Terms and Conditions ("Terms")
Welcome to Fleet Market (“FM”), a web based platform/application that allows car owners and car drivers to connect with each other, and aggregates the details of car owners and car drivers, thereby allowing car owners to maximize the utilization of their cars and alerting drivers about the cars that are unused and allowing them to rent the cars from the owners. FM is created, owned, operated and managed by Driveshare, Inc. (the “Provider”). In these terms of service (“Terms of Service”) “you” or “your” means the respective “user” (car owner or car driver) of FM.
These Terms of Service constitute the agreement between you and the Provider in relation to your use of FM and/or any of the services offered by FM. These Terms of Service will apply to all users of FM and to visitors’, i.e., users who simply browse FM or its website. By using FM, its website or any of its services, you indicate your acknowledgment and acceptance of these Terms of Service and further agree to use FM in compliance with these Terms of Service, and any other policies and standards provided to you by the Provider. Additionally, you warrant and represent that you have the legal right/capability to use FM and its services, and provide acceptance to these Terms of Service. You further agree to comply with all applicable laws and regulations that will govern your interaction with FM and the use of its services.
If you do not wish to be bound by these Terms of Service, you may not access or use FM, its website or any of the services offered through it. The Provider reserves the right to modify these Terms of Service at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Service on FM. Your continued use of FM following the posting of changes will indicate your acceptance to those changes. These Terms of Service, subject to section 1(b) below, will subsist until such time you exit/uninstall FM.
TERMS OF SERVICE
- GENERAL TERMS
- The following terms apply to all persons who use FM including car owners and car drivers:
- Registration and Verification
- Please note - all communications made by FM to you will be made to the email address(es) provided by you. All communications sent to the email address(es) on the FM database will be considered valid communications, notwithstanding your failure to update any change(s) in the information you had previously provided.
- Your use of FM and the services provided by it may be discontinued and these Terms of Services may be terminated either by (i) you, if you delete your account of your own accord or send an email to email@example.com requiring deletion of your account, or (ii) the Provider, with the provision of five (5) business days notice. Additionally, your use of FM and the services provided by it may be discontinued, if you fail to comply with any terms(s) set-out in these Terms of Service. In such event, the Provider reserves the right to delete your account and deny you access to FM without prior notice. Termination of these Terms of Service will not have any effect on the disclaimer, waiver or liability limitations provided under this agreement and all of those terms will survive any termination of these Terms of Service.
- FM INTER ALIA PROVIDES AN AGGREGATION PLATFORM THAT ALLOWS CAR OWNERS TO OPTIMALLY UTILIZE THEIR CARS BY PROVIDING A PLATFORM FOR CAR OWNERS TO LIST THEIR CARS FOR RENT TO DRIVERS WHO IN TURN WOULD DRIVE THESE CARS FOR ONLINE RIDESHARING COMPANIES. FM ITSELF DOES NOT PROVIDE CAR RENTAL SERVICES OR ONLINE RIDESHARING SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR ERRORS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE DRIVER OF THE CARS, THE CAR MANUFACTURER, INSURANCE PROVIDERS OR ANY SERVICES PROVIDED BY THIRD PARTIES (E.G. ONLINE RIDESHARING COMPANIES, MECHANICAL THIRD PARTY PROVIDERS OR OTHER SYSTEMS). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF FM AND ITS SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FM, THE SERVICES PROVIDED BY IT, THE CAR AND ANY SERVICES PROVIDED BY THIRD PARTIES IN RELATION TO YOUR USE OF FM OR ITS SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO FM AND ANY OF ITS SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY/CODIFIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF FM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY FM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF FM OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN FM OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD FM OR ITS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSIBLE BY LAW.
- IN NO EVENT SHALL THE PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, FM AND ITS SERVICES, EVEN IF THE PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE LIMITATION OF CERTAIN DAMAGES; THEREFORE, THIS SECTION WILL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
- FM does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture.
- These Terms of Service shall be governed and construed by the laws of the State of Delaware, without regard to the conflict of laws provision. These Terms of Service shall be subject to the exclusive jurisdiction of the courts of the State of Delaware. You further agree that any dispute arising under these Terms of Service, other than a dispute that would be remedied by injunctive relief, shall be decided in accordance with the then current rules of the American Arbitration Association, and any arbitration award may be entered in a court in the State of Delaware, competent jurisdiction and enforced as a judgment thereof.
- This contract is solely for your benefit and the benefit of the Provider.
- If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
- Registration Verification
- For use of FM, you would be required to provide the following information:
- Personal information including but not limited to date of birth, gender, address, drivers license number, insurance information.
