Terms of Service
Terms Of Service
Clients of Designated Drivers of Buffalo (hereinafter “DDOB”) agree to the following: The undersigned (hereinafter "Client"), desiring to join DDOB and enjoy the benefits of DDOB Membership and/ or requests driving services through or from DDOB , hereby executes this Agreement (the "Agreement") and agrees to be bound by all of the provisions contained herein.
1. Services. Client hereby subscribes to become a member of the DDOB service described below as (the "Service"), or requests driving services through or from DDOB. The Service consists of connecting Clients with personal drivers to drive members in their own vehicles from one location to another. In some cases, the Service may include driving the Client’s vehicle from one location to another without Client being in the vehicle. DDOB is not a taxi or limousine service and all DDOB drivers (each, a "Driver", and collectively the "Drivers")) are independent contractors, and not employees of DDOB. DDOB provides its Clients access to a pool of well-qualified and certified independent drivers and handles the coordination and administration of the Service for its Clients through its technology platforms.
2. Term. Client may choose to become a Member of DDOB or request DDOB Services as a non-Member . The term of the membership shall a minimum of one year, commencing upon registration and the issuance to Membership and agreeing to these terms of Service. Unless other payment arrangements are made with DDOB, the membership fee, if any, will be paid in advance or automatically billed to Member's designated credit card account or other authorized billing source (i.e. a debit card) on a recurring basis. This Agreement shall automatically renew itself for additional terms equal to the initial term unless Member or DDOB give the other written notice of termination not less than 30 days prior to the expiration of the then- current term. Member has the right to terminate this Agreement and membership in the Service at any time by written (including electronic) notice to DDOB after the initial 12 months agreement. If Member cancels the membership prior to the expiration of the then-current term for which Member has paid its membership fee, the Member shall not be entitled to a refund of all or any portion of the membership fee. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement. DDOB reserves the right to terminate this Agreement and the Service at any time, without cause, on not less than 30 days notice to Member. In the event the Agreement is terminated by DDOB without cause, DDOB will refund to Member all prepaid usage fees plus a pro rated amount of the membership fee. DDOB may also terminate this Agreement without prior notice for "cause", including but not limited to breach of this Agreement by Member. In the event this Agreement is terminated by DDOB for cause, Member shall not be entitled to a refund of any portion of any prepaid usage fees or the membership fee.
3. Fees. Member will pay DDOB a membership fee according to DDOB's standard fee schedule for either Individual, Family, Corporate, or other Membership class. In addition, Member and Clients will pay usage fees and other fees in accordance with DDOB's standard fee schedule. The current fee schedule can be viewed at www.DDOBNY.com. DDOB reserves the right to change the fee schedule at any time on at least 30 days written (including electronic) notice. If Member objects to any fee increase within 30 days of posting of the change by DDOB, Member shall have the right to terminate this Agreement and receive a pro-rated refund of its membership fee, but shall remain liable for all outstanding usage fees. Unless other payment methods acceptable to DDOB are arranged, membership fees and usage fees will be automatically billed and charged to Member's designated credit card account or debit card account. Any Member who uses a debit card as the designated credit card account acknowledges that DDOB will not be responsible for any fees or penalties associated with insufficient funds, bounced checks, or any other form of fee due to a charge for Services hereunder. Member must maintain a credit or debit card account or similar payment account on file with DDOB in order to receive Services. DDOB may automatically charge Member's card monthly for Services used by Member during the prior month, or DDOB may choose to charge usage fees as they are incurred. Once Member has placed its payment account on file with DDOB, DDOB may receive automatic updates of that account information from the financial institution that issued that payment card in order to keep that payment information current. If Member objects to any fees or charges for Services, Member must notify DDOB in writing (including electronically) within 30 days after the fee or charge is incurred (unless applicable law does not allow a limit or the law requires a longer period). If Member fails to object in writing to any charge within such 30 day period, the charge will be deemed approved by Member. Interest will accrue on all delinquent amounts due DDOB hereunder at the lesser of 18% per annum or the highest rate permitted by law from the date the payment was due until actually received by DDOB.
