Effective: December 1, 2018 (Version 5.5)
These Terms and Conditions (“T&C“) set forth the terms and conditions Roadie. Inc., a Delaware corporation (“Roadie”) requires you to accept if you want to use or receive any Roadie services (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (“App”). The terms and conditions stated or referenced herein constitute a legal agreement between you and Roadie. By using or receiving any Services, or downloading, installing or using any App, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at https://www-qa.roadie.com or through our Services. Upon such using or receiving our Services or App you become a “User” of Roadie’s Services and App, whether as a “Driver” or a “Sender“, as further described herein.
You may only access the Services using the App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). Roadie is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. Roadie reserves the right to terminate your use of our Services or App if you do so with an incompatible or unauthorized Device.
Roadie reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or App at any time, effective upon posting of an updated version of the T&C on our website www.roadie.com and on our App. Roadie will use reasonable efforts to inform its Users of material changes via email, but you are still responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or App after any updates shall constitute your consent to such all changes to the T&C contained in such update.
Our Services Unite Drivers and Senders
Our App and Services make possible a connection between those individuals and/or businesses that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Senders“) and those individuals and/or businesses seeking to perform pick-up, carrying and delivery services (“Drivers“). The performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Gig.” Drivers and Senders together are referred to as “Users“.
Our App and Services connect third party Drivers who want to deliver Gigs for third party Senders, and give Senders a way to find those Drivers and schedule their Gigs. Drivers are self-employed/independent contractors who choose to make deliveries for Senders posting on our platform. Roadie does not control whether a Driver chooses to offer for a particular Gig on our platform, or whether or not a Driver makes a business out of providing deliveries services, either using our platform or otherwise. Accepting deliveries through the Roadie platform does not preclude a Driver from providing delivery services under another platform, or for other persons simultaneously.
ROADIE IS A PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD PARTY DRIVER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED BY SENDERS.
Roadie Not Responsible for Performance of its Drivers or its Senders
Our Services and App enable connections between our Users to contract for Gigs; however Roadie has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our Services, our App, in public, private, or offline interactions, or otherwise. That’s why we rely on YOU, our Users, to follow some rules to keep the Roadie community safe, friendly and helpful for all!
Most importantly, you need to know that every time you use the App or Services, you expressly agree, represent and warrant that, at the time of each such use:
- You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these T&C and to fulfill its complete terms and conditions.
- Your use of the App or Services is for your sole, personal use and you will not resell either to a third party.
- You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age. If you are not the required age you must not use the App and Services.
- You will only create one User account.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our App or Services.
- You will provide Roadie with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Roadie.
- You will not represent yourself to be an agent, representative, employee or affiliate of Roadie.
- You will only use the Services or App for lawful purposes and in accordance with all applicable laws and regulations.
- You will not use the Services or App for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will not collect or store any information about any other User.
- You will not use any information about any other User other than as strictly needed during the performance of a Gig.
- You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third party, including other Users.
- You will not copy, or distribute the App or text, graphics, images, music, software, audio, video, information or other like materials related to the Services or App (“Content“) without written permission from Roadie.
- You will not use our Services or App in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or App.
- You will not infringe the rights of any third party (including Users) and including, intellectual property, privacy, publicity or contractual rights.
- You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which You may become aware as a User of the Services or App, except as necessary to carry out and perform under these T&Cs.
- You will not assist any third-party in any of the above.
Driver Background Checks
Many Drivers accepting certain Gigs are required to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and “Background Check”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number and consent to Roadie having our CRA conduct a Background Check on you prior to allowing you to perform Gigs, and thereafter as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law). The Roadie Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report, and does not include a credit check. The full details of what is needed to pass the Background Check and other details can be found in our FAQ.
The Roadie Background Check is conducted by an independent third-party CRA, and Roadie has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check.
SENDERS SHOULD ALWAYS CHECK A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR GIG.
Roadie does not conduct Background Checks or screening on any Sender for the purposes of allowing them to use our App or Services. However Roadie reserves the right to begin conducting such checks and screening of all Users (including Senders) as it deems appropriate in its sole discretion.
Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times during the use of our Services and App you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY USING OUR APP AND SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN GIGS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
Restrictions on Gig Contents
Senders are prohibited from including in any Gig, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Gig containing the following “Prohibited Items”:
- Any animal (1) not included on the “Accepted Live Animal List”; or (2) not packaged in accordance with the applicable rules below, or (3) that is sick, injured or aggressive to people or other animals.
- Anything illegal including, without limitation, recreational drugs and other contraband.
- Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
- “Special Items” listed below, unless the Sender has the written permission of Roadie.
ANY DRIVER DISCOVERING A PROHIBITED ITEM IN A GIG SHALL IMMEDIATELY NOTIFY ROADIE AT SUPPORT@ROADIE.COM FOR FURTHER DIRECTION.
Only certain Senders with special written permission from Roadie may send the “Special Items” listed below. These Senders are required to disclose each such Special Item when setting up the Gig and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to such Special Items:
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB). Only if the items must have been paid for and are being delivered to a person who is 21 years of age or older.
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount. Only if the items are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
- Common fireworks. Only if the items must have been paid for and are being delivered to a person who is 21 years of age or older.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons. Only if the items must have been paid for and are being delivered to a person who is 21 years of age or older.
- Any “Hazardous Material”, categorized as limited or excepted quantities as defined in 49 C.F.R. Only if packaged and labeled in accordance with all applicable laws.
- Prescription drugs and medicines (excluding medical marijuana) or over the counter medicine. Only if the items must have been paid for and are being delivered to the prescription holder.
- Heavy haul, oversize or overweight items (including, item(s) collectively weighing 300 lbs. or over).
Certain Gigs containing Special Items, including cigarettes, tobacco products, wine, beer or other alcoholic beverages, firearms, weapons, firearm parts, weapon parts, or ammunition, require Drivers to be 21 years of age and also to possess special qualifications, permits, licenses and/or insurance before offering on any Gig containing such items. Gigs containing HAZMAT may require the Driver to have a special vehicle, equipment or license in order to carry and deliver the Gig.
