UGOZIP, INC.

DRIVER’S TERMS OF SERVICE

 

EFFECTIVE DATE: AUGUST 1, 2018

 

UGOZIP, INC. (hereinafter “Ugozip” or “we”), a Delaware Corporation, operates a service (the “Service”) accessible through a mobile application and website available on www.ugozip.com.  The Service allows drivers to use Ugozip’s Driver Dispatching Service Platform, which connects drivers and customers through its website and app., providing a “Designated Driving Service.”

 

These Ugozip Driver’s Terms of Service (collectively, “Terms of Service”) set forth the terms and conditions under which individuals that have registered as a Driver (hereinafter “Driver” or “you”) with Ugozip may access and use the Service, whether accessed via application or website.

 

These Terms of Service apply to any Driver that has registered an account on www.ugozip.com and intends to utilize the referral services offered by Ugozip to provide designated driving services.

 

BY ACCESSING, REGISTERING WITH OR USING THE REFERRAL SERVICES OF UGOZIP, YOU AGREE TO THESE DRIVER’S TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE DRIVER’S TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER WITH, OR USE THE REFERRAL SERVICE.

 

Ugozip reserves the right to modify or change these Driver’s Terms of Service at any time without prior notice to you.  If Ugozip modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page.

 

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE DRIVER’S TERMS OF SERVICE, THE REFERRAL SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON UGOZIP’S LIABILITY. 

 

  1. GENERAL USE AND RESTRICTIONS.

 

1.1       LICENSE TO DRIVERS.  Conditioned upon and subject to your compliance with these Driver’s Terms of Service, and subject to these Driver’s Terms of Service, Ugozip grants you, for the period of time that each driver is authorized to access and use his or her drive, a personal, non-exclusive, non-transferable, limited license to access and to use the features of the Designated Driving Referral Service, to the extent the applicable functionality is made available to you from time-to-time, and through the provided functionality of the Referral Service, subject to earlier termination as set forth in these Driver’s Terms of Service.  If any Driver Account is terminated by Ugozip, or if a person has not been issued a Driver Account by Ugozip, such person does not have a license to access and/or use the Service.

 

1.2       USE OF SERVICE.  You agree not to access and/or use the Service for any purpose that is not expressly permitted by these Driver’s Terms of Service, or is otherwise unlawful.

1.3       INFORMATION PROVIDED.  If you provide any information to us, you agree to provide only true, accurate, current and complete information.  If you provide information to use about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer all personally identifiable information you provide, and you assume all responsibility for dissemination and use of the information provided.

 

1.4       RESTRICTIONS.  You agree not to use any of Ugozip trademarks as metatags on other websites; use the Service in any manner that is illegal or impairs the operation of the Service or its availability or usage by others.

 

  1. THE SERVICE.

 

2.1       GENERAL.  Each Driver agrees not to use or access, or attempt to use or access, any portion of the Service for which he or she is not intentionally given access to by Ugozip as applicable.

 

2.2       DRIVER ACCOUNTS.  Driver will be issued an account that consists of one driver account. Driver will retain sole control over the operation, maintenance, management of, and access to and use of, the Referral Service on its private driver account.

 

2.3       ACCESS TO DRIVER ACCOUNT.  A Driver may not authorize any other person to access and/or use his or her Driver Account.  Accordingly, each Driver agrees to protect his or her username and password by, among other things, keeping such username and password confidential. If you find any unauthorized use of your Driver’s password or any other breach of security, you agree to immediately notify this to Ugozip.

 

2.4       SECURITY.  Ugozip will use commercially reasonable efforts to comply with applicable United States Federal and state data security, data breach and privacy laws and regulations.  Be advised that information transmitted on the Internet and/or store on systems attached to the Internet such as ours is not 100% secure.  As a result, we do not ensure, warrant or guarantee the security or integrity of such information.  We will not be responsible for disclosure of any information due to errors in transmission or the unauthorized acts of third parties.  In the event that we learn of a data breach of any Drivers’ non-public personally identifiable information, or reasonably suspect any such data breach, we shall promptly notify Driver of such data breach or suspected data breach.

 

  1. DRIVER CONDUCT.

 

By having a driver account under Ugozip, you will abide by our Driver conduct:

 

3.1       You will respect all customers, irrespective of race, ethnicity, age, gender, sexual orientation, religion, etc.

