These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Passenger,” “Rider,” or “Driver”) and Vamonos Ride (“Vamonos Ride,” “we,” “our,” or “us”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING VAMONOSRIDE.COM OR ANY WEBSITE, MOBILE APPLICATION, SOFTWARE, COMMUNICATION SERVICE, OR OTHER SERVICE PROVIDED BY VAMONOS RIDE (collectively, the “Platform”).
By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not use the Platform.
1. NATURE OF VAMONOS RIDE
VAMONOS RIDE IS NOT A TRANSPORTATION COMPANY AND DOES NOT ITSELF PROVIDE TRANSPORTATION SERVICES.
Vamonos Ride operates as a Transportation Network Company (“TNC”) and technology-based platform designed to facilitate connections and communications between independent Drivers who may offer transportation services and Passengers seeking transportation.
Vamonos Ride provides the technology and networking platform through which Drivers and Passengers may locate, communicate with, and enter into transportation arrangements with one another.
Vamonos Ride does not own, operate, control, maintain, or drive the vehicles used to provide transportation unless expressly stated otherwise.
Transportation services are provided exclusively by independent third-party Drivers.
2. VAMONOS RIDE IS A CONNECTION PLATFORM
The primary purpose of the Vamonos Ride Platform is to connect individuals seeking transportation with independent Drivers willing to provide transportation.
Vamonos Ride may provide features that allow Users to:
- Create Driver and Passenger profiles;
- Locate or identify available Drivers and Passengers;
- Communicate with one another;
- Request or offer transportation;
- Review Driver or Passenger information;
- Establish pickup and destination information;
- Negotiate or establish transportation prices;
- Provide ratings or reviews;
- Exchange contact information; and
- Access other community or transportation-networking features.
Unless otherwise expressly stated, Vamonos Ride does not determine whether a Driver must accept a particular Passenger or transportation request.
Drivers retain the right to accept or decline transportation opportunities, subject to applicable law and Vamonos Ride policies.
3. INDEPENDENT DRIVERS
Drivers using the Vamonos Ride Platform are independent third parties and are not employees, agents, partners, representatives, or joint venturers of Vamonos Ride solely by reason of their use of the Platform.
Drivers are independently responsible for the transportation services they agree to provide.
Nothing contained in these Terms creates an employer-employee, principal-agent, partnership, franchise, or joint venture relationship between Vamonos Ride and any Driver.
Drivers are responsible for complying with all applicable federal, state, and local laws and regulations relating to their transportation activities, including applicable requirements concerning:
- Driver licensing;
- Vehicle registration;
- Vehicle inspections;
- Automobile insurance;
- TNC or rideshare insurance requirements;
- Permits or operating authority;
- Taxes;
- Safety requirements; and
- Any other legal requirements applicable to providing transportation.
4. DRIVER AND PASSENGER TRANSPORTATION AGREEMENT
When a Driver agrees to provide transportation to a Passenger, the transportation arrangement is entered into directly between the Driver and Passenger.
Vamonos Ride is not a party to the transportation agreement between the Driver and Passenger except to the extent required by applicable law.
The Driver is solely responsible for actually providing the transportation service.
The Passenger is responsible for determining whether to accept transportation from a particular Driver.
Users acknowledge that Vamonos Ride provides the Platform through which Drivers and Passengers can connect but does not itself perform the transportation.
5. FARES, PRICING, AND PAYMENT
ALL PAYMENTS FOR TRANSPORTATION SERVICES ARE TRANSACTIONS BETWEEN THE DRIVER AND PASSENGER.
Unless Vamonos Ride expressly introduces an authorized payment-processing feature, Vamonos Ride does not collect, hold, process, transfer, or distribute transportation fares on behalf of Drivers or Passengers.
Drivers may establish or negotiate their own transportation price with Passengers.
Before transportation begins, the Driver and Passenger are responsible for reaching an agreement concerning the fare or other compensation for the transportation service.
Payments may be made using a payment method mutually agreed upon between the Driver and Passenger, subject to applicable law.
Such methods may include third-party payment services or other lawful payment methods agreed upon by the Driver and Passenger.
VAMONOS RIDE IS NOT A PARTY TO THE PAYMENT TRANSACTION BETWEEN A DRIVER AND PASSENGER.
Vamonos Ride does not guarantee payment by a Passenger or performance by a Driver.