Drivers are responsible for knowing and complying with all requirements to carry such Special Item, whether included in these T&C and/or imposed by applicable law.
CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES
A Driver must be 21 years of age to deliver any Gig containing cigarettes, tobacco products, wine, beer or other alcoholic beverages.
When delivering a Gig including cigarettes, tobacco products, wine, beer or other alcoholic beverages, a Driver shall request a valid, government-issued identification demonstrating that the Gig recipient is 21 years of age or older. Examples of valid, government-issued IDs are Driver’s licenses, Passports, U.S. military IDs (active duty or retired military and their dependents, and DoD civilians), and Permanent Resident Cards.
When delivering a Gig including wine, beer or other alcoholic beverages, a Driver shall also verify that the Gig recipient is not visibly intoxicated before delivering the Items. Many States have laws prohibiting the delivery of any alcoholic beverages to anyone who is visibly intoxicated and a Driver can be personally liable for doing so. Before offering on a Gig containing any alcoholic beverage a Driver must be familiar with the signs of visible intoxication.
What are the signs of “Visible Intoxication”?
If you can tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. Some common signs of visible intoxication are listed below. These are not all of the possible signs. And if a person shows just one or two of these signs that does not necessarily mean the person is intoxicated. But if a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
IF YOU’RE NOT SURE, DON’T DELIVER THE GIG AND CONTACT ROADIE SUPPORT.
- Bloodshot, glassy, or watery eyes
- Flushed face
- Droopy eyelids
- Blank stare or dazed look
- Twitching or body tremors
- Disheveled clothing
- Odor of alcohol, marijuana or chemicals
- Excessive perspiration
- Thick, slurred speech
- Loud, noisy speech
- Speaking loudly, then quietly
- Rambling train of thought
- Unusually fast or slow talking
- Slow response to questions or comments
- Repetitive statements
- Bravado, boasting
- Making irrational statements attitude
- Aggressive or belligerent
- Obnoxious or mean
- Inappropriate sexual advances
- Swaying, staggering, or stumbling
- Depressed or sullen
- Crying or moody
- Extreme or sudden change in behavior
- Overly animated or entertaining
- Crude, inappropriate speech or gestures
- Drowsiness or falling asleep
- Lack of focus and eye contact
- Difficulty standing up
- Unusual walk
- Difficulty remembering
- Agitated, anxious
- Grinding teeth
IF A DRIVER CANNOT COMPLETE THE DELIVERY OF A GIG CONTAINING CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DUE TO A FAILURE PRODUCE A VALID, GOVERNMENT-ISSUED IDENTIFICATION DEMONSTRATING THAT THE GIG RECIPIENT IS 21 YEARS OF AGE OR OLDER, OR DUE TO THE GIG RECIPIENT BEING VISIBLY INTOXICATED, THE DRIVER SHALL IMMEDIATELY NOTIFY ROADIE AT SUPPORT@ROADIE.COM FOR FURTHER DIRECTION.
Other details regarding the delivery of cigarettes, tobacco products, wine, beer or other alcoholic beverages can be found in our FAQ.
FIREARMS AND WEAPONS
Drivers must check to ensure that all firearms, weapons, firearm parts, weapon parts, or ammunition being transported by such Driver are contained in a locked container and the container placed in the trunk of the vehicle for the duration of the Gig. For other rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please click on the following links:
HAZARDOUS MATERIALS (“HAZMAT”)
HAZMAT may be sent only in small or excepted quantities as defined in 49 C.F.R.. A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂).
- Prior to posting or offering on any Gigs containing HAZMAT in any form, all Users have the responsibility to know the complete listings or tables of HAZMATs by clicking on the following links:
Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAT:
- Senders have the responsibility to, and Drivers must check to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, an emergency contact telephone number.
- There are a myriad of other legal requirements Drivers and Senders are required to know and must satisfy before posting or transporting HAZMAT to avoid paying massive fines. Please see:
ACCEPTED LIVE ANIMALS
Before including any live animal in a Gig, a Sender is required to fully disclose and describe the animal and must fully comply with all restrictions and packing requirements with respect to the animal set forth below, as well as all applicable laws and regulations with respect to transporting such animal. Below is a comprehensive list of live animals that may be included in a Gig. Senders may only include in a Gig an animal LISTED BELOW, NO other live animals may be sent.
- Dogs, puppies, cats, kittens, guinea pigs, hamsters, mice, rabbits, rats, squirrels and flying squirrels, if a household pet and if not excluded in the Prohibited Animal List
- Amphibians (All): Examples: frogs, salamanders, toads, provided, they are non-poisonous
- Crustaceans (All): Examples: crabs, crawfish, lobsters, shrimp
- Fish (All)
- Insects (limited to beneficial insects only): Examples: bees, butterflies, crickets, lady bugs
- Mollusks (All): Examples: clams, mussels, snails
- Lizards: Examples: such as chameleons, geckos, iguanas, monitors, flying dragons
- Turtles (Limited to the following): freshwater turtles (except snapping turtles), land tortoises, sea turtles
- Worms (All)
Live Animals that are prohibited from being sent and may not be accepted for a Gig include, but are not limited to:
- Any poisonous, venomous or threatening animal
- Arachnids (All): Examples: mites, scorpions, spiders, ticks
- Birds (All)
- Crocodiles (All): Examples: alligators, caimans, gavials
- Obnoxious Insects: Examples: flies, locusts, mosquitoes, roaches, termites, weevils
- Snakes (All): venomous and non-venomous
- Any live animal that is an Endangered Species
- Any injurious animal, the importation or interstate shipment of which is prohibited under 18 U.S.C. 42.
- Any plant pest, the movement of which is prohibited under section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc).
- Any fish or wildlife, the conveyance of which is prohibited under section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372).
ANY DRIVER DISCOVERING AN UNDISCLOSED LIVE ANIMAL OR A PROHIBITED ANIMAL IN A GIG SHALL IMMEDIATELY NOTIFY ROADIE AT SUPPORT@ROADIE.COM FOR FURTHER DIRECTION.
It is every Driver’s and Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Gig and all items contained in a Gig, whether a Special Item or not, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation or shipment of certain items both within a State and between States, restricting the amounts of certain items that can be shipped, and age restrictions. Roadie has no liability or responsibility if a Driver or Sender fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any items contained in a Gig or during the performance of the Gig.
Roadie is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item. Roadie reserves the right to dispose of any Roadie Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Roadie Prohibited Item, including delivery to the proper authorities.
ROADIE HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG OR A SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A DRIVER’S OR SENDER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
Driver’s Obligations With Respect to Confidential Information
During the performance of Gigs, Drivers will have access to the “Confidential Information” of many third-parties, including without limitation, the Confidential Information of Roadie, Senders, and/or Gig recipients. “Confidential Information” means all information, whether oral, written, whether given via the Services, App, electronic media or otherwise, to which a Driver is given access to, or is made available to the Driver in connection with the performance of Gigs, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”). Confidential Information shall include, without limitation, all information regarding Roadie’s personnel or customer information of Roadie and/or Senders of which a Driver becomes aware.
Roadie and Drivers have special obligations with respect to the protection Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the platform and the Driver shall be prosecuted to the fullest extent of the law.
Personally Identifiable Information
Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. Roadie and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Gigs.
Protected Health Information
If a Driver delivers Gigs containing prescriptions, medicines or other medical documents, the Driver has access to Protected Health Information. Roadie and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Gigs. In addition, these Drivers and must comply with all federal, state and local laws, including the Health Insurance Portability and Accountability Act, as amended, and all regulations and agency guidance applicable to “business associates”. To learn more about complying with these regulations, please clink on the below link:
DURING THE PERFORMANCE OF GIGS YOU, MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH INFORMATION AND YOU UNDERSTAND THAT YOU MUST NOT BE DISCLOSED TO ANY OTHER PERSON OR USED FOR ANY OTHER REASON THAN TO PERFORM GIGS UNDER ANY CIRCUMSTANCES.
Other Driver’s Responsibilities
Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Services via the Roadie App, Roadie does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or may be advisable, to perform services via the Roadie App. Many states require a Driver to be a certain age, and have permits and/or licenses to carry certain Gigs. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes.
Drivers also need to know that Roadie does not provide health insurance or any other compensation to Drivers if they are hurt or injured while performing a Gig and all Drivers are required to have adequate health insurance prior to performing a Gig.
It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Gigs.
You expressly acknowledge that Roadie does not provide automobile liability or health insurance to Drivers and is not responsible for paying for any liability that may arise from a Driver’s performance of a Gig, including any bodily injury or damage to property caused by or to the Driver while on a Gig.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL GIGS AND ITEMS CONTAINED IN GIG WHETHER OR NOT LISTED AS A SPECIAL ITEM.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR THE GIG.
ROADIE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON.
Sender Open Box Policy
Roadie encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Roadie supports and strongly encourages its Drivers and Senders to always use an Open Box Policy.
Roadie’s Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Gig. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Gig.
New In Box Items
If all or part of a Gig contains new-in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging, note any damage (it is easiest to take a picture and send it to firstname.lastname@example.org), and wait for instructions from Roadie on what to do next with the damaged Gig.
No matter whether the Gig is pre-packaged or open for inspection, if a Driver does not note any damage to an item in the Gig while picking the Gig up, it will be assumed that the damage will have been caused while in the Driver’s possession and
THE DRIVER WILL BE LIABLE THEREFOR.
A Driver is NEVER under an obligation to take or bring anything that hasn’t been inspected and can always cancel the Gig without penalty if ANY Sender does not allow you to inspect or gives you a hard time about asking to inspect.
Packing Your Gigs Generally
Even though we love for your cargo to go commando, Senders have the responsibility to ensure that no or minimal packaging is proper for the item being sent. Roadie is not liable for loss or damage to any Gig if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. Roadie cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Gig. It is a requirement of receiving reimbursement from the Roadie Protection Plan that you adequately package your Gig. Roadie Inc. has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
Packing Live Animals
All live animals must be packed in a cage or box that is adequate enough to contain the animal, including taking into account likely bursting and crushing. Packages containing animals requiring moisture during the Gig must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the animal, taking into consideration the necessary humane care for the animal during a Gig. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.
Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other items required to provide for the needs of the animal during the Gig. A Sender must also provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing an animal.
Drivers MUST transport ALL animals INSIDE an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any animal be transported in the trunk or trunk bed of any vehicle. Drivers are required to provide the animal food and water at regular intervals, and regular stops to allow the animal to relieve itself and otherwise as needed for the animal(s) in the Gig. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Gig.
Roadie Protection Plan
Roadie wants you to feel confident that your Gig is in good hands. The Roadie Protection Plan will reimburse a Sender for loss or damage arising from theft or property damage to our Senders’ items of personal property during a Gig and arising directly from a Driver’s negligence, up to a maximum of $500.00 per Gig.
To qualify for the Roadie Protection Plan, the Sender must declare the value of all items in the Gig and comply with Roadie’s other requirements when initiating the Gig in the App, including taking a picture of all items included in a Gig. The Sender must complete a claim form and provide to Roadie both any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report.
Additionally, a Sender has the option to purchase Additional Protection for higher value Gigs, up to $10,000.00 per Gig. Additional Protection costs $5.00 for every additional $500.00 in Additional Protection above $500.00. Any Additional Protection must be purchased at the time the Gig is arranged. No Additional Protection can or will be added once the Gig is accepted.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR GIG OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH GIG, ROADIE’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE GIG IS $500.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.
Limits on Recovery
The Roadie Protection Plan limits a Sender’s recovery for loss or damage to certain items and t these limits apply whether or not you purchased Additional Protection. If your Gig contains one of the items below, Roadie’s maximum obligation to you for loss or damage to such item is as follows:
- Checks: If a Gig containing a check is lost or damaged, Roadie will not pay for the face value of the check. Roadie’s liability for any Gig containing a check is limited to the cost of stopping payment on and reissuing the check. Reimbursement not to exceed $100 per Gig.
- Coins, currency, postage stamps, negotiable instruments, money orders. No Reimbursement.
- Phone Cards, Tickets, Gift Cards, and Similar Cards: Roadie’s liability is limited to the cost of replacing the physical card, certificate, or printed matter. As with checks, Roadie is not liable for the face value of any card, gift certificate, coupon, or similar printed matter. Reimbursement not to exceed $100 per Gig.
- Animals: Sender must provide proof of actual value of the animal in the form of an invoice or sales receipt or value of a “like” item that can be verified. Roadie cannot and will not reimburse for any emotional damages related to the loss of an animal’s life or any other direct or indirect damages related thereto, as such a value is indeterminable. Reimbursement up to limits of Additional Protection chosen by Sender.
- Perishable Items: Perishable items are covered under the Roadie Protection Plan, unless the loss or damage of a perishable item is directly or indirectly due to the packaging of the item or any spoiling or degradation of the item (unless the spoiling is due to the Driver’s misconduct, negligence or failure to accomplish Gig within the time set forth in the request). Reimbursement not to exceed $500 per Gig.
- Media: Roadie liability for loss or damage to a Gig containing media, such as documents, film, or photographs, is limited to the replacement cost of the media on which the content is recorded. Reimbursement up to limits of Additional Protection chosen by Sender.
- Heirlooms, Antiques, One-of-a-Kind: Sender must provide proof of actual value. This proof may come in the form of an invoice, sales receipt, appraisal, or value of a “like” item that can be verified. Roadie cannot and will not reimburse for “sentimental value” or any other related damages related. Reimbursement up to limits of Additional Protection chosen by Sender.
- Unopened, new-in-box consumer electronics: Reimbursement up to limits of Additional Protection chosen by Sender; provided that there is significant visible damage to the packaging of the item, which occurred while in the Driver’s possession.
- Used Electronics: “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
- Prohibited and Undisclosed Special Items: No Reimbursement.
Senders sending any item(s) with a value exceeding Roadie’s maximum coverage do so at their own risk. Roadie will not reimburse any Sender for any Gig or the item(s) in the Gig in excess of Roadie’s maximum limits, no matter the item(s) actual value and no matter whether Sender purchased Additional Protection for the Gig.
Additionally, notwithstanding a Sender’s purchase of Additional Protection, Roadie is not liable for loss and/or damage to any Gig or any item(s) therein if the item(s) are not properly packed to withstand transport.
THE ROADIE PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM OR ANY UNDISCLOSED SPECIAL ITEM AND UNDER NO CIRCUMSTANCES WILL ROADIE REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.
Filing a Claim
A Sender, you must file a claim within three business days of the Gig being delivered. To file a claim:
- Collect proof of value documentation for the items that are part of the claim.
- Collect pictures of the items that are part of the claim.
- For a claim related to damaged items, obtain and keep the damaged items. If Roadie pays out on a claim, Roadie will need to collect the items.
- Fill out all fields on the claim form.
- Email the completed claim form, proof of value documentation, and all pictures of the damaged items to email@example.com.
Most claims will be resolved with five business days after we receive your completed claim form and supporting documentation. Roadie will notify you of its decision and the amount to be paid to you. After you sign a simple release, Roadie will issue you a check, credit your PayPal account, or replace the item for you, all at Roadie’s option. That decision is final and cannot be appealed.
Proof of Value and Packaging
A Sender must prove the value of the item in the Gig subject to the claim, regardless of the value declared or the amount of additional protection purchased. Roadie will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
Additionally, a Sender must provide all packaging used in the packing of the items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report with respect to the lost item or Gig when submitting a claim.
Repairing or Replacing an Item
When repairing or replacing items, Roadie can reimburse the Sender in the following ways:
- The lowest price paid for the item
- The replacement cost of the item at the time and place of loss or damage
- The cost of repairing the damaged item
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items as not repairable, Roadie will pay the actual or replacement value up to the maximum liability under the Roadie Protection Plan.
Remember, you must submit all repair quotes as part of the claims process. While Roadie may pay the cost of repair, it is the Sender’s responsibility to have the item repaired.
Loss or Damage to Limited Part of Items
In the event of loss or damage to a set of items, Roadie is only liable to the value of the part of the set that is lost or damaged. Roadie is not liable for the value of the whole pair or set.
In the event of loss or damage to any part of an item (including any part of a machine) that consists of several parts, Roadie is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Roadie be liable for the value of the complete item.
Third-Party Claims Providers
Roadie may use a third-party provider to manage the claims process. In cases of damage to a Roadie Special Item, Roadie (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
You acknowledge and agree that outside of the Roadie Protection Plan Roadie does not have control over, and has no responsibility for, any damage to the content(s) of a Gig and that a Driver is solely responsible to a Sender therefor.
Other details regarding the Roadie Protection Plan and claims for loss and damage can be found in our FAQ.
Cancelations and No-Shows
Cancelation by Senders
If a Sender needs or wants to cancel a Gig, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Gigs from other Senders. To cancel a Gig, tap Cancel on the Gig Details screen within the Roadie Application, or call Customer Support at 1-844-4-ROADIE.
What Happens When a Sender Cancels or is a No Show?
Every Sender will get one cancellation or no-show free of any charges or fees. After one cancellation or no show, Roadie will charge a Sender $10 for each canceled Gig and/or each no-show. A Gig is deemed canceled if the Sender cancels the Gig once a Driver is already on his way to fulfill the Gig (“Cancelation“). A Sender will be considered a no-show if the Sender drop offs the Gig at the designated pick-up or drop-off location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Application, or (2) more than 30 minutes after the agreed pick-up/drop-off time, whether or not Sender has contacted the Driver (“No-Show“). If either a Sender Cancelation or No-Show occurs, a $10 cancelation fee is automatically charged to the Sender’s account.
A Sender will not be charged a cancelation fee if they cancel a Gig due to a Driver’s No-Show, or Cancelation or if they cannot contact a Driver during the performance of their Gig.
Cancelation by Drivers
If a Driver needs or wants to cancel a Gig, please cancel the Gig as soon as possible. This will notify the Sender and allow them to contact another Driver to accept the Gig. To cancel a Gig, tap Cancel on the Gig Details screen within the Roadie Application, or call Customer Support at 1-844-4-ROADIE.
What Happens When A Driver Cancels or is a No Show?
As with the Sender, a Gig is deemed canceled if the Driver cancels the Gig once accepting the Gig, provided that a Driver may cancel a Gig within 10 minutes of being selected for such Gig without penalty (“Cancelation“). A Driver will be considered a No-Show if he/she fails to arrive at the drop-off/pick-up location more than 15 minutes after the agreed pick-up time without calling, messaging or otherwise contacting the Sender through the Application, or (2) more than 30 minutes after the agreed drop-off/pick-up time, whether or not Driver has contacted the Sender (“No-Show“).
A Driver will not be charged a fee if they cancel a Gig due to a Sender’s No-Show or if they cannot accept the Gig due to restrictions in these T&C or other restrictions under applicable law.
Actions Leading to Suspension and/or Deactivation and/or Permanent Termination of Accounts
Without limiting other remedies, Roadie may suspend, deactivate, and/or terminate your participation in the Services, remove your information from our data bases, and warn our community of your actions, if you breach the terms of the T&C or any Driver or Sender Agreement to which you are subject; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Users or Roadie, its affiliates, or third party providers, or subject Roadie or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Roadie Services or App.
ALL ROADIE ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN ROADIE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU
Other actions that may lead to Roadie suspending, deactivating or terminating your account are:
Cancelations and No Shows
Roadie may suspend or deactivate your account upon your 3rd Cancelation or No Show.
Roadie may suspend or deactivate your account if your overall rating falls below 4-stars.
Roadie Protection Plan Claims
Roadie may suspend or deactivate the account of a Driver or Sender if the Driver or Sender is the subject of 2 or more claims under the Roadie Protection Plan.
Loss of Items
Roadie may suspend or deactivate the account of a Driver if the Driver completes 2 or more Gigs with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Gig.
Fraudulent Activity, Shipments of Prohibited Items, Repeat Infringers
Roadie may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Gig.
Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these T&C or any of our other terms or policies.
Roadie reserves the right to terminate any User’s account that has been inactive for 180 days.
YOU CAN LOSE YOUR USER NAME AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APP OR ANY PORTION THEREOF, AND ROADIE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APP OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
Roadie may reactivate any Driver or Sender account suspended or deactivated by Roadie in its sole discretion.
Billing and Payment
Roadie is not and will not be a party to the agreements between Users for a Driver to perform delivery services using our Services and App, including the Sender’s agreement to pay the Driver. Therefore, all Users of our Services and App are required to provide their credit card or bank account details and such other information needed to vet the User to Roadie and the Payment Service Provider retained by Roadie (the “PSP”). By accepting these T&C, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Roadie is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Senders will be responsible for paying the invoice for each Gig contracted for (the “Invoice”), which will include the pricing terms of the Gig as agreed with and provided by a Driver, any out of pocket expenses agreed with and submitted by a Driver in connection with the Gig, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Roadie assesses for use of its Services and App (combined, the “Gig Payment”). Any fees that Roadie may charge a Driver or Sender for their use of the App or Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our App or Services either planned, accidental or intentional, or any reason whatsoever. Roadie reserves the right to determine final prevailing pricing and the pricing information published on the Roadie website may not reflect the current pricing.
Users of our Services and App will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and App or on any Gig Payment received (other than taxes on the Roadie’s income).
Payment, Withholding and Release
If chosen, a Driver is solely responsible for completing delivery of the Gig as agreed upon BEFORE being paid. Within 24 hours after a Sender receives confirmation through the Services and/or App that their Driver has completed the Gig, the Sender will authorize Roadie to provide the Sender’s payment details to the PSP for processing of Gig Payment. Roadie, in its sole discretion, may place a hold on a Driver’s Gig Payment if the delivery of the Gig is not provided expressly in accordance with the Sender’s directions set forth in the App and request for Services, and the T&C, and/or Roadie determines it otherwise necessary or advisable to place a hold on such Gig Payment, including without limitation if Roadie has any suspicion or reason to believe that a Driver or Sender has breached these T&C, including, without limitation by (1) sending or accepting items on the Prohibited Item list; (2) establishing an account with Roadie or entering into a Gig with the purpose of defrauding Roadie or any other party; (3) using a stolen credit card or any other false information to establish an account with Roadie or pay for a Gig; or (4) otherwise engaging in any questionable or fraudulent activity with respect to the Roadie Services or App.
Roadie will release the Gig Payment to a Driver upon establishing the validity of the accounts and Gigs under suspicion, in Roadie’s sole but reasonable discretion.
ROADIE WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE GIG IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
Reimbursement for Expenses
A Driver will only be reimbursed for costs and expenses incurred in performing a Gig if the Driver presents to Roadie adequate evidence of incurring the same (a receipt) within fifteen (15) days of incurring the expense. Such expenses include parking fees and tolls.
YOU HEREBY GRANT ROADIE PERMISSION THE RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE T&C (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
Disclaimer of Warranties and Limits on Roadie’s Liability to You
NEITHER ROADIE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APP AND ROADIE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APP. BY USING THE SERVICES OR APP YOU THEREBY RELEASE ROADIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APP OR THE CONDUCT OR MISCONDUCT OF A USER.
The Services and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Roadie to the maximum extent permitted by applicable law. Roadie makes no warranties or representations about the accuracy or completeness of any content provided through the Services or App or the content of any websites linked to the Services and App.
Roadie does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, App or any hyperlinked website or featured in any banner or other advertising and Roadie will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
Without limiting the foregoing, neither Roadie nor its affiliates or licensors warrant or guarantee:
- that access to the Services or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Services or App;
- that the Services or App, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the App, will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Services or App, or any information or materials provided through or in connection with the use of the Services and App;
- as to the completeness or content of any Gig;
- that the Services or App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or App will be corrected; or
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitations of Liability
ROADIE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APP. USE OF OUR SERVICES AND APP ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ROADIE IS ONLY WILLING TO PROVIDE THE SERVICES AND APP IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
ROADIE CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PROVIDE OR COMPLETE A GIG AND YOU EXPRESSLY WAIVE AND RELEASE ROADIE FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OUR USERS OR A GIG. YOU ACKNOWLEDGE THAT USERS PROVIDING PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED USING THE ROADIE SERVICE AND APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. ROADIE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE ROADIE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APP OR SERVICES, OR OTHERWISE.
THEREFORE, YOU AGREE NOT TO HOLD ROADIE, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR APP, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ROADIE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ROADIE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APP, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES OR APP (INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ROADIE OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU OR TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Roadie owns all intellectual property rights in and to the Services and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Services or App gives you no rights therein.
App and Services License
Roadie owns and retains ownership in the Roadie Services and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Roadie hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Roadie that replace and/or supplement the Roadie Services or App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Roadie reserves the right to stop offering and/or supporting our Services, App or any particular portion or part of our Services or App at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Roadie shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or App.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or the App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App to copy any ideas, features, functions or graphics of the Services or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the App or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or App; or (vii) use our Services or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Licenses Granted by Roadie in Content
Subject to your compliance with the T&C, including without limitation Driver and Sender Agreements, Roadie grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Roadie makes available through the Services or App, including any Content licensed from a third party (“Roadie Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or App, including any questions, comments, suggestions, ideas, feedback or other information about the Roadie Services or App (“User Content” and with Roadie Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Roadie above.
Roadie Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, App or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roadie or its licensors, except for the licenses and rights expressly granted in the T&C.
You agree that Roadie has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Roadie reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Roadie, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or App.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services or App, you hereby grant to Roadie a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Roadie shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Roadie claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Roadie full rights in such User Content, as contemplated under the T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Roadie’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Roadie respects copyright law and the intellectual property of others and expects its Users to do the same. Roadie will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on the Services or the App infringe upon your copyrights, please send the following information to Roadie’s Copyright Agent at firstname.lastname@example.org:
- A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Services, App or website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
- A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- Your address, telephone number, and e-mail address;
- A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Third Party Interactions
During use of the App and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the App or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Roadie and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Roadie does not endorse any sites on the Internet that are linked through the Services or App, and in no event shall Roadie or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Roadie provides the App and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Roadie has no responsibility or liability arising from any agreements between you and such third party providers.
Roadie may rely on third party advertising and marketing supplied through the App or Services and other mechanisms to subsidize the App or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Roadie reserves the right to charge you a higher fee for the Services or App should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Roadie’s website located at https://www-qa.roadie.com.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and App and must agree to receive SMS messages in order to use our Services and App. A User can request, accept and cancel Gigs via SMS and get notifications regarding a Gig, as determined by Roadie Message and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Roadie may be deactivated and you will need to re-enroll in the SMS notification service. Roadie reserves the right to cancel the notification service at any time.
Notices to You
Roadie may give Users general notice regarding the Services, the App, these T&C, Drivers or Senders Agreements, or otherwise via electronic mail to your email address on record in Roadie’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Roadie’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Roadie (such notice shall be deemed given when received by Roadie) at any time by email or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Roadie at 3565 Piedmont Road, Building 4, Suite 120, Atlanta, GA 30305, addressed to the attention of: Head of Operations.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Roadie in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services nor App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services and App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Roadie or any third party provider as a result of a User entering into a Driver or Sender Agreement or their use of the Services or App. If any provision of these T&C or any Driver or Sender Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Roadie to enforce any right or provision in these T&C, any Driver or Sender Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from Roadie in writing. Unless Roadie has entered into a separate written agreement with a User addressing their use of the Services and App, these T&C, and all terms, conditions and agreements referenced herein, including without limitation the Drivers and Senders Agreements and the Dispute Resolution/Arbitration Agreement, comprise the entire agreement between our Users and Roadie superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Roadie regarding a User’s use of the Roadie Application and Services.
Roadie Drivers Agreement
This Roadie Drivers Agreement is a part of Roadie’s Terms and Conditions (“T&C”) located and is incorporated therein by this reference. By using our Services or App, each Driver agrees, represents, warrants, acknowledges and agrees that:
- Driver is a third-party independent contractor with respect to any and all Gigs performed and is not and shall not be deemed to be an employee, agent or representative of Company. No services provided by Driver via the Roadie App nor any action taken pursuant to these T&Cs shall create an employment relationship between Roadie and Driver or Driver and any Sender. No Driver is entitled to any employment rights or benefits from, or sponsored by, Roadie or any Sender, including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of Roadie, Senders or their affiliates or subsidiaries. Driver will not make any representations regarding Roadie, the Services or the App or his/her status as a Driver. Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind Roadie or any Sender in any respect whatsoever.
- Under NO circumstances may Driver provide delivery services via the Roadie platform in excess of 40 hours per calendar week. Driver shall be fully liable for, and shall first pay directly, or second reimburse, Roadie for any additional fees, charges or other obligation (monetary or otherwise) placed on Roadie, whether for overtime wages, employee benefits, workman’s compensation, or otherwise, if Driver breaches this provision. Driver hereby expressly agrees not to seek non-voluntary compensation from Roadie, a Sender or any other third-party, and waives any rights to, and fully releases and indemnifies Roadie against, any claims against Roadie, a Sender or any third party relating to benefits, overtime wages, or the like, in connection with Driver.
- Driver is at least 18 years of age, or is 21 if such higher age is legally required to carry certain Gigs including Special Items and otherwise has all right and authority to lawfully provide the services agreed to when accepting a Gig hereunder. Driver possesses a valid driver’s license and has all other required licenses, permits, approvals and authorizations to accept and complete a Gig as contracted through the Services and the App and will not accept such Gigs without possessing valid licenses, permits, approvals or authorizations for the same.
- Driver owns, or has the legal right to operate, the vehicle used in a Gig, and has a valid policy of auto liability insurance covering any vehicle used during a Gig with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance when applicable) and is named or scheduled on the insurance policy. Any vehicle used during a Gig shall meet all applicable industry safety standards and statutory, federal DOT and state department of motor vehicle requirements. Driver must have in his possession at all times during a Gig proof of all required licenses and insurance. DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE USED DURING A GIG, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Gig.