 

3.2       You will arrive on time, as traffic and road conditions allow, at the pickup location.

 

3.3       You will take good care of customer vehicles and will only touch parts of the vehicle that are necessary to drive.

 

3.4       Before and after the ride, you will take photos of the front, back, and both sides of the customer’s vehicle and transfer all photos to Ugozip immediately after the ride ends. Drivers will not be paid for the ride without sending the photos.

 

3.5       You will not post any information of specific rides and customers on any social media or any publicly accessible means in any format.

 

3.6       For safety reasons, you may install a dash camera on the customer’s vehicle for the duration of the ride, only if customer consents. In this case, the dash cam should be placed on top of the dashboard and should not harm customer’s vehicle when it is removed.

 

3.7       You will ask the customer if there are anything in particular you should know about the vehicle before starting the ride.

 

3.8       Before driving, you will inspect the basic features of the vehicle, such as the steering wheel, turn signal lights, brakes, tires, wipers, and other additional features, if needed. Drivers should adjust the driver’s seat, the rear-view mirror and both side mirrors in order to secure proper vision during the ride.

 

3.9       You will not ask customers any personal or private questions.

 

3.10     You will not contact the customer for any personal reasons after the ride ends.

 

3.11     Upon arrival at the pickup location, you will call the customer to locate the customer and get the car key.

 

3.12     Upon arrival at the customer’s destination, you will park the vehicle wherever the customer requests and take photos of all four sides of the vehicle. If the vehicle is parked inside a garage, you will park the vehicle at a place where you can take photos of all four sides of the vehicle, such as the street or curbside, the driveway, etc., then park the vehicle inside the garage to complete the ride.

 

3.13     You may chat with the customer or any other passengers in the vehicle, but will not comment on or ask any questions regarding their private lives, including but not limited to marital status, family or private issues, and appearance.

 

3.14     You will never drive under the influence of alcohol or drugs.

 

3.15      You will delete all photos of customer’s vehicle after you submit them to Ugozip.

 

 

 

 

  1. DRIVER COMPENSATION.

 

Customers will be billed a flat booking fee of TWENTY-FIVE U.S. DOLLARS ($25.00) plus additional rates of THREE U.S. DOLLARS ($3.00) per mile and TWENTY-FIVE U.S. CENTS ($0.25) per minute. However, irrespective of distance, customer pays a minimum fare of FIFTY U.S. DOLLARS ($50.00) plus TEN PERCENT (10%) of the total fare as tip for each ride. Drivers will earn SEVENT PERCENT (70%) of the total fare plus ONE HUNDRED PERCENT (100%) of the tip.

 

Here are two (2) examples of compensation by distance:

 

4.1       A Five (5) Mile Ride.

 

Customer pays: $25.00 flat base fee, PLUS 5 miles X $3.00 = $15.00, PLUS approx. 10 minutes X $0.25 = $2.50, which sums up to $42.25 PLUS 10%, or $4.20, tip. The total fare would be $46.45.

 

As this ride’s total amount does not exceed the minimum fare, the customer will pay $55.00. The driver will earn $40.00, which is 70% of the amount ($35.00) billed to the customer plus $5.00 tip. Ugozip will take 30% of the fare, which is $15.00.

 

4.2       A Ten (10) Mile Ride.

 

Customer pays: $25.00 flat base fee, PLUS 10 miles X $3.00 = $30.00, PLUS approx. 20 minutes X $0.25 = $5.00, which sums up to $60.00 PLUS 10%, or $6.00, tip. The total fare would be $66.00.

Driver will earn $42.00 (70% of total fare) PLUS $6.00 tip, which sums up to $48.00. Ugozip will take 30% of the total fare before tip, which is $18.00.

 

4.3       Cancellation Policy.

 

If the customer cancels the ride request more than five (5) minutes after driver accepts it, the customer will pay a TEN U.S. DOLLARS ($10.00) cancellation fee. The driver will earn the entire TEN U.S. DOLLARS ($10.00) in this case. Upon arrival at the pickup location, you should call the customer and wait for ten (10) minutes after the customer responds to the call. If the customer cannot be reached for ten (10) minutes, you are expected to wait for an additional five (5) minutes before canceling the ride on your end. The customer will be charged a TWENTY U.S. DOLLARS ($20.00) no-show fee, and driver earns FOURTEEN U.S. DOLLARS ($14.00) or SEVENTY PERCENT (70%) of the no-show cancellation fee.

