Last Updated: March 1, 2019.
1. Contractual Arrangement
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Zypps may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. Modification of Agreement
Periodically, Zypps may amend the Terms. Any amendments made will become effective upon posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Zypps changes these Terms after the date you first agreed to the Terms(or to any subsequent changes to these Terms), you may reject any such change by providing Zypps written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c / o Zyleck Technologies, Inc. (refer to contact information here online for specific mailing address). In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
3. The Zypps Infrastructure
The Zypps Infrastructure provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched and scheduled with persons driving to or routed through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Zypps Infrastructure. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Infrastructure shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services 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.
4. Eligibility and Use of Account
In order to use the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Zypps certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Zypps. You agree to maintain accurate, complete, and up - to - date information in your Account. Your failure to maintain accurate, complete, and up - to - date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Zypps in writing, you may only possess one Account.
Subject to your compliance with these Terms, Zypps grants you a limited, non - exclusive, non - sub licensable, revocable, non - transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Zypps and Zypps's licensors.
6. Network Access and Devices
As a User, you are responsible for obtaining and maintaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Zypps does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
As a Rider, you agree to pay the amounts charged for your use of the Zypps Infrastructure and Services (“Charges”). For Riders, charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on Zypps’s website, plus any tips to the Driver that you elect to pay. Zypps has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on our Website. Pricing may vary based on the type of service and vehicle you request (e.g., Limousine, SUV, VAN, Standard, Luxury or pooled rides) as described on Zypps’s website. You are responsible for reviewing the applicable Zypps pricing and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
There are three types of fares, fixed, variable & pooled.
Fixed fares consist of a base charge and incremental charges based on the estimated duration and estimated distance of your ride, as well as the time of day that you scheduled your ride for pickup. For some rides, minimum fares may apply. Please note that we use GPS data to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data.
In some instances, Zypps may quote you a Fare at the time of your request. The quote is subject to change until the Ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Zypps Infrastructure, we may cancel the fare quote and charge you a fixed fare based on the time and distance of your ride. Zypps does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Pooled Ride Fares.
We may offer you an option to have a pooled ride. Accepting a pooled ride means you are consenting to have Zypps placed another rider in the car with you for part of or the full duration of your ride. If Zypps does so, it will offer you a discount that will be credited to your Zypps account, which you may use solely to pay for future rides on the Zypps network.
b) Fees and Other Charges
As a Rider, Zypps may assess a per - ride “Service Fee” to support the Zypps Infrastructure and related services provided to you by Zypps. The amount of the Service Fee may vary but shall be retained by Zypps in its entirety. As a Driver, you may be charged a registration fee and a monthly recurring access fee.
After requesting a ride as a rider or accepting a ride as a driver you may cancel it through the App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting the ride as a rider or accepting a ride as a driver. Please contact our Customer Support to learn more about Zypps’s cancellation policy, including applicable fees. Collected cancellation fees may be passed on to a rider or driver that had requested or had accepted your ride request.
Rider 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 Zypps in its sole discretion), towards vehicle repair or cleaning. Zypps reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Rider Damage Fee. Collected Rider Damage Fees (less third party processing cost) will be passed on in their entirety to the Driver whose car was damaged.
As a Rider, in some instances, tolls (or return tolls) may apply to your ride. Please contact our Customer Support for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by Zypps will match the toll charged to the Driver, if any. The amount of collected tolls (and return tolls– less third party processing cost) will be passed on in their entirety to the Driver who provided your ride.
Other fee and surcharges may apply to a ride for both drivers and riders, including: actual or anticipated airport fees, state or local fees, event fees as determined by Zypps or its marketing partners, and processing fees. In addition, where required by law Zypps will collect applicable taxes. These other charges are not shared with Users unless expressly stated otherwise. Contact our Customer Support for details on other Charges that may apply to a ride.
Following a ride, a rider may elect to tip a Driver in cash or through the Zypps application. Tips will be shared with the applicable Driver.
Facilitation of Charges.
All Charges are facilitated through a third - party payment processing service (Braintree, a division of PayPal, Inc.). Zypps may replace its third - party payment processing services without notice to you. Charges shall only be made through the Zypps Infrastructure. With the exception of tips, cash payments are strictly prohibited.
Zypps provides a ride scheduling service of such you may book a ride as a rider or accept a ride as driver long before the actual trip occurs. We provide you with a window to cancel the ride and you will receive a full refund as rider. However, once the cancelation window has passed, you may incur cancellation fees. All Charges after the cancelation window has passed are non - refundable. This no - refund policy shall apply at all times regardless of your decision to terminate usage of the Zypps Infrastructure, any disruption to the Zypps Infrastructure or Services, or any other reason whatsoever.
Credits and Ride Discounts.