- All vehicles used by Driver during a Gig shall be in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke and odor free, and free of excessive pet dander, at all times during the Gig. Vehicles will not display any indication of services being performed.
- Driver shall have a well-groomed appearance, and will not wear clothing displaying the logo or brand of any company or entity, whether or not belonging to such Driver’s employer, or other clothing, which could be deemed offensive. Drivers shall not smoke at any time during a Gig, including on the way to pick up a delivery. Drivers, while providing Services, shall not participate in any activities that will take the focus off their assigned responsibilities or be under the influence of any illegal drugs and/or alcohol. Drivers shall abide by all laws regarding talking or texting while driving.
- Drivers shall not enter Gig recipient’s home, solicit tips from Gig recipients nor enter or access any secure, private or employee only areas in any place of business (including airports) while delivering a Gig under any circumstances.
- Drivers are required to visually inspect Gigs prior to leaving with the Gig and must take pictures of any visible damage. If Driver fails to inspect it is done at river’s own risk. Drivers will be held liable for property damage that occurs between pick up and drop off if no evidence of prior damage exists.
- Drivers will present to Roadie adequate evidence of incurring any reimbursable expense (a receipt) within fifteen (15) days of incurring the expense, include parking fees and tolls. If a Driver fails to provide such evidence within such time period, Roadie shall have no liability to reimburse Driver for the expense.
- Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Driver will not collect or store the name, address, phone number or other personal or confidential information of any User or Gig recipient and will not use any personal or confidential information of any User or Gig recipient except as necessary to perform and complete the performance of the Gig. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON.
Roadie Senders Agreement
This Senders Agreement is a part of Roadie’s Terms & Conditions (“T&C”) and is incorporated therein by this reference. By using our Services or App, each Sender agrees, represents, warrants, acknowledges and agrees that:
- Sender is at least 18 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to contract for the Gig and send all items contained in a Gig. Sender will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Gig, all items included in the Gig will not include in any Gig any “Prohibited Items” as listed in the T&C, whether consented to by a Driver or not. Sender acknowledges and agrees that Roadie is not responsible for the contents or loss of any Prohibited Item. Roadie reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities. Sender acknowledges and agrees to Roadie’s Open Box Policy and will allow a Driver to visually inspect all items in a Gig prior to departing with the Gig.
- Unless Sender has a separate special written agreement with Roadie, Sender will not include in any Gig any “Special Item”. Sender acknowledges and agrees that Roadie is not responsible for the contents or loss of any so included Special Item. Roadie reserves the right to dispose of any unauthorized Special Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities.
- Sender has the responsibility to properly pack all items in a Gig, including Live Animals, sufficient to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws. Sender acknowledges and agrees that the Roadie Protection Plan does NOT cover reimbursement for any loss or damage to any Gig resulting from (1) any breach of this Agreement or the T&C; (2) sending any items on the “Prohibited Items” list; or (3) inadequate packaging.
- Sender acknowledges and agrees that the Roadie’s maximum liability under its Protection Plan is $500 per occurrence, unless additional protection is purchased.
- Sender will only contract for or arrange a Gig (or other similar services) with a Driver through Roadie’s Services and App and will not knowingly engage a Driver who has delivered a Gig for Sender prior to perform delivery services outside of the Roadie App.
- Sender will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Dispute Resolution / Arbitration
- ARBITRATION OF CLAIMS: Should any “Covered Dispute” (as defined below) between or among any User (including but not limited to Drivers and Senders) and/or Roadie (each a “Party”) not be resolved after 30 days discussion between the disputing Parties (or such longer time as may be mutually agreed upon), the disputing Parties agree to resolve such Covered Dispute as described in this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and evidences a transaction involving commerce. Any dispute as to whether the Federal Arbitration Act applies to this Agreement and the integrated Arbitration Provision, including whether this Arbitration Provision is exempt from the Federal Arbitration Act as a matter of law, shall be resolved exclusively by a court of competent jurisdiction. However, in all instances where the applicability of the Federal Arbitration Act depends in whole or in part on whether a Driver is properly classified as an independent contractor, that classification issue will be decided exclusively by an arbitrator in accordance with this Arbitration Provision. If the Federal Arbitration Act is found not to apply, the arbitration laws of the State(s) in which Driver performed delivery services for Senders shall apply for all Covered Disputes between Driver, and Senders; and the arbitration laws of the State of Georgia for all other Covered Disputes. The provisions of this Arbitration Provision shall remain in force after the Parties’ contractual relationship ends. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse any User or Roadie from utilizing any procedure for resolution of complaints established in the T&C, including without limitation Driver and Sender Agreements, and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or any other forum other than arbitration, and requires all such disputes to be resolved on an individual basis and only by an arbitrator through final and binding arbitration and not by way of a court or jury trial, nor a proceeding before any other governmental body, and not by way of a class or collective action or proceeding.
- Claims Covered By Arbitration Provision: Unless excluded below (including without limitation in Section 1(C) and Section 2, below), claims involving the following disputes shall be subject to arbitration under this Arbitration Provision regardless of which Party (Driver, Sender, or Roadie) asserts a claim against another Party or any of its agents, employees, affiliates, successors, assigns, or subsidiaries (each of which are intended third party beneficiaries of this Arbitration Provision): (1) disputes arising out of, related to, subject to, or connected with this the T&C, including without limitation the Driver and Sender Agreements; (2) disputes arising out of or related to the actual or any alleged relationship between or among Driver, Sender and Roadie, including termination of the relationship and a Driver’s classification as an independent contractor; (3) disputes arising out of or relating to Driver’s performance of delivery services to Senders; (4) disputes arising out of or relating to the interpretation or application of this Arbitration Provision, including the scope, enforceability, revocability, validity, or conscionability of the Arbitration Provision or any portion of this Arbitration Provision or whether the Arbitration Provision or any portion of the Arbitration Provision is void or voidable; (5) disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, meal or rest periods, expense reimbursement, uniform maintenance, training, termination, discrimination or harassment, (6) claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, the Rehabilitation Act, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 8 U.S.C. § 1324b (unfair immigration related practices), the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act, Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and (7) all other federal, state or local statutory and legal claims (including without limitation torts) arising out of or relating to Driver’s relationship with Roadie and/or Sender or the termination of that relationship (each a “Covered Dispute”).
