Terms of Service for Arrive Rides Services LLC
Updated: January 2018
These Terms of Service (“Terms”) describe the terms and conditions under which you (“Clients”, “you”, or “your” and the “Members” on behalf of whom Clients may sometimes order Services) may access and use Arrive Ride Services, LLC (“Arrive”) Services.
THE ARRIVE SERVICES
Arrive is a phone-based service that orders on-demand vehicular transportation (“Rides”) for its Members. The Rides are provided by a third-party service. In no event will Arrive be responsible or liable for any products and services of such third party providers. Arrive shall not be liable if any third- party service deprecates or changes native features, functionalities, or policies that affects Arrive Services. Client and Member agree and authorize Arrive to accept any required third-party terms on Client’s and Member’s behalf (e.g. accepting Uber’s Terms of Service) in order for Arrive to perform the Services requested by Client or Member. Links to or copies of any such terms will be provided upon request.
You acknowledge that the Services are not a medical service or advice and are not intended to replace or substitute for any professional or medical advice. Any information provided as part of the Services may not be relied on as medical advice, and you should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice. In the course of providing services, Arrive collects certain information about the Member and, as part of the service, transmits that information to you and others. All information is collected and transmitted for your convenience only, and Arrive is not responsible for taking action on any information that Arrive collects or observes.
In order for individuals to use Arrive Ride Services, individual Clients and/or Members must register for and maintain a personal account. The account will require Clients and/or Members to submit personal information as well as a valid payment method. If an account is not kept up to date, or if a Client’s and/or Member’s payment method is not valid, the Client’s and/or Member’s account with Arrive may be either suspended or terminated.
An account may not be shared by more than 1 individual except by Members of the same household with the same mailing address and residing at the same permanent address.
In some cases you may be asked to confirm your identity in order to access services, and Arrive reserves the right in its sole discretion to deny access to Services if you cannot prove identity.
In order for “Groups” or communities to use Arrive Ride Services, the group or community must create and maintain a “Group Account” that represents individual Members within the Group. Groups will provide Arrive Rides with the names and phone numbers of the Members within their group. The account will require Groups to submit a valid payment method. If an account is not kept up to date, or if a Group’s payment method is not valid, the Group’s account with Arrive may be either suspended or terminated.
Groups are responsible for authorizing, ordering, scheduling, and paying for Members’ rides. Arrive Rides will consider a ride “authorized” if it is ordered or approved by an employee or representative of the Group.
Arrive Ride Services is not responsible for communicating directly with Group Members.
In some cases Groups and/or Group Members may be asked to confirm their identity in order to access services, and Arrive reserves the right in its sole discretion to deny access to Services if they cannot prove identity.
Charges for your use of the Arrive Services pass through third party providers plus an agreed-upon markup. After a Member has received Services, Arrive will pay the third-party provider on the Member’s behalf using the payment method on file in the Member’s account. All fees for Services are due immediately. If a Member’s payment method is invalid, Arrive will make all reasonable efforts to contact the Member to update the payment information. If unsuccessful, Arrive will suspend the account until the Member has updated his/her payment information. Failure to do so after a certain period of time may result in account termination.
Before Arrive orders a Ride on behalf of a Member, the concierge can provide a cost estimate to the Member upon request, or the Client ordering the Ride on behalf of the Member. These cost estimates are provided by the third-party provider and are not guaranteed. Costs may vary as the third-party provider’s costs may vary, for example, if the Member’s destination changes en route or if the Member chooses to make an unexpected stop along the way. If the Member decides not to proceed with the Ride purchase, Arrive will not levy the service fee on the Member.
If a Ride has been ordered and then cancelled, the third party provider may levy a cancellation fee, which will be passed through to the Client or Member, along with the Arrive service fee.
If a Ride during Arrive business hours (9am to 6pm PST) has been scheduled in advance and the scheduled ride is cancelled prior to Arrive ordering the ride, no charge will apply. If a Ride outside of Arrive business hours (before 9am or after 6pm PST) is cancelled during Arrive business hours (9am to 6pm PST) and prior to Arrive ordering the ride, no charge will apply. If a Ride outside of Arrive business hours (before 9am or after 6pm PST) is cancelled outside of Arrive business hours (before 9am or after 6pm PST) Arrive will levy the Arrive service fee.
If, after ordering a Ride, the driver is unable to locate the Member or the Member is not outside to meet the driver, Arrive will call the driver and/or the Member and attempt to coordinate the pickup. If there is a problem with the pickup and the driver cancels the Ride, Arrive reserves the right to levy the third party cancellation fee, which will be passed through to the Client or Member, along with the Arrive service fee at Arrive’s sole discretion.
Arrive will communicate with its Clients and Members on the phone line designated by the Member, but the service is optimized to communicate via mobile phone, including text messaging. Both Arrive and third-party service providers will send text messages to the Client and/or Member unless the Client and/or Member has opted out, which will be respected. The Member is responsible for their own mobile network’s messaging rates if they accept these messages. Standard voice and data charges from your phone carrier may apply to these calls and texts.
