Zemcar Inc. (hereinafter referred to at times as “ZEMCAR”, “Company” “we” or “us”) welcomes you to our innovative trust-based ride service, and the associated Applications, websites, content and products (the “Services”). Below are the terms and conditions for use of this Application and the Services (hereinafter referred to as “Terms and Conditions Agreement”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By using or accessing the Services, you hereby agree to be bound by this Terms and Conditions Agreement. If you do not agree with this Terms and Conditions Agreement, please do not access or use our Services. The terms and conditions contained herein supersede any prior arrangement or agreements between us, are subject to change and can be modified or supplemented at any time with notice to you. Posting such modified or supplemental terms here shall constitute notice to you. Your continued use of the Services following such notice shall constitute your acceptance of same. Certain areas within or portions of the ZEMCAR Materials may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with same. The Additional Terms and this Terms and Conditions Agreement both apply to you. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement control. Be sure to review this Terms and Conditions Agreement periodically for updates, as your continued use of the Services signifies your acceptance of any changed or supplemental terms and conditions.
You will have the option to print a copy of this Terms and Conditions Agreement at the end of the document
We may immediately terminate the Terms and Conditions Agreement or any Services with respect to you, or generally cease offering or prevent further access to the Services or any portion thereof, at any time for any reason, without prior notice to you.
Note that the headings contained in this Terms and Condition Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement. This English-language Terms and Conditions Agreement is ZEMCAR’s official agreement with our users. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.
ZEMCAR’s Privacy Policy associated with the Services may be found at: Privacy Policy
ZEMCAR DOES NOT PROVIDE TRANSPORTATION OR RELATED SERVICES TO USERS. Our Services comprise a seamless, technology-based platform that includes mobile applications, websites and other points of entry (each an “Application”) through which users can connect with and schedule transportation and related services with independent providers of those services (each an “Independent Service Provider”). Such Independent Service Providers may also be under separate agreement with ZEMCAR. Our Services are made available for personal, non-commercial use only. FOR CLARITY, ZEMCAR IS NOT A TRANSPORTATION CARRIER. IT IS UP TO EACH INDEPENDENT SERVICE PROVIDER AND USER TO USE THE ZEMCAR SERVICES TO CONNECT WITH EACH OTHER. ZEMCAR ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO OR USED BY ANY USER BY ANY INDEPENDENET SERVICE PROVIDER.
We may offer our Services under one or more brands, alone or in connection with others, from time to time, including: ZEMCAR; ZEMCAR Concentric Circles Logo; ZEMCAR Family’s Trusted Driver; ZEMCAR Trusted Driver Community; ZEMCARTrust Solution; Circle of Trust; Trust Barometer; and ZEMCAR Community Partners (the “ZEMCAR Marks).
Our Applications, the ZEMCAR Marks, and all of our content (including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, services, products and software) shall be referred to collectively herein as the “ZEMCAR Materials”.
The Zemcar Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Zemcar Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Third party services and/or content, including advertising (“Third Party Materials”), may be made available or accessed in connection with the Services or ZEMCAR Materials. ZEMCAR does not control, endorse or otherwise promote such third parties and/or the Third Party Materials. Different terms of use and privacy policies may apply to such material, and you are solely responsible for same. You acknowledge and agree that ZEMCAR shall have no responsibility or liability to you associated with such Third Party Materials. Some third parties, such as Apple Inc., Google, Inc., Microsoft Corporation and others, may be considered third-party beneficiary to this Terms and Conditions Agreement if you access the Services using devices or applications developed by them (e.g., Apple IOS). Your access to the Services using such devices is also subject to any applicable terms and conditions imposed by such third parties.
Subject at all times to your compliance with this Terms and Conditions Agreement, ZEMCAR hereby grants you a limited license, under which you may access and use the Services, and any ZEMCAR Materials offered or provided in connection with your use of the Services, solely for your personal, non-commercial use. Your license is revocable, non-exclusive, and may not be transferred or sublicensed to others.
As between ZEMCAR and you, any rights not expressly granted to you in the paragraph immediately above are hereby reserved by ZEMCAR, and its licensors and/or subsidiaries.
The Services, the ZEMCAR Marks, and other portions of the ZEMCAR Materials are, and are protected by, the intellectual property of ZEMCAR and its licensors and/or subsidiaries.
The Services and the ZEMCAR Materials are protected, as applicable, by copyright, patent, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Services and ZEMCAR Materials are owned or controlled by ZEMCAR or its licensors, subsidiaries and/or the party credited as the provider of same. Additionally, portions of the ZEMCAR Materials, e.g., the Applications, are protected by copyright as a collective work and/or compilation.
Except as expressly set forth in Section 4 above, your use of the Services and/or ZEMCAR Materials does not create, and nothing contained in this Terms and Conditions Agreement, shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in or to the Services, the ZEMCAR Materials or any patents, trademarks, service marks, logos, copyrights or other intellectual property or proprietary rights or any other rights of ZEMCAR or any third party.