- Third-Party Beneficiaries to Arbitration Provision: Roadie, Driver, and Sender also understand and agree that any Sender with whom Driver contracted with to perform delivery services to, as well as Roadie’s and Sender’s agents, employees, affiliates, successors, assigns, subsidiaries and subcontractors, are intended third party beneficiaries of this Arbitration Provision; as is any third party administrator Roadie, Sender and/or Driver used to administer the relationship or facilitate payment between Roadie, Sender and Driver.
- Limitations on Application of This Arbitration Provision: This Arbitration Provision does not apply to the following claims and such claims are not Covered Disputes: (1) claims related to damaged Gigs, (2) claims for workers compensation, state disability insurance, or unemployment insurance benefits; and (3) claims against Senders with separate written agreements addressing their use of the Services and App. This Arbitration Provision does not prevent a Driver from filing unfair labor practice charges with the National Labor Relations Board (www.nlrb.gov) Neither Roadie nor Sender will retaliate against a Driver for filing such a charge. Nothing in this Arbitration Provision prevents a User from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Roadie and Sender will not retaliate against Driver for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
- Additional Claims: Driver, Roadie, or Sender may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Provision. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration. The following claims are also excluded from coverage by this Arbitration Provision: (1) claims that, as a matter of controlling federal law, may not be subject to a mandatory arbitration agreement; and (2) claims asserted in a class action or Fair Labor Standards Act (“FLSA”) collective action that, as of the date of Contractor’s use of the App, Driver joined by becoming a plaintiff or a member of a certified class, having consented as of that date to join a conditionally certified FLSA collective action.
- CLASS / COLLECTIVE ACTION WAIVERS: Private attorney general representative actions brought on behalf of the State of California under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law, but a claim a Driver brings on Driver’s own behalf as an aggrieved employee for recovery of underpaid wages (as opposed to a representative claim for civil penalties) is arbitrable. Driver, Roadie, and Sender agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective action basis. Accordingly:
- There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action (“Class Action Waiver”). The Class Action Waiver will be severable from this Arbitration Provision in any case in which (1) the dispute is filed as a class action and (2) there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class action must be litigated in a civil court of competent jurisdiction, but a User’s individual claims for relief must be arbitrated under this Arbitration Provision.
- There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action (“Collective Action Waiver”). The Collective Action Waiver will be severable from this Arbitration Provision in any case in which (1) the dispute is filed as a collective action and (2) there is a final judicial determination that the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction, but a User’s individual claims for relief must be arbitrated under this Arbitration Provision.
- Notwithstanding any other clause contained in this Agreement or this Arbitration Provision, any claim that all or part of the Class Action Waiver and/or Collective Action Waiver is invalid, unenforceable, revocable, unconscionable, void or voidable shall be determined only by a court of competent jurisdiction and not by an Arbitrator.
- No Party will retaliate or threaten to retaliate against any other Party as a result of such Party filing or participating in a class or collective action in any forum. However, any Party may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver and Collective Action Waiver, and seek dismissal of such class or collective actions or claims. The Class Action Waiver and Collective Action Waiver will be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
- ARBITRATION PROCEDURE: Unless otherwise stated in this Arbitration Provision, the American Arbitration Association (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) and the then in effect (available at www.adr.org/arb_med or calling 1-800-778-7879) and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Provision.
- A Party who desires to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules and do so within the time required by applicable law.
- The arbitration will be conducted in Fulton County, Georgia. If a Party’s claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents submitted by the disputing Parties to the arbitrator.
- In arbitration, the Parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator. A Party or at a Party’s request the Arbitrator may subpoena witnesses and documents discovery purposes or for the arbitration hearing. Each Party shall pay the fees for its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law, as determined by the Arbitrator. Costs incidental to the arbitration, including the Arbitrator’s fees and costs for the meeting site (“Arbitration Costs”), will be borne by the Parties equally, unless otherwise required by applicable law. The Arbitrator may award any Party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a Party in his or her or its individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator shall issue a reasoned decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator if there is a dispute, neither a Party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties or order of the Arbitrator. A Party may file the Arbitrator’s decision or award in a court of competent jurisdiction for the purpose of seeking confirmation, vacatur, modification or correction of that decision or award. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
- APPLICATION TO EXISTING CLAIMS AND CONTROVERSIES: This Arbitration Provision is intended broadly to apply to all controversies covered by this Provision regardless of whether arising before or after this Arbitration Provision becomes effective, and including any existing controversy, as is permitted under Section 2 of the Federal Arbitration Act or other applicable law.
- RIGHT TO OPT-OUT OF ARBITRATION: This Arbitration Provision is not a mandatory component of T&C, including without limitation Driver and Sender Agreements (if any) or a User’s contractual relationship with Roadie or Sender. If a User does not want to be subject to this Arbitration Provision, a User may opt out by notifying Roadie in writing of the User’s desire to opt out of this Arbitration Provision. To be effective, the writing indicating User’s intent to opt out must be dated, signed and submitted to Roadie within 30 days of such User’s execution / acceptance of this Agreement, by email to email@example.com, or U.S. Mail to the Attention of the Legal Department, Roadie 3565 Piedmont Rd NE, Building 4, Suite 120, Atlanta, GA 30305. A User’s writing opting out of this Arbitration Provision will be filed with a copy of T&C, including without limitation Driver and Sender Agreements and maintained by Roadie. If a User does not opt out of this Arbitration Provision within the thirty (30) day period, the User and Roadie will be bound by the terms of this Arbitration Provision.
- RIGHT TO CONSULT WITH AN ATTORNEY: Agreeing to arbitration is an important business decision. Users have the right to consult with private counsel of such User’s choice with respect to any aspect of T&C, including without limitation Driver and Sender Agreements, or any claim that may be subject to, this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. USERS AND ROADIE ACKNOWLEDGE AND AGREE THAT SUCH USER AND ROADIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.