PRIVACY & CONFIDENTIALITY
Arrive gathers personal information as needed to provide Service to its Members. Arrive will not share or sell this information. Members who choose to terminate their service agreement with Arrive may request the deletion of their information by sending an email request to firstname.lastname@example.org. Confidentiality is important to us and where we know or have a reason to know is the confidential, we’ll use your confidential information solely for the purpose for which it is provided and as permitted under these Terms; not disclose your confidential information to a third-party unless they need it to do their job (e.g. Uber to get you where you’re going!) and we’ll maintain the secrecy of it to the same extent (but using no less than a reasonable degree of care) that we protect our own confidential information of a similar nature.
We expect the same from you and will hold you to it.
Members’ account information is password-protected. Arrive uses industry-standard SSL encryption.
TERM AND TERMINATION
Arrive memberships are valid for a 30-day period and will automatically renew unless the Member requests termination over the phone or by emailing email@example.com. Terminations will be made at the end of the current 30-day period; Arrive will not pro-rate membership fees for early termination.
If Arrive deems, in its sole discretion, that a Member is abusing the service, Arrive reserves the right to terminate a Member’s account without notice. Arrive will not refund nor pro-rate membership fees for an account that is cancelled due to abuse.
“Neighborhood Rides” refer to Rides that are 5.0 miles or less. Distance is calculated by the third-party provider and will not be determined until the ride is complete.
Members who choose a membership option that includes Neighborhood Rides must utilize those rides within the then-current membership month. Neighborhood Rides do NOT accrue or rollover to subsequent months. Any Neighborhood Rides not used during the monthly membership period are forfeited.
“Gift credit” is only redeemable with Arrive Ride Services LLC. Credit is applied toward the gift recipient’s monthly subscription fees and purchase of rides. All services provided by Arrive Ride are subject to its terms and conditions.
For new member sign ups, upon purchase and monthly thereafter, $10 of the gift recipient’s account balance will be applied toward recipient’s monthly subscription of Arrive Rides.
When recipient’s gift balance drops below $40, the gift recipient will be asked to enter a credit card as a backup payment method before any further use of the services can be utilized. If there is no backup credit card on file and the gift recipient requests a ride that may exceed the gift balance available, the ride request may be denied until a backup credit card is on file. Arrive Rides reserves the right to not honor this gift credit in its sole discretion, if it reasonably believes it was not validly purchased or has already been redeemed. In the event of dispute, Arrive Rides’ decision is final. Arrive Rides is not responsible for lost or stolen certificates. Arrive reserves the right to change these terms without prior notice.
No change or refund offered. NON REFUNDABLE. NO CASH VALUE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (I) ARRIVE EXPRESSLY DISCLAIMS AND MAKES NO ADDITIONAL REPRESENTATION, WARRANTY, CONDITION OR OTHER CONTRACTUAL TERM (COLLECTIVELY, “PROMISES”) OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND (II) THE SERVICE MADE AVAILABLE BY ARRIVE UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT ANY PROMISE WHATSOEVER. EXCEPT WHERE AND TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY LAW: (A) ARRIVE EXPRESSLY DISCLAIMS ALL IMPLIED PROMISES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, (B) ARRIVE DOES NOT PROMISE NON-INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, AND (C) ARRIVE MAKES NO PROMISE REGARDING THE RESULTS OR PERFORMANCE MEMBERS OR CLIENT WILL OBTAIN THROUGH USE OF THE SERVICES.
LIMITATION ON LIABILITY; INDEMNITY
ARRIVE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANYTHING RELATED TO THESE TERMS, EVEN IF CLIENTS OR MEMBERS ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO CIRCUMSTANCES WILL ARRIVE’S COLLECTIVE TOTAL LIABILITY ARISING OUT THESE TERMS EXCEED $500.
You agree to indemnify and hold Arrive 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 your use of the Service, your lack of authority to bind the Member or Client to these Terms, the breach or violation of any of these Terms, or your violation of the rights of any third party.
OTHER LEGAL STUFF
Agreement to Arbitration. Arrive believes that arbitration represents the best way to resolve disputes and accordingly requires that all disputes be resolved by arbitration. For more information about our arbitration policy, please contact us at firstname.lastname@example.org
Controlling Law. These terms are governed by the law of the state of California except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Amendments. These Terms may be amended only by a written agreement agreed to by an authorized representative of each party, which agreement may be manifested in electronic form (such as through a click-through agreement).
Independent Parties. Arrive is an independent contractor and not an agent of Client in the performance of these Terms.
Entire Agreement. These Terms constitutes the entire agreement between the parties regarding use of the Service and will supersede all prior agreements between the parties whether written or oral.
Force Majeure. Arrive will not be liable for any delay or failure to perform as required by these terms as a result of any cause or condition beyond our reasonable control.
Use of Third Parties. Arrive does and may use third parties to perform its duties under these terms, including to provide any part of the Services.
Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.