Facedrive Inc Terms of Service
The Facedrive. (Facedrive) Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Facedrive Platform. The driving services provided by Drivers to Riders that are matched through the Platform are referred to collectively as the “Services”.
FACEDRIVE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND FACEDRIVE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE FACEDRIVE PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE FACEDRIVE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE FACEDRIVE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Facedrive Platform, you expressly acknowledge that you understand these Terms of Serviceand accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT USE OR ACCESS THE FACEDRIVE PLATFORM OR THE SERVICES.
Facedrive reserves the right to modify these Terms of Service at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this page. You are responsible for regularly reviewing it. Continued use of the Facedrive Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Facedrive Platform or the Services.
Facedrive Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to use the Facedrive services.
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. Facedrive has the authority and reserves the right to determine and modify pricing at any time. Charges may vary based on the type of service you request (e.g., Facedrive Electric, Facedrive Hybrid, Facedrive gas powered vehicles and body types such as Sedan or SUV). You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
As a Driver, you will receive applicable Ride Fees (net of Facedrive’s Administrative Fee, as discussed below) and any tips provided by Riders to you for the Services you provide. Facedrive will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Facedrive to set the prices on your behalf for all Charges that apply to the provision of Services. Facedrive reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse Facedrive or Facedrive’s payment systems.
In exchange for permitting you to offer your Services through the Facedrive Platform and marketplace as a Driver, you agree to pay Facedrive (and permit Facedrive to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule posted at http://www.facedrive.com/fees. Facedrive reserves the right to change the Administrative Fee at any time in Facedrive’s discretion based upon local market factors, and Facedrive will provide you with notice in the event of such change. Continued use of the Facedrive Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.
Facedrive, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Facedrive.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Facedrive, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Facedrive, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Facedrive Platform or Services, updates concerning new and existing features on the Facedrive Platform, communications concerning promotions run by us or our third party partners, and news concerning Facedrive and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Facedrive Platform or the Services.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information by updating your driver profile at the Facedrive web site and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Facedrive Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, 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, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Facedrive does not assert any ownership over your Information; rather, as between us and you, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Facedrive for accessing the Facedrive Platform. You are solely and fully responsible for all activities that occur under your User account, and Facedrive 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.
Social Networking Sites
As part of the functionality of the Facedrive Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the Facedrive Platform or allowing Facedrive to access your SNS Account. By granting Facedrive access to any SNS Accounts, you understand that Facedrive may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Facedrive Platform to other Users. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Facedrive Platform.
With respect to your use of the Facedrive Platform and your participation in the Services, you agree that you will not:
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Driver Representations and Warranties
By providing Services as a Driver on the Facedrive Platform, you represent, warrant, and agree that:
Proprietary Rights and Trademark License
You agree that you will not:
Violation of any provision of this License may result in immediate termination of the License, in Facedrive’s sole discretion. If you create any materials bearing the Facedrive Marks, you agree that upon their creation Facedrive exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Facedrive Marks or derivative works based on the Facedrive Marks. You further agree to assign any interest or right you may have in such materials to Facedrive, and to provide information and execute any documents as reasonably requested by Facedrive to enable Facedrive to formalize such assignment.
The following disclaimers are made on behalf of Facedrive, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Facedrive Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Facedrive Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Facedrive 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 Facedrive Platform will be corrected, or that the Facedrive 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 Facedrive Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Facedrive Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Facedrive Platform by persons under the age of 18. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Facedrive is not responsible for the conduct, whether online or offline, of any User of the Facedrive 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 Facedrive Platform and participating in the Services, you agree to accept such risks and agree that Facedrive is not responsible for the acts or omissions of Users on the Facedrive Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Facedrive Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Facedrive Platform or through the Services. Please carefully select the type of information that you post on the Facedrive Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Facedrive Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Facedrive Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Facedrive Platform and remove any such material that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Facedrive Platform contains (or you may be sent through the Facedrive Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Facedrive Platform.
Location data provided by the Facedrive Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Facedrive, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Facedrive Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Facedrive Platform may be accessible to Facedrive and certain Users of the Facedrive Platform.
This paragraph applies to any version of the Facedrive Platform that you acquire from the Apple App Store. Apple, Inc. (“Apple”) is not a party to these Terms of Service and shall have no obligations with respect to the Facedrive Platform. Facedrive, not Apple, is solely responsible for the Facedrive Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries. Upon your acceptance of these Terms of Service, Apple shall have the right (and will be deemed to have accepted the right) to enforce them against you as a third party beneficiary thereof.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers 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 Facedrive Platform and participation in the Services, including:
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FACEDRIVE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE FACEDRIVE PLATFORM, THE SERVICES, OR THESE TERMS OF SERVICE, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF FACEDRIVE’S INSURANCE POLICIES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE FACEDRIVE PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release Facedrive (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Facedrive Platform or participation in the Services. Furthermore, you expressly waive any rights you may have. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
These Terms of Service are effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Facedrive Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the Facedrive Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Facedrive Platform to any User for any reason not prohibited by law.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related the use of the Facedrive Platform and/or the Services, or their interpretation, enforceability, revocability, or the arbitrability of any dispute, that cannot be resolved informally shall be submitted to binding arbitration in Ontario, Canada. The arbitration shall be conducted by the Ontario Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. Any claim, action or proceeding must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND FACEDRIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Facedrive’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Facedrive 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 Facedrive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Facedrive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Facedrive 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 Facedrive; becomes known to you, without restriction, from a source other than Facedrive without breach of these Terms of Service by you and otherwise not in violation of Facedrive’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 Facedrive to enable Facedrive to seek a protective order or otherwise prevent or restrict such disclosure.
You and Facedrive are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by accepting these Terms of Service.
To resolve a rider or driver issue regarding the Facedrive Platform, you should first contact our Customer Service Department through our support center at http://www.facedrive.com/support or via the internal driver account pages when logging in at http://www.facedrive.com.
If You have any questions about these Terms of Service, the practices of Facedrive, or Your dealings with Facedrive, You may contact Us via http://www.facedrive.com/support.