You may receive credits ("Zypps Credits") or Ride discounts ("Ride Discounts") that you can apply toward payment of certain Charges upon completion of a Ride. Zypps Credits and Ride Discounts are only valid for use on the Zypps Infrastructure, and are not transferable or redeemable for cash except as required by law. Additional restrictions on Zypps Credits and Ride Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant Zypps Credit or Ride Discount within the Payments section of the Zypps App.
Credit Card Authorization.
Upon addition of a new payment method or each ride request, Zypps may seek authorization of your selected payment method to verify the payment method, ensure the ride cost 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 check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Contact our Customer Support to learn more about our use of pre - authorization holds.
d) Payouts to Drivers
As a Driver on the on the Zypps Network, you will receive payment for your provision of Services. All Fare payments are subject to a Zypps Commission as discussed herein. You will also receive any tips provided by Riders to you; however, tips will be subjected to Zypps’s standard Commission. Zypps 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.
In exchange for permitting you to offer your Services through the Zypps Infrastructure and marketplace as a Driver, you agree to pay Zypps (and permit Zypps to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission is posted on the Zypps website. Zypps reserves the right to change the Commission at any time in Zypps’s discretion based upon local market factors, and Zypps will provide you with notice in the event of such change. Continued use of the Zypps Infrastructure after any such change in the Commission calculation shall constitute your consent to such change.
You expressly authorize Zypps to set the prices on your behalf for all Charges that apply to the provision of Services. Zypps reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and / or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits based on local jurisdictional requirements.
Zypps reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse Zypps or Zypps’ s payment systems, (ii) in order to resolve a Rider complaint (e.g., you did not follow Zypps’ s recommended routing). However, Zypps’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
8. Disclaimers; Limitation of Liability; Indemnity
a) Limitation of liability
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE RIDE PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR(B) $50. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Zypps PROVIDES THE Zypps INFRASTRUCTURE AND Zypps SERVICES TO YOU "AS IS" AND "AS AVAILABLE." Zypps AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE Zypps INFRASTRUCTURE OR Zypps SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE Zypps INFRASTRUCTURE AND Zypps SERVICES IS AT YOUR SOLE RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Zypps AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH Zypps SERVICES ARE PROVIDED OR REQUESTED THROUGH THE Zypps INFRASTRUCTURE;
(B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE Zypps INFRASTRUCTURE OR Zypps SERVICES, BREACHES CAUSED BY THIRD PARTIES, ERRORS ON THE Zypps INFRASTRUCTURE OR WITH Zypps SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES(INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN E - MAILS SENT THROUGH THE Zypps INFRASTRUCTURE); AND
(C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE Zypps INFRASTRUCTURE OR Zypps SERVICES.
You shall indemnify, defend and hold harmless Zypps, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers(collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys ' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) your use of the Zypps Infrastructure or Zypps Services; (ii) your violation of this Agreement; or (iii) in the case of the orders provided by Zypps as part of Zypps Services, complying with your express instructions to Zypps to stop such order. Zypps reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Zypps.
9. Copyright and trademarks
The Zypps Infrastructure and Zypps Services, the content and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Zypps or third parties, and all right, title and interest therein and thereto shall remain the property of Zypps and / or such other third parties. The Zypps Infrastructure and Zypps Services may be used only for the purposes permitted by this Agreement or described on the Zypps Infrastructure. You are authorized solely to view and to retain a copy of the pages of the Zypps Infrastructure for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Zypps Infrastructure, Zypps Services or any portion thereof for any public or commercial use without the express written permission of Zypps. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Zypps Infrastructure (or printed pages thereof). The name Zypps and other names and indicia of ownership of Zypps's products and/or services referenced on this site are the exclusive marks of Zypps and its parent company. Other product, service and company names appearing on the site may be trademarks of their respective owners.
10. Links to other infrastructure
The Zypps Infrastructure may contain links and pointers to other World Wide Web Internet Infrastructures and resources (the "Linked Infrastructure"). Links to any Linked Infrastructure do not constitute an endorsement by or association with Zypps or any of its affiliates of any third party resources or their contents. Links do not imply that Zypps is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Infrastructure are authorized to use any trademark, trade name, logo or copyright symbol of Zypps or any of its affiliates. You should direct any concerns regarding any Linked Infrastructure to such Linked Infrastructure administrator. Zypps does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Infrastructure. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Infrastructure shall be at your sole risk.
11. Violations of rules and regulations
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.
12. Entire agreement
This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and Zypps and supersedes and terminates all prior agreements or understandings you may have with Zypps.
We have the right to assign this Agreement to a subsidiary or Affiliate Company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
15. Governing law
This Agreement shall be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Infrastructure may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays or errors in transactions resulting from other parties. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of the Agreement. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof.