of this Agreement.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the ‘’Zoom Ride app’’ only for the purpose of service described herein and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this app or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the app or site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders for any reason or no reason at all.
Users agree that they shall not engage in any of the following:
- stalk, threaten, or otherwise harass any person, or carry any weapons when using the Service;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Zoom Ride Platform or the servers or networks connected to the Zoom Ride Platform;
- post Information or interact on the Zoom Ride Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Zoom Ride Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Zoom Ride Platform or any software used on or for the Zoom Ride Platform;
- corrupt data, hack into any aspect of the service or cause a provocation on other Zoom Ride Platform users.
- send any spam (i.e. unsolicited advertising or promotional materials) or a plot to disrupt the performance of the computer facilities of or accessed through any portion of the Zoom Ride Platform;
- upload obscene and corrupt photos or videos including without limitation pornography;
- rent, lease, lend, sell, redistribute, license or sublicense the Zoom Ride Platform or access to any portion of the Zoom Ride Platform;
- transfer or sell your User Account, password and/or identification to any other party;
- cause any third party to engage in the restricted activities above
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- impersonate any person or entity; or
Zoom Ride may serve as a platform for Users to pass information such as online posting of information. Therefore, Zoom Ride shall not be responsible for User’s information or communication with members of the public.
While using the service, Users shall be peaceful, friendly and avoid any act that may constitute inconvenience, maltreatment, contempt, vulgar language and any obscene act to any other party who may be connected with the use of this Service.
You must not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Any contravention of any of the terms and conditions expressly set out here will result into substantial and irreparable which may also amount to a criminal offense. We will report such contravention and violation to the relevant law enforcement agencies and reveal your identity to them so be properly guided please as we frown against illegality and wrongful use of any portion of the Zoom Ride Platform.
Third Party Links
We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its Content, and thus we cannot be held liable for the privacy of the information or terms on their website or app as well as their services or that which you voluntarily share with their website or app. Zoom Ride (Zoom Ride app) is not responsible for the provision or support of their Services in any manner. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Confidential Information as well as their products and services.
Subject to your compliance with these Terms, Zoom Ride grants you a limited, non-exclusive, non-, revocable, non-transferable license to:
- access and use the app on your personal device solely in connection with your use of the Services; and
- 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 Zoom Rideand Zoom Ride’s licensors.
You agree that you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Zoom Ride app the license to the User.
For easy access and use of your Information for the services described herein, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, display your Information to incorporate into other works, such Information, in any media now known or not currently known.
All content included on this app and website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property Zoom Ride or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Zoom Ride, with copyright authorship for this collection by Zoom Ride, and protected by international copyright laws.
You are granted only limited access for the purpose of viewing the material contained on this website. You are not permitted to publish, manipulate or distribute in any format, any of the copies of the content supplied to you or which appears on this website or use such content in connection with any business or commercial enterprise.
Trademarks and Copyright
All trademarks on this website belongs to each trademarks owners so therefore except the contrary is expressly stated, all persons (inclusive of their names and images), third party trademarks and contents or locations featured on this website are in no way associated or affiliated to Zoom Ride app and should rely on the existence of such connection or affiliation. Where a brand name is referred to, it is only used to describe the products and services and it is in no way an assertion that such products or services are endorsed by or connected to Zoom Ride app.
This disclaimer governs the use of our service. Please note that by using this service, you agree to be bound by the content of this disclaimer. If you are at variance with any part of this disclaimer, please do not use this service.
The Information from, on or through this platform is provided ‘’AS-IS’’ ‘’AS AVAILABLE’’ and we disclaim all warranties, express or implied (including but not limited to the disclaimer of any implied warranties of merchantability and fitness to purpose.
While we ensure that the information on here is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this platform and the use of this service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
We do not warrant that your use of the Zoom Ride Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Zoom Ride Platform will be corrected, or that the Zoom Ride Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Zoom Ride Platform or Services.
You agree that under no circumstances, shall Zoom Ride its officers, agents or anyone else involved in creating or providing the service be liable for any direct, indirect, incidental, special or consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, communication failure, theft, destruction or unauthorized access to our records, programs or services.
Zoom Ride does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Zoom Ride does not provide transportation services, and Zoom Ride is not a transportation carrier. Zoom Ride is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Zoom Ride Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Zoom Ride Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
By using the Zoom Ride Platform and/or our Services, you acknowledge and agree that such use is at your own risk. Zoom Ride `is responsible only for transportation of its own vehicles in accordance with applicable tariffs and limitations and assumes no responsibility for any acts or omissions of others, except as imposed by law. Unless caused by its own negligence or that of its employees, Zoom Ride shall not be liable for loss, damage, or delay caused by (1) any action or inaction by a Rider or guest of a Rider, (2) the nature of the property or defect, (3) weather delays, (4) an act of God, public enemies or terroristic activity, (5) bad conditions of roads or (6) any other causes beyond Zoom Ride’s control.
Zoom Ride is not responsible for the conduct, whether online or offline, of any User of the Zoom Ride Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Zoom Ride Platform and participating in the Services, you agree to accept such risks and agree that Zoom Ride is not responsible for the acts or omissions of Users on the Zoom Ride Platform or participating in the Services.
You are responsible for the use of your User Account and Zoom Ride expressly disclaims any liability arising from the unauthorized use of your User Account. Should you suspect that any unauthorized party may be using your User Account or you suspect any other breach of security, you agree to notify us immediately.