6. PAYMENT DISPUTES
Any dispute involving:
- Transportation fares;
- Nonpayment;
- Overpayment;
- Refunds;
- Chargebacks;
- Cancellations;
- Tips;
- Additional stops;
- Waiting time;
- Tolls;
- Cleaning charges;
- Property damage; or
- Any other payment associated with transportation
is primarily a matter between the Driver and Passenger involved in the transaction, except where applicable law requires otherwise.
Vamonos Ride may, at its sole discretion, provide information reasonably available through the Platform to assist Users in resolving disputes, but Vamonos Ride is not obligated to adjudicate private payment disputes between Drivers and Passengers.
Vamonos Ride shall not be responsible for losses resulting from a Driver’s or Passenger’s failure to pay, refund, reimburse, or otherwise satisfy a financial obligation to another User.
7. THIRD-PARTY PAYMENT SERVICES
Drivers and Passengers may choose to use third-party payment services to conduct transactions.
Any use of a third-party payment service is governed by the terms, conditions, privacy policies, and rules of that third-party provider.
Vamonos Ride does not control third-party payment providers and is not responsible for:
- Failed payments;
- Delayed transfers;
- Frozen accounts;
- Payment reversals;
- Chargebacks;
- Fraudulent transactions;
- Account restrictions;
- Processing fees; or
- Other actions taken by a third-party payment provider.
Users are responsible for verifying payment information before sending or accepting funds.
8. DRIVER RESPONSIBILITIES
Each Driver is solely responsible for maintaining all licenses, registrations, insurance coverage, permits, inspections, and other qualifications required by applicable law.
Drivers must operate their vehicles safely and lawfully.
Drivers are responsible for ensuring their vehicles are maintained in a safe operating condition and comply with applicable vehicle and TNC requirements.
Drivers are responsible for their own taxes, expenses, fuel, maintenance, insurance, and other costs associated with providing transportation.
Drivers may not represent themselves as employees of Vamonos Ride.
9. PASSENGER RESPONSIBILITIES
Passengers are responsible for providing accurate pickup and destination information and for communicating clearly with Drivers.
Passengers must comply with applicable laws and must not engage in threatening, abusive, discriminatory, fraudulent, destructive, or unlawful behavior.
Passengers are responsible for any fare or other amount they voluntarily agree to pay a Driver.
Passengers are also responsible for damage they intentionally or negligently cause to a Driver’s vehicle or property, subject to applicable law.
10. USER ELIGIBILITY AND ACCOUNTS
Users must meet all applicable age and legal requirements to create an account and use the Platform.
Users agree to provide accurate, current, and complete information when creating or maintaining an account.
Users are responsible for maintaining the confidentiality and security of their account credentials and are responsible for activities conducted through their accounts.
Vamonos Ride reserves the right to suspend or terminate accounts for violations of these Terms, fraudulent activity, unsafe conduct, misuse of the Platform, or other conduct that Vamonos Ride reasonably determines may harm Users, the Platform, or the public.
11. SAFETY
Drivers and Passengers are responsible for exercising reasonable judgment when interacting with individuals they meet through the Platform.
Users should verify the identity of the Driver or Passenger and, where applicable, vehicle information before beginning transportation.
Users must comply with applicable seat-belt, passenger-capacity, child-restraint, accessibility, and other transportation safety laws.
12. ZERO TOLERANCE FOR DISCRIMINATION
Vamonos Ride does not tolerate unlawful discrimination or harassment.
Drivers and Passengers may not discriminate against another User based upon any characteristic protected under applicable federal, state, or local law.
Violation of this policy may result in suspension or permanent removal from the Vamonos Ride Platform.
13. SERVICE ANIMALS AND ACCESSIBILITY
Drivers must comply with all applicable federal, state, and local laws concerning passengers with disabilities and service animals.
A Driver may not unlawfully refuse transportation because a Passenger is accompanied by a legally recognized service animal.
14. NO GUARANTEE OF TRANSPORTATION
Vamonos Ride does not guarantee that a Driver will be available at any particular time or location.
Vamonos Ride does not guarantee that a Passenger will receive transportation after posting or requesting a ride.
Vamonos Ride does not guarantee the quality, safety, legality, availability, timeliness, or suitability of transportation offered by independent Drivers except to the extent such responsibilities cannot legally be disclaimed.
15. PLATFORM AVAILABILITY
The Vamonos Ride Platform is provided on an “AS IS” and “AS AVAILABLE” basis to the maximum extent permitted by law.
Vamonos Ride does not guarantee uninterrupted or error-free operation of the Platform.
The Platform may occasionally be unavailable because of maintenance, technical problems, internet outages, third-party service interruptions, or circumstances beyond Vamonos Ride’s reasonable control.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAMONOS RIDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF THE PLATFORM OR TRANSPORTATION PROVIDED BY AN INDEPENDENT DRIVER.
Vamonos Ride is not responsible for the independent acts or omissions of Drivers or Passengers except to the extent responsibility is imposed upon Vamonos Ride by applicable law.
Nothing in these Terms is intended to disclaim, waive, or limit any duty or liability that cannot legally be disclaimed, waived, or limited.
17. USER DISPUTES
Drivers and Passengers are responsible for their interactions and agreements with one another.
Any dispute concerning the actual transportation service, agreed fare, payment, conduct, property, or other matter arising directly between a Driver and Passenger should first be addressed between those parties.
Vamonos Ride reserves the right, but does not assume an obligation, to investigate reports involving violations of Platform rules, fraud, safety concerns, or unlawful conduct.
18. INDEMNIFICATION
To the fullest extent permitted by law, Users agree to indemnify, defend, and hold harmless Vamonos Ride and its owners, officers, directors, employees, affiliates, contractors, and agents from claims, damages, losses, liabilities, and reasonable expenses arising from:
- The User’s use or misuse of the Platform;
- The User’s violation of these Terms;
- The User’s violation of applicable law;
- Transportation provided or received by the User;
- Agreements or payment transactions between Drivers and Passengers; or
- The User’s infringement or violation of another person’s rights.
19. TAXES
Drivers are responsible for determining and satisfying their own tax obligations arising from money received for transportation services unless applicable law provides otherwise.
Vamonos Ride does not provide tax advice.
20. TERMINATION
Vamonos Ride may suspend, restrict, or terminate a User’s access to the Platform when reasonably necessary to enforce these Terms, protect Users, comply with applicable law, investigate suspected fraud or misconduct, or protect the security and integrity of the Platform.
Users may discontinue use of the Platform at any time.
21. CHANGES TO THESE TERMS
Vamonos Ride may revise these Terms periodically.
Updated Terms will be posted on VamonosRide.com or otherwise provided to Users as required by applicable law.
Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
22. GOVERNING LAW
These Terms shall be governed by the laws of the State of [INSERT STATE], without regard to conflict-of-law principles, except where federal law or another applicable jurisdiction’s law controls.
23. DISPUTE RESOLUTION AND ARBITRATION
IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except where prohibited by applicable law, disputes arising from these Terms or use of the Vamonos Ride Platform shall be resolved through binding individual arbitration rather than in court.
To the fullest extent permitted by law, Users and Vamonos Ride waive the right to a jury trial and the right to participate in a class, collective, or representative action.
The specific arbitration administrator, rules, venue, procedures, costs, opt-out rights, and exceptions shall be provided in accordance with applicable law.
24. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
25. ENTIRE AGREEMENT
These Terms, together with the Vamonos Ride Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between the User and Vamonos Ride concerning use of the Platform.
26. CONTACT INFORMATION
Questions regarding these Terms may be directed to:
Vamonos Ride
Website: VamonosRide.com
Email: vamonosride@gmail.com
IMPORTANT PAYMENT AND TRANSPORTATION ACKNOWLEDGMENT
BY USING VAMONOS RIDE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VAMONOS RIDE IS A TRANSPORTATION NETWORK COMPANY/TECHNOLOGY PLATFORM AND IS NOT THE ACTUAL PROVIDER OF TRANSPORTATION SERVICES. TRANSPORTATION IS PROVIDED BY INDEPENDENT THIRD-PARTY DRIVERS.
THE DRIVER AND PASSENGER ARE RESPONSIBLE FOR AGREEING UPON THE PRICE OF TRANSPORTATION. UNLESS EXPRESSLY PROVIDED OTHERWISE BY VAMONOS RIDE, ALL TRANSPORTATION PAYMENTS ARE MADE DIRECTLY BETWEEN THE PASSENGER AND DRIVER, AND VAMONOS RIDE DOES NOT RECEIVE, HOLD, PROCESS, OR DISTRIBUTE THE TRANSPORTATION FARE.
THE DRIVER IS RESPONSIBLE FOR PROVIDING THE TRANSPORTATION SERVICE, AND THE PASSENGER IS RESPONSIBLE FOR PAYING THE DRIVER THE MUTUALLY AGREED AMOUNT.