 

Driver’s compensation will be directly deposited to driver’s registered bank account within five (5) to seven (7) business days.

 

 

 

 

 

  1. CAR OWNERSHIP.

 

Drivers will submit relevant information of his or her owned or leased vehicle, including vehicle registration, proof of insurance, and a photocopy of a valid driver license. Ugozip may require regular vehicle inspection reports, if necessary.

 

  1. REQUIRED INSURANCE.

 

Drivers will submit valid proof of personal auto insurance coverage to Ugozip. Drivers will be required to submit such documents periodically as proof of continued and current coverage. In case of accident while drivers are online on the Ugozip driver app and waiting for a ride request, or are on their way to the customer’s pickup location, drivers should contact their personal insurance company. Ugozip is not liable for accidents of this nature. In case of accident while driver is operating a customer’s vehicle with such customer inside the vehicle, Ugozip will be partly liable. The coverage under this circumstance will include bodily injury and property damages to a maximum of ONE MILLION U.S. DOLLARS ($1,000,000.00) after the driver’s personal insurance claim.

 

  1. DRIVERS AS INDEPENDENT CONTRACTORS.

 

7.1       Ugozip and the Drivers or Independent Contractors offering driving services through Ugozip referral service intend that the Drivers are engaged as independent contractors of Ugozip.  Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

 

7.2       The Drivers are responsible for obtaining and maintaining all required licenses to provide driving services to Ugozip’s users/customers.

 

7.3       The Drivers may not act as agents for, or on behalf of, Ugozip or to represent Ugozip or bind Ugozip in any manner.

 

7.4       The Drivers will not be entitled to worker’s compensation, retirement, insurance or other benefits afforded to employees of Ugozip.

 

  1. PROCEDURE IN CASE OF ACCIDENT OR INJURY.

 

8.1       Check all parties involved for any injuries and vehicles for damages.

 

8.2       Call 911.

 

8.3       Call Ugozip support center.

 

Ugozip will send the driver an incident report form to the email address on file on behalf of our insurer.  After we receive your completed incident report, we will notify our insurance carrier. They will investigate and determine whether they will cover the damages of the incident and will contact you within two (2) to three (3) business days. Before you are contacted by our insurance carrier, you will also contact your personal insurance carrier.

 

If physical damage coverage is needed, you are liable for TWO THOUSAND AND FIVE HUNDRED U.S. DOLLARS ($2,500.00) deductibles.

 

  1. NON-COMPETE & NON-CIRCUMVENTION.

 

9.1       During the term of this Agreement and for a period of twenty-four (24) months after the expiration or termination of this Agreement for any reason, Driver (the “Covenanting Party”) agrees that it shall not: (a) directly or indirectly induce by any means any customers or clients of Ugozip to patronize the Covenanting Party or any similar business; (b) directly or indirectly request or advise by any means any customer or client of Ugozip to withdraw, curtail, or cancel such customer’s or client’s business with Ugozip; (c) directly or indirectly disclose to any other person, partnership, corporation or association, the names or addresses of any of the customers or clients of Ugozip;  or (d) induce or attempt to induce any employee, agent or former employee or agent of Ugozip to leave the employ of Ugozip, or hire any such employee, agent or former employee or agent in any business or capacity.

 

9.2       Driver hereby covenants and agrees that he or she will not avoid or seek to avoid the observance or performance of any of the terms of this Agreement, and will at all times in good faith carry out all the provisions of this Agreement and take all action as may be required to protect the rights of Ugozip.

 

9.3       The Parties agree that while this Agreement is in effect, Ugozip will be the exclusive liaison for designated driver referral services for compensation for Driver, and will serve as the sole and exclusive point of communication between Driver and clients needing and willing to pay for designated driver services.

 

  1. DUTY TO NOTIFY AND COOPERATE.

 

In case of any accident, injury, violation of law, or violation of the terms of this Agreement by any person, driver and/or user, you agree to provide immediate, written notice to Ugozip.  Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to support@ugozip.com.

 

10.1     Driver agrees to fully and timely cooperate in any investigation by Ugozip of any incident reported by Driver, user or any other third-party; any legal action brought by a third party; and/or any process of binding arbitration that may affect a right or interest of Ugozip.  Driver hereby acknowledges and accepts that Driver’s cooperation shall include release of any insurance information and medical information and/or tests, including Driver’s medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.

 

 

 

 

  1. TERM AND TERMINATION.

 

12.1     GENERAL.    Unless we agree otherwise in writing, the term of a Driver’s account to use the Service (“Account“) shall commence on the date we accept (or accepted) Driver’s account request by notifying Driver of such acceptance and shall continue for roughly two (2) weeks.

 

12.2     TERMINATION BY DRIVER.  Driver may cancel its account by contacting Ugozip at support@ugozip.com.

 

12.3     TERMINATION OR SUSPENSION OF ACCOUNT BY US.  Ugozip may, in its sole discretion, terminate or suspend Driver’s account, at any time, with or without notice and for any reason (or no reason) including, without limitation, for non-payment or delinquency in payment of any fees, or if we believe that Driver is infringing, or has infringed, the intellectual property rights of others or is aiding or threatening, or has aided or threatened, such infringement. Any termination by us shall be effective on the date specified in such notice or, if no date is provided, shall be effective immediately. Driver agrees that, if its account is terminated, it will not thereafter access, or attempt to access, the Service, directly or indirectly, and if its account is suspended, it will not thereafter access, or attempt to access, the Service, directly or indirectly, until its suspension is removed and Ugozip gives its express notice thereof.

 

Driver may face loss of his or her access to Ugozip for any of the following reasons (without limitation):

 

12.3.1              Driver’s average star rating falls below 4.5.

 

12.3.2              The average Driver cancellation rate rises over THREE PERCENT (3%) of the latest one hundred (100) rides.

 

12.3.3              The average Driver acceptance rate of ride requests falls below NINETY-FIVE PERCENT (95%) per one hundred (100) rides.

 

12.3.4              Driver inappropriately approaches Customer or other passengers in any way.

 

12.3.5              After a trip is over, Driver makes any unwanted contact with Customer.

 

12.3.6              Driver offers a personal designated driver service or accepts such offer from a customer without doing so through Ugozip’s platform.

 

12.3.7              Driver is convicted of DUI.

 

12.3.8              Driver violates any traffic laws.

 

12.3.9              Driver uses drugs and/or alcohol while operating vehicle in relation to this Agreement.  If Driver is convicted of driving while intoxicated, Driver’s account will be deactivated immediately and permanently. If Ugozip receives complaints regarding drug or alcohol use from Customer, we will investigate the claim and suspend Driver’s account until the investigation is complete.

 

12.3.10                        Driver carries any type of weapons, including, but not limited to, firearms, knives, sprays, or tasers. This is cause for Driver’s permanent termination of access.

 

12.3.11                        Driver uses aggressive, discriminatory language or gestures toward customer or any other passengers.

 

12.4     EFFECT OF TERMINATION OR SUSPENSION OF ACCOUNT.  Upon termination of Driver’s account, (a) Driver ceases to have access to the Service, and (b) Ugozip may, in its sole discretion, delete all information and content in the Driver’s account; provided, however, that Ugozip will, for thirty (30) days following termination of Driver’s account, use reasonable efforts to provide such information and content to Driver at its request. Driver may make such request by sending an email to support@ugozip.com. Notwithstanding the foregoing, (a) Ugozip reserves the right to retain and use such information and content as necessary to comply with its legal obligations, resolve disputes and enforce these Driver’s Terms of Service, and (b) Driver will have no right to request or obtain private content.

 

12.5 EFFECT OF TERMINATION.  Upon termination of your authorization to access and/or use the Service, (a) you lose access to the Service, and (b) Ugozip may, in its sole discretion, delete all information and content in your Driver Account (including without limitation Driver Content). Notwithstanding the foregoing, Ugozip reserves the right to retain and use such information and content as necessary to comply with its legal obligations, resolve disputes and enforce the Driver’s Terms of Service. Ugozip’s termination of your authorization to access and/or use the Service may also bar you from any future use of the Service.