You will defend, indemnify, and hold Zoom Ride including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Zoom Ride Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Driver, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Zoom Ride Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
ZOOM RIDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ZOOM RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOM RIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ZOOM RIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOM RIDE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZOOM RIDE’S REASONABLE CONTROL. THE ZOOM RIDE APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY SERVICE PROVIDERS, HOWEVER ZOOM RIDE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ZOOM RIDE RECOGNIZES THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE IN THOSE JURISDICTIONS, ZOOM RIDE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.IF THE LAWS APPLY TO YOU, THERE IS POSSIBILITY THAT THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND THEREFORE GIVE RISE TO OTHER RIGHTS TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ZOOM RIDE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE THOUSAND DOLLARS ($5,000.00). TO THE EXTENT THAT FOREGOING EXCLUSION OF OR THE LIMITATION OF ZOOM RIDE’S MAXIMUM AGGREGATE LIABILITY, IS IN VIOLATION OF THE LAW IN CERTAIN STATES OR JURISDICTIONS, ZOOM RIDE’SMAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF ZOOM RIDE ARISING OUT OF THIS AGREEMENT WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ZOOM RIDE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
This Agreement is effective upon your creation of a User Account. This Agreement may be terminated: a) by User, at time by deleting the User Account and ceasing to use the services; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Zoom Ride may terminate this Agreement, suspend your User Account or deactivate your User Account for any reason or no reason at all. In addition Zoom Ride reserves the right to immediately suspend your User Account or deactivate your User Account if you engage in any conduct that we believe, in our sole discretion: (i) violates any term or provision of this Agreement, (ii) violates the rights of Zoom Ride or third parties, or (iii) is otherwise inappropriate for continued access and use of the Services. Unless otherwise expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Information related to your account and may bar your access to your account and the Services.
Agreement to Arbitration
By agreeing to this Agreement, you agree that you are required to resolve any claim that you may have against Zoom Ride on an individual basis in arbitration, as set forth in this section Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against Zoom Ride, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Zoom Ride by someone else.
You and Zoom Ride agree that any dispute, claim or controversy arising out of or relating to (a) these this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the this Agreement, will be settled by binding arbitration between you and Zoom Ride, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration.
YOU AGREE AND ACKNOWLEDGE YOU HAVE READ THIS ARBITRATION AGREEMENT CLAUSE AND BY GIVING YOUR CONSENT, YOU EXPRESSLY AND CONSCIOUSLY WAIVE ALL RIGHTS TO INSTITUTE AN ACTION IN THE COURT BUT WILL RATHER RESORT AT ALL TIMES TO ARBITRATION AS A MEANS OF EFFECTIVE DISPUTE RESOLUTION.
Applicable Law and Location of Arbitration
The place of arbitration shall be Dearborn, Michigan, or at a location as reasonably geographically close thereto. The arbitration shall be governed by the laws of the State of Michigan. The arbitration will be administered by the American Arbitration Association (« AAA ») in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the « AAA Rules ») then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
You and Zoom Ride agree that no federal, state, or any other institution shall have any power to decide or sit to determine any dispute arising between the parties except the Arbitrator.
Powers and Decision of the Arbitrator
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If a party prevails in arbitration such party will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Payment of filing and Arbitration Fees
The payment of fees shall be regulated and construed in accordance with the prescribed rules of AAA Rules, and in accordance with the following set rules as agreed by you and Zoom Ride:
- In the event the arbitration proceeding is initiated by Zoom Ride, both parties agree that all applicable fees as pertaining to the arbitration and the filing fees involved shall be settled by Zoom Ride(Zoom Ride app).
- Zoom Ride also agree to be responsible for the payment of the arbitration and filing fees provided that (a) your claim for damages is below the sum of $75,000. (b) your claim does not constitute an abuse of court process but rather the arbitrator finds a reasonable cause of action and a reason to award a relief therein as provided in the federal rule of Civil Procedure 11(b).
Any provision of this Arbitration Agreement that is held invalid or unenforceable shall not affect the remaining provisions of this agreement and such other provisions shall remain valid and enforceable while the other invalid provisions or severed provisions shall be negotiated by the parties and brought within the applicable laws.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Zoom Ride’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Zoom Ride for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Zoom Ride in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Zoom Ride with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Zoom Ride or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Zoom Ride; becomes known to you, without restriction, from a source other than Zoom Ride without breach of this Agreement by you and otherwise not in violation of Zoom Ride’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Zoom Ride to enable Zoom Ride to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Zoom Ride
As a Driver, you acknowledge and agree that the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Zoom Ride expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Zoom Ride; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Zoom Ride, and you undertake not to hold yourself out as an employee, agent or authorized representative of Zoom Ride.
Zoom Ride does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Zoom Ride Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Zoom Ride Platform, or to cancel an accepted request for Services via the Zoom Ride Platform, subject to Zoom Ride’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Zoom Ride shall have no right to require you to: (a) display Zoom Ride’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Zoom Ride’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
If any provision of these terms and conditions is found invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.
Please note that Zoom Ride is at liberty to assign these terms and conditions without giving you notice but you shall not transfer or assign your rights or obligation whether wholly or partly unless Zoom Ride’s written consent is obtained.
Except as provided this Agreement shall be governed by the laws of the State of Michigan without regard to choice of law principles. This choice of law provision is only intended to specify the use of Michigan law to interpret this Agreement and is not intended to create any other substantive right to non- Michigan residents to assert claims under Michigan law whether by statute, common law, or otherwise. Any notices to you shall be provided to you through the Zoom Ride Platform or given to you via the email address or physical address you provide to Zoom Ride during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include,” “includes” and “including” are deemed to be followed by the words “without limitation.” A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Zoom Ride with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.