4. Representations and Warranties of Member. Client hereby represents and warrants to DDOB and the drivers that as of the date hereof and as of each date on which he or she requests the DDOB service. Prior to requesting service, Client may be required to provide DDOB certain basic information with respect to the Client’s vehicles that will be used to provide services hereunder, possibly including the make, model number, color, license tag number and vin number (the "Vehicle(s)" ). Client is the rightful owner, lessee or caretaker of the vehicles whose information is provided to DDOB; The registration, license tags, and insurance for the vehicles are current, and the vehicles are insured in at least the minimum amounts required state law; The vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the vehicle to be unsafe to drive; No contraband, substance or other items which are illegal for public transport are concealed or within the vehicle; The vehicle has sufficient fuel to reach the drop-off location; The Client will use the service only for personal, non-commercial use, and only for Client and Clinet’s immediate family (a spouse, parent, or child residing in the same home as Client), and Client may not re-sell the services; The credit card or debit card information provided to DDOB is true and correct. Client has the right, power and authority to pay for the services by such credit card or debit card; There is sufficient credit on the credit card to pay for the services; and Client is 18 years of age or older.
5. Client Covenants and Authorizations. Client hereby covenants, agrees, and authorizes DDOB and Driver as follows:
· To permit the Driver to drive Client’s Vehicle for the purposes set forth in this Agreement.
· To obey all civil and criminal laws, including but not limited to seat belt and open container laws.
· To pay a cancellation or no show fee in an amount of $25.00 if there is a failure to cancel reservation or meet the Driver at pre-arranged pick-up point, unless Member cancels within one hour of scheduled time or in accordance with the cancellation provisions at their current membership level. (Charge will be billed to Member's credit card).
· To pay for any required fuel, tolls, incidentals and parking fees associated with transporting the member and/or their vehicle to their requested destination. (Charge will be billed to Member's credit card along with a 10% processing/administrative fee.)
· To avoid all unnecessary physical contact with the Driver, before, during and after the pick-up and drop-off, and to treat the Drivers with respect and courtesy at all times.
· To pay all usage charges as defined in the Client’s agreement for Services. Such charges will be billed directly to the Client’s credit card on file and if applicable in accordance with the member's current membership level.
· To offer Drivers a gratuity based on the level of service provided. Gratuities to the Driver are added the usage fees for convenience and additional gratuities are appreciated if the Driver meets or exceeds Client’s expectations. If you are unhappy with your service for any reason, gratuities on that transaction can be reduced by simply contacting DDOB the next business day.
· To pay any expenses required to get the Client’s Vehicle to its destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle's fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees and/or tolls and valet charges. There will be a 10% administrative charge for any expenses incurred, and not reimbursed, on the Client’s behalf.
· Subject to paragraphs 9 and 10 below, Client hereby authorizes DDOB or the Driver to seek emergency medical care in the event Member is injured or becomes ill during transport from the pick-up location to the drop-off location.
· Client hereby authorizes DDOB to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency; keys will be retained by DDOB until such time as Client or a family member or other authorized person authorizes their release; and In the event that an emergency arises, Client authorizes DDOB and/or the Driver to attempt to contact any associated with the account as either a profile or account owner.
6. Client Acknowledgements. Client acknowledges that in exchange for the privileges and peace of mind associated with the DDNY/DDOB platform, Client hereby: (a) releases Designated Drivers of Buffalo, Inc, its owners, managers, employees, independent contractors, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the DDOB Service; and (b) agrees not to initiate any legal proceedings against Designated Drivers of Buffalo, Inc., its members, managers, employees, independent contractors, agents or Drivers with respect to any such claims for damages, which Client is releasing. Client is aware that various risks are involved in the DDOB Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, Client wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
7. Reservation of Rights by DDOB. DDOB reserves the right to refuse to provide the DDOB Service to Client, Member, or to any other person if, in the Driver's sole discretion, such service would be unsafe to the Driver because: (a) Client or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (b) the Vehicle is unsafe to drive; or (c) any other facts or circumstances relevant to Driver's safety, as determined in Driver's sole discretion, including but not limited to a request to pick up Client in a location deemed unsafe by Driver.
