Drive One LLC

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Term And Conditions

DriveOne LLC Terms of Service

Last Updated: June 1, 2024

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and DriveOne LLC., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “DriveOne LLC.,” “we,” “us” or “our”) governing your use of the DriveOne LLC. applications, websites, technology, facilities, and platform (collectively, the “DriveOne Platform”).

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND DRIVEONE CAN BE BROUGHT THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST DRIVEONE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, and/or by using or accessing the DriveOne Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DRIVEONE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE DRIVEONE PLATFORM. If you are accessing or using DriveOne Platform to access or use DriveOne Business services on behalf of an organization contracted with DriveOne, and you are not accessing or using the DriveOne Platform as a Rider or Driver, your access and use is governed by the contract between DriveOne and your organization.

When using the DriveOne Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and DriveOne.

Modification to the Agreement

DriveOne reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. DriveOne reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the DriveOne Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). 

Eligibility

The DriveOne Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The DriveOne Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by DriveOne. To use the DriveOne Platform, each User shall create a User account. Each person may only create one User account, and DriveOne reserves the right to deactivate any additional or duplicate accounts.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the DriveOne Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the DriveOne Platform is limited solely to accessing and using DriveOne Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such DriveOne Services and/or Third-Party Services, (b) you determine that the DriveOne Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the DriveOne Platform and applicable DriveOne Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the DriveOne Platform, (d) you ensure that the minor does not request or accept any Ride Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of the DriveOne Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of Ride Services, DriveOne Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Ride Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, including as set forth in your market. (“DriveOne LLC Cities Page”), plus any tips to the Driver that you elect to pay. DriveOne has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market DriveOne LLC Page or 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 (e.g., shared, economy, extra seats, luxury) as described on your market DriveOne Page or within the DriveOnePlatform. You are responsible for reviewing the applicable DriveOne Page or price quote within the DriveOne Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Ride Service Fares (“Fares”). There are two types of Fares, quoted and variable.

• Quoted Fares. When you make a ride request using the DriveOne Platform, DriveOne will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the DriveOnePlatform, we may, at DriveOne’s sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. DriveOne does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Ride Service Fees and Other Charges below, as applicable.

• Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Ride Service Fees and Other Charges below, as applicable.

Ride Service Fees and Other Charges.

• Service Fee. DriveOne may charge a “Service Fee” for each ride, as set forth on the applicable DriveOne Page.

• Prime Time. At certain times, including times of high demand for Ride Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.

• Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
• Cancellation Fee. After requesting a ride, you may cancel it through the DriveOne Platform but note that in certain cases a cancellation fee may apply. DriveOne may also charge a fee if you fail to show up after requesting a ride.

• Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by DriveOne LLC in its sole discretion), towards vehicle repair or cleaning. DriveOne reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Abuse Fee. If we receive a credible report that you have misused or abused the DriveOne Platform, you agree to pay an “Abuse Fee” of up to $250 as determined by DriveOne in its sole discretion. DriveOne reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.

• Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. We do not guarantee that the amount charged by DriveOne will match the toll charged.

 Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by DriveOne or its marketing partners. In addition, where required by law DriveOne will collect applicable taxes.

Charges Generally.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). DriveOne may replace its third-party payment processor without notice to you. Your payment of Charges to DriveOne satisfies your payment obligation for your use of the DriveOne Platform, DriveOne Services, Third-Party Services, and Ride Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that DriveOne may charge your other available payment methods in the DriveOne Platform. If you don’t recognize a transaction, then check your ride receipts and payment history.

No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the DriveOne Platform, any disruption to the DriveOne Services, Third-Party Services, or Ride Services, or any other reason whatsoever.

Third-Party Charges. If you choose to purchase Third-Party Services through the DriveOne Platform, you authorize your payment method on file to be charged according to the pricing terms set by DriveOne or the third-party provider, or as otherwise provided in the terms of the purchased services.

Payment Card Authorization. Upon addition of a new payment method or each request for DriveOne Services, Ride Services, or Third-Party Services, DriveOne may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. DriveOne is not responsible for these charges and is unable to assist you in recovering them from your issuing bank.