- Scanned images of your Taxi and Limousine License, Department of Motor Vehicle license, proof of address (e.g. rent bill, utility bill, credit card bill, etc.)
- Payment information through Stripe.
You understand and agree that FM may periodically request verification of eligibility and verification of usage from you as a driver, and that if you fail to provide satisfactory evidence of your continued compliance with these Terms of Services, the Provider may terminate your account immediately.
- You will be charged a certain sum that will be determined by the Provider for use of FM and its services. You agree that you are responsible for paying all fees when they become due in connection with your use of FM. In this regard you authorize FM to charge any payment cards on file in your account on its database for all amounts due, including but not limited to, security deposits, processing fees, usage fees, late fees, deductibles and damages. Additionally, you represent and warrant that you have the rights to make this authorization. You will also be liable to make payment of any citations, tolls, fines, etc., incurred during the rental period. If you would like to dispute these charges please e-mail firstname.lastname@example.org within ten (10) buisness days after returning your vehicle to the car owner. All fees disputed beyond this timeframe will be the sole responsibility of the car driver.
- When you rent a car using FM, you may not access the car until the beginning of your rental period and you must return the car at the end of your rental period to the designated parking location. You must exercise reasonable care and prudence in your use of the car. Additionally, you hereby expressly agree to abide by all traffic laws and regulations. Further, you expressly agree to refrain from using the car or putting the car to the uses mentioned at Annex A to these Terms of Service. If you have any concerns about your planned use, please contact email@example.com . You will be responsible for any claims, loss or damages related to your misuse of the car.
- You understand that the cars offered through FM are owned by third parties and are not owned or maintained by FM. Each owner is responsible for the maintenance and repair of the car(s) they offer through FM. Prior to your use of the car, please inspect the car. In the event that you find any damages to the car, please notify the owner and FM immediately. On completion of your inspection, you and the owner will be required to jointly agree and document the condition of the car including any pre-existing damage. If you feel that the car you have selected is not safe for use, please do not use the car and contact firstname.lastname@example.org immediately.
- Insurance is not provided by FM. It is the responsibility of the car driver to confirm insurance coverage with the car owner.
- All cancellations made within twenty-four (24) hours after reserving a vehicle will be refunded to 100% of the value paid. Cancellations occurring after this twenty-four (24) hour period and upto two days before the scheduled pickup will be refunded 50% of the value paid. Cancellations occurring less than two days before the scheduled pickup will be refunded 0% of the value paid. All refunds will be returned to the original cardholder and take standard processing times.
- Please report any damage to the car that you are using to FM at email@example.com and to the owner, within 2 hours of the incident. Failure to report any damage to the car within such time may require you to pay for such damage or where you have already paid for it, disentitle you from being reimbursed for such costs. In the event that the damage has occurred due to a collision or an accident please call 911 and inform the police immediately. You hereby agree to use all reasonable efforts to secure evidence regarding the incident that has caused damage to the car. Additionally, you agree to cooperate in any investigation conducted by the owner or FM, claims administrators, or insurers. After an incident, you may not continue to use the car unless you have explicit written permission of the owner.
- Registration Information
- For use of FM, you would be required to provide the following information:
- Personal information including but not limited to date of birth, gender, address, office address, phone number, insurance information.
- Vehicle information including but not limited to the make of the car, the model, year of manufacture, license plate number(s), vehicle identification number(s) (VINs).
You additionally expressly agree to state if the car you are providing through FM meets the FM quality standards:
- Vehicles must be model year 2006 or newer and must have passed all applicable state and city inspections.
- Vehicles must have TLC plates, be commercially insured, and be affiliated with a TLC base.
Further, you agree that you will be held liable for any misrepresentation made by you regarding the quality of the car.
- You hereby expressly agree to keep your car at all times in a safe and road worthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements and at a minimum, in accordance with FM quality standards. Further you agree to respond to any safety notices and to promptly complete any recommended action regarding the condition of your car. In the event that you believe that your car is not safe and/or roadworthy you agree to refrain from listing your car on FM till such concerns have been addressed.
- In the event that your car is damaged or you believe your car to have been damaged, you are required to report the damage immediately to firstname.lastname@example.org . Additionally you agree to provide reasonable cooperation in any investigation of the damages. FM assumes no financial responsibility or liability for damages to the vehicle.
THE USE OF THE FM OR ANY PART OF ITS SERVICES, EITHER IN WHOLE OR IN PART, SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
Driveshare Inc ("us", "we", or "our") operates the www.fleetmarket.us website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information ("Personal Information"). We collect this information for the purpose of, but not limited to, providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In addition, we may use third party services such as Google Analytics that collect, monitor, and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The help feature on most browsers provide information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add- on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Do Not Track Disclosure
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for anyother purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.