8. Limitation of Liability. Without limiting any other provisions of this Agreement, DDOB and the Drivers' liability for failure to perform under this Agreement or for injury or damage will be limited to $500. In no event will DDOB or the Drivers be liable for special, incidental, consequential, exemplary or punitive damages, even if advised of their possible existence. Client fully intends and understands that the limitation of liability and indemnification provisions of this agreement shall bind the Client’s family, heirs, assigns, or personal representatives. Client hereby forever releases, acquits and discharges DDOB from any and all liabilities, claims, demands, actions and causes of action that such Member may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any Service. The sole recourse available if the Client is a Member shall be the cancellation of the membership. In the event of an accident with the Vehicle, and it is determined by the police or a final, non-appealable judgment that the Driver was at fault, DDOB will pay up to $500.00 towards Client’s insurance deductible. This is the sole liability of DDOB for damage to the Vehicle or its occupants. Client will look solely to DDOB's insurance policies and to the insurance company on Client’s automobile insurance policy for compensation in the event of an accident.
9. Disclaimer of Warranties. DDOB does not warrant that Services will always be available. Services are subject to availability and DDOB assumes no liability should all Drivers be booked at the precise time when Service is requested. DDOB shall not be liable for delays or failure to provide Service as a result of inclement weather, traffic conditions, construction, or other causes beyond the reasonable control of DDOB and/or the Drivers.
10. Indemnification. Client will indemnify, defend and hold Designated Drivers of Buffalo, Inc, its owners, employees, independent contractors, agents and Drivers harmless from and against any and all losses, claims, liabilities, damages, fines, penalties and expenses (including attorney's fees) arising from or resulting from any breach by Client of the representations, warranties or covenants contained in this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereof. Except as otherwise provided herein, this Agreement may only be amended by mutual written (including electronic) agreement of the parties. Notwithstanding the foregoing, DDOB reserves the right to change usage fees and other pricing on not less than 30 days notice to Member, and DDOB reserves the right to change, add or delete any service, and to implement additional policies and procedures without the consent of Client or Member, provided such changes do not materially alter the obligations of the parties. If any such change materially changes the Service, or results in higher costs charged to Member, Member may either cancel this Agreement or agree to the change. Failure of Member to object to any such change within 30 days of receipt of notice thereof shall be deemed an acceptance of the change. A current copy of the Terms of Service and DDOB's policies and procedures will be available at www.DDOBNY.com.
12. Governing Law. This Agreement is governed by the laws of the State of New York, without regard to conflicts of law principles. Venue for any litigation arising out of this Agreement shall be proper only in Erie County, New York. The parties hereby irrevocably consent to the personal jurisdiction of the state and federal courts situated in Erie County, New York.
13. Severability. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect.
14. Attorney Fees. In the event of any litigation arising out of this Agreement, the prevailing party in any such action shall be entitled to an award of their court costs, expenses and attorney fees incurred in connection therewith at all trial and appellate levels, in addition to any other or further relief to which such prevailing party may be entitled.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. Each Driver is hereby designated as a third-party beneficiary of this Agreement.
16. Force Majeure. In the event the performance by either party of its obligations hereunder (except payment of monies due) is prevented, restricted or interfered with by reason of fire or other casualty or accident; strikes or labor disputes; unavailability of materials, power or supplies; war or other violence; any law, order, proclamation, regulation, ordinance demand or requirement of any governmental agency or intergovernmental body; or any other act or condition whatsoever beyond the reasonable control of the party affected thereby, the party so affected shall be excused from such performances to the extent of such prevention, restriction or interference.
17. Acceptance of Agreement by DDOB. Designated Drivers of Buffalo, Inc will be deemed to have accepted this Agreement, without execution, upon the acceptance of payment of annual membership fee and the issuance to Member of a Member Number. By joining Designated Drivers of Buffalo, Inc electronically without a manual signature, or requesting service electronically agreeing to the terms of service without a manual signature, Client or Member acknowledges that he or she has read and understood this Agreement and agrees to be legally bound by its terms.
I have read and agree to DDOB Inc. Terms of Service.*