 

  1. LINKING AND THIRD-PARTY DEALINGS.

 

Ugozip may, on the public areas of the Service (such as the home page located at www.ugozip.com), provide hyperlinks to other web sites and Internet resources operated by persons other than Ugozip.  Ugozip has no control over such sites and resources, including, without limitation, their functionality, data security or compliance with law. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

 

  1. INTELLECTUAL PROPERTY.

 

14.1     GENERAL.  The Service and all content is owned by (or licensed to) Ugozip or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein.

 

14.2     TRADEMARKS.  Ugozip and the related logos are trademarks of Ugozip, and may not be copied, imitated or used, in whole or in part, without Ugozip’s prior written permission.  Ugozip may terminate your use and access to the Service if we believe that you are infringing the intellectual property rights of any person or are aiding or threatening such infringement.

 

  1. INDEMNIFICATION. You hereby agree to indemnify and hold harmless Ugozip and/or its affiliates, officers, members, managers, directors, employees, equity holders, information providers, suppliers, licensors and licensees, and their respective successors and assigns (“Covered Persons”) from and against any and all losses, damages, liabilities, deficiencies, judgments, interest, awards, fines, costs or expenses of whatever kind, including, without limitation, amounts paid in settlement and reasonable attorney’s fees incurred by any Covered Person in connection with any claim, action, arbitration, litigation, subpoena or investigation of any nature (whether at law or in equity) arising out or caused by (a) your access and/or use of the Service, (b) any claim that any Content on the mobile application and/or www.ugozip.com, as applicable, misappropriates, infringes or otherwise violates any third-party’s rights, including privacy or intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of these Driver’s Terms of Service by you.  Driver further indemnifies and holds harmless the Covered Persons from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Covered Person in connection with any claim arising out of any claim or allegation made or brought by a then-current or former driver, including, without limitation, a claim or allegation relating to, or arising out of, the driver’s use of the Service.

 

  1. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an “AS IS“, “WITH ALL FAULTS“, and “AS AVAILABLE” basis. Ugozip makes no representations or warranties relating to the Service including, without limitation, representations or warranties that (a) the Service shall meet your requirements, (b) the operation of the Service will be uninterrupted or error free, (c) the Service will be secure; or (d) any defects in the Service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND UGOZIP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND UGOZIP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT UGOZIP KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), TITLE , QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, UGOZIP MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY COVERED PERSON BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE DRIVER’S TERMS OF SERVICE AND/OR THE SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF SUCH COVERED PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. In no event shall any Covered Person’s total liability to you for any damages arising out of or in any way connected with these Driver’s Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed the greater of (a) TEN U.S. DOLLARS ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

  1. MODIFICATIONS TO THE SERVICE. Ugozip may modify the use of all or any portion of the Service at any time for any reason (or for no reason) and without notice or liability. Ugozip may suspend, discontinue and/or restrict the use of all or any portion of the Service at any time for any reason (or for no reason) without liability upon thirty (30) days’ notice by emailing registered drivers of the affected Accounts.

 

  1. GOVERNING LAW AND JURISDICTION. This Driver’s Terms of Use Agreement shall be governed by the laws of the State of California, and California law will apply to any questions relating to the meaning of any provision of this Agreement.

 

  1. ARBITRATION.

 

20.1     PRE-ARBITRATION PROCEDURES. In the event of any dispute or controversy arising out of or relating to this Agreement, including its validity, enforceability, performance or breach, the Party alleging a dispute will notify the other party of the existence of the dispute, and provide reasonable detail about the dispute.  Officials representing both Parties will meet and attempt to resolve the dispute within fifteen (15) days of the notice.

 

20.2     ARBITRATION.  In the event party officials do not meet or are unable to resolve a dispute within the above period, the dispute shall be resolved exclusively by final binding arbitration in accordance with current Commercial Arbitration Rules of the American Arbitration Association (AAA).  The Parties shall endeavor to select a mutually acceptable arbitrator within fifteen (15) days of the notice of a demand of arbitration.  In the event the Parties are unable to agree to such a selection, AAA procedures shall be used to select a single arbitrator.

 

The costs for the arbitration and the fees of the arbitrator shall be shared equally by the Parties.  All Parties agree that arbitration shall take place within the County of San Diego, California.  The arbitrator shall not have the authority, power or right to award punitive damages.  The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration.  The arbitrator shall endeavor to commence the arbitration within sixty (60) days of the arbitration notice.  A written award shall be rendered by the arbitrator within thirty (30) days of the end of the arbitration hearing(s), and shall be final and binding on the Parties.  Judgment may be entered thereon in any court having jurisdiction.  Pending the resolution of the dispute, the Parties shall, without delay, continue to perform their respective obligations under this Driver’s Terms of Use Agreement.

 

  1. GENERAL PROVISIONS. The Driver’s Terms of Service (and our Privacy Policy) constitute the entire agreement between the Parties with respect to the access and/or use of the Referral Service and supersede all prior and contemporaneous agreements and understandings regarding such subject matter (none of which shall be binding). Nothing contained in any similar document issued by you or Ugozip will in any way modify or add any additional terms or conditions to the Driver’s Terms of Service. If any provision of these Driver’s Terms of Service is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Driver’s Terms of Service shall remain in full force and effect. No right or remedy conferred by these Driver’s Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Ugozip may provide notice to you relating to these Driver’s Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Driver’s Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Driver’s Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Ugozip to insist upon or enforce strict performance by you of any provision of these Driver’s Terms of Service shall not be construed as a waiver of any provision or right. If Ugozip brings any suit or arbitration proceeding against you to enforce these Driver’s Terms of Service or otherwise in connection with your use of the Service, you agree that if Ugozip prevails in such suit or arbitration proceeding Ugozip shall be entitled to recover all costs and expenses incurred in such suit or arbitration proceeding including reasonable attorneys’ fees. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Driver’s Terms of Service. In this Agreement, “person” shall be broadly construed to include individuals and all forms of legal entities; and “third-party” refers to any person other than Ugozip and/or you, the Driver.  This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument. This Agreement creates an independent contractor relationship between you and Ugozip, and shall not be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties.

 

  1. Driver’s Eligibility

 

Ugozip Driver’s Eligibility Guideline of Motor Vehicle Record (MVR).

 

Drivers who applied to Ugozip are considered ineligible if any of the following apply;

Drivers are considered ineligible if any of the following apply;

  • Less than 5 year of U.S. driving experience;
  • Have not held a valid U.S. driver’s license in the preceding year;
  • Driver is under the age of 21;
  • Driver has at least one (1) Major moving violation in past 7 years.
  • Driver requires an SR22 filing

Major violations: (Count as 7 Points)

  • Driving Under the Influence, (DUI) or Driving While Impaired, (DWI);
  • Driving while in possession of alcohol or drugs;
  • Refusal to submit to a lawful request of blood, urine, or breath test;
  • Eluding or Evading Police
  • Reckless Driving;
  • Vehicular Homicide or Assault;
  • Driving with a suspended or revoked license;
  • Hit and Run (Failure to Stop or report);
  • Use of a vehicle while committing a felony;
  • Excessive Speeding, (speed over 21 mph of posted limit);
  • Driving without insurance (requires conviction.)
  • Racing or speed contests.
  • Failure to stop for school bus

 

Minor Violations: (Count as 1 point)

  • Failure to Yield or Failure to Stop;
  • Illegal turn;
  • Improper lane change;
  • Improper use of lane (Carpool lane violation);
  • Driving without proof of insurance (Driving without insurance is a Major)
  • Following too close;
  • Driving too slow/too fast for conditions;
  • Speeding 1 mph to 20 mph above posted limit;
  • Careless Driving (not to be confused with Reckless Driving)
  • Distracted Driving citations (including texting or using phone while driving)
  • Any moving violation not listed as a Major Violation or Administrative Citation, such as “Fix it” tickets, (ie window tint or broken tail light), as well as Failure to Appear at the court, Failure to pay fines or Child Support, Parking citations,  etc.

 

Acceptible MVR’s are those that fall within the criteria shown below. For the purpose of grading, Minor Violations count as 1 point each. Accidents count as 2 points each, unless the driver can provide a Police Report supporting that the driver was 100% not at fault. A “not at fault” accident is 0 points.

Time Frame                  Drivers Ages 21+

Preceding 12 months    No more than 2 point

Preceding 24 months    No more than 3 points

Preceding 36 months    No More than 4 points