With respect to the Services and the ZEMCAR Materials, you agree to the following restrictions:
Users of the Services must register for and maintain an active account with us (each a “ZEMCAR Account”). There are two types of ZEMCAR Accounts available: (1) one for persons aged 8-17 (“ZEMCAR Junior Account”); and (2) one for persons aged 18 years and older (“ZEMCAR Full Account”). A ZEMCAR Junior Account provides limited access and functionality for its users and must be connected with a ZEMCAR Full Account. Unless otherwise designated, references to “ZEMCAR Accounts” herein shall refer to both types of ZEMCAR Accounts.
You are not allowed to have more than one active ZEMCAR Account at any one time. You are not allowed to have a Junior ZEMCAR Account unless it is tied to a ZEMCAR Full Account. You acknowledge and agree that you are solely responsible for all activity that occurs on or through your ZEMCAR Account (including the activities associated with any Junior ZEMCAR Accounts ties to your ZEMCAR Full Account), and that you are solely responsible for the selection, security and protection of your username and password for your ZEMCAR Account.
Without limiting the foregoing, you may not assign or otherwise transfer your ZEMCAR Account to any other person or entity. You may not access or use the Services for any unlawful purpose, and agree to comply with all applicable laws and regulations when accessing and using the Services.
You acknowledge and agree that your failure to adhere to any of the terms and conditions applying to the ZEMCAR Account may result in the termination of your ZEMCAR Account and your inability to further access or use the Services.
You are solely responsible for obtaining and maintain the means for accessing and using the Services. If you access and use our Services via a mobile network, your network provider's data and messaging rates and fees may apply. ZEMCAR does not guarantee that the Services, the ZEMCAR Materials, or any portion thereof, will function on any particular hardware or devices, or that same will be available through any particular network or service. You acknowledge and agree that the Services may be subject to interruption, errors, malfunctions and delays caused by the use of the Internet, your access device(s) and network(S), and otherwise inherent to electronic communications.
By accessing and using the Services via your ZEMCAR Account, you agree that we may contact you in connection with your access and use of same, including, without limitation, sending you informational text (SMS) messages and/or e-mail. You may opt-out of receiving text (SMS) messages from us at any time by sending us an e-mail at support@zemcar.com.. You understand that you opting out of receiving text (SMS) messages from us may negatively impact your access to and use of the Services.
To register for a ZEMCAR Full Account, you must be at least eighteen years of age (or the age of legal consent, if different from 18 years in your jurisdiction).
You will need to provide the following information in registering for a ZEMCAR Full Account:
To register for a ZEMCAR Junior Account, you must be between eight years of age and 17 years (or the age just prior to the age of legal consent, if different from 17 years in your jurisdiction), and your account must be tied to an active, valid ZEMCAR Full Account.
ZEMCAR Junior Account holders will need to provide the following information:
You further agree to maintain all of the above information (“ZEMCAR Account Information”) so that it is accurate, complete and up-to-date at all time. You may be asked for proof or other verification of the ZEMCAR Account Information in connection with your access to and use of the Services. Inaccurate or incomplete Service Account Information may result in your loss of access to and use of the Services.
You may register for a ZEMCAR Account here: Register
Fees Relating to your Payment Method. You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank or financial institution, or payment partner, including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
Expiration Date and Refusal of Charges to Your Payment Method. If your Payment Method at any point becomes invalid (e.g., it reaches its original expiration date) and you continue to incur fees via use of the Services, you agree that we are authorized to continue billing that Payment Method. If your Payment Method for any reason will not accept charges for any fees owed to us, you have a period of ten 10 days from the date that your Payment Method was declined to make your Payment Method information valid again by either rectifying the issue with the Payment Method source or providing new Payment Method information to us. If ZEMCAR is able to charge your Payment Method (existing or new, if you have provided new Payment Method information,) during the 10-day period then your use of the Services will continue uninterrupted. If ZEMCAR is unable to charge your Payment Method (existing or new, if you have provided new Payment Method information,) within the 10-day period, then your use of the Services may be indefinitely suspended.]
Holders of Full ZEMCAR Account must be at least 18 years of age (or the age of legal consent in your jurisdiction, if different than 18 years). Holders of ZEMCAR Junior Accounts must be between aged 8 and aged 17 (or just prior to the age of legal consent in your jurisdiction, if different from 17 years). ZEMCAR Full Account holders may arrange for use of the Services for persons at least 8 years of age without the accompaniment of a parent, guardian or other responsible adult. Holders of ZEMCAR Junior Accounts may not independently use ZEMCAR Full Accounts. Persons under the age of 8 years old may not use the Services unless accompanied by a parent, guardian or other responsible adult.
Neither you nor any user accessing or using the Services through your ZEMCAR Account will cause any nuisance, inconvenience, or property damage, whether to an Independent Service Provider or any other person or entity.
You shall be solely responsible for the costs associated with the repair of or replacement based upon damages to, including necessary cleaning of, the property of any Independent Services Provider, including any vehicles and other property, that results from use of the Services under your ZEMCAR Account, provided that such damages or cleaning are in excess of normal "wear and tear" damages and necessary cleaning associated with same. In ZEMCAR’s sole discretion, we may use the Payment Method associated with your ZEMCAR Account to cover the reasonable costs of any such excessive damage, repair or replacement. Such amounts will be provided to the Independent Services Provider, and are non-refundable to you.
You acknowledge and agree that your use of the Services will result in charges to you for the use of the Services or goods or other service you obtain through the Services, including any you receive from an Independent Service Provider (“Fees”). Following your receipt of services or goods obtained through your use of the Services, ZEMCAR will facilitate your payment of the applicable Fees on behalf of the Independent Service Provider. Fees will include all applicable taxes and other charges (e.g., tolls, surcharges, taxes, etc.).
The payment of Fees by you shall be final and non-refundable, unless otherwise agreed to between ZEMCAR and you. If you are able to negotiate any change in the Fees directly from an Independent Service Provider at the time of your receipt of same, ZEMCAR will adjust the Fees accordingly in response to confirmation of such change from the Independent Service Provider.
All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Zemcar may replace its third-party payment processing services without notice to you. Charges shall only be made through the Zemcar Platform. Cash payments are strictly prohibited.
Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Zemcar Platform, any disruption to the Zemcar Platform or Services, or any other reason whatsoever.
Zemcar, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Zemcar.
All Fees are due upon receipt of the associated services or goods. ZEMCAR shall facilitate payment to the Independent Service Provider using the Payment Method associated with your ZEMCAR Account, and will thereafter provide you a receipt. All such payments shall be considered the same as you making payment directly to that Independent Service Provider.
If your Payment Method is determined to be expired, invalid or otherwise does not allow for payment, [what will you do here? Require another payment method? Suspend the account?]
Regarding our Fees and payments, you acknowledge and agree that:
In connection with your access to and use of the Services or ZEMCAR Materials, you may be allowed from time to time to submit, upload, publish or otherwise provide to us certain information, content or other materials, such as text, audio, and/or visual content and information (“User Provided Materials”). Examples of such User Provided Materials include ratings, commentary, suggestions, testimonies, ideas and other feedback related to the Services and/or ZEMCAR Materials, technical or other support requests, and entries for competitions and other promotions. You agree to not provide any User Provided Materials that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or, in our sole judgment, offensive, whether or not such materials may be protected by law. ZEMCAR reserves the right, but does not undertake any responsibility, to review, monitor, and/or remove User Provided Materials, at our sole discretion and for any reason, including our convenience, without notice to you.
As between you and ZEMCAR, any User Provided Materials remain your property, subject only to the following license to us: You hereby grant to ZEMCAR, and ZEMCAR hereby accepts, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license, with full rights to sublicense, to receive, make, use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Provided Materials in all formats and via all distribution methods, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You hereby represent and warrant the following with respect to any User Provided Materials:
(i) you are the sole and exclusive owner of all such User Provided Materials or you have all rights, consents and releases necessary to provide the same to us and grant ZEMCAR the license set forth above; and (ii) neither the User Provided Materials nor our use of same and permitted under the license set forth above will infringe, misappropriate or otherwise violate any third party's intellectual property or other proprietary rights, or rights of publicity or privacy, or will otherwise result in the violation of any applicable law or regulation.
One of the unique features of ZEMCAR is its enhanced safety features. One such feature allows you to have a photographic/video record made with use of the Services, including use of same by any Junior Account holders tied to your ZEMCAR Account. The Independent Service Provider will capture photographic/video and potentially audio of the use of the Services. This session will be recorded, broadcasted (e.g., to you as a parent of a Junior Account user) without any opt in. If you opt-in to Zemcar customer support video monitoring, the session will be recorded, broadcasted and provided to ZEMCAR specialists (to assist in monitoring the use of the Services), and will be stored indefinitely by ZEMCAR for any lawful purposes, including providing same to law enforcement. Without limiting the foregoing, you hereby agree that by opting in to this feature: (a) you hereby grant permission to the rights of your image, likeness and sound of your voice as recorded on any audio or video media without payment or any other consideration; (b) as between you and ZEMCAR, ZEMCAR shall own such recorded materials; (c) ZEMCAR, and the related Independent Service Provider(s), have the full rights to capture, use and store such video and audio, including your image, voice, and those of other users tied to your ZEMCAR Account (whether accompanied by you or not), as outlined herein; (d) your image/likeness/voice may be edited, copied, exhibited, published or distributed; and (e) you waive the right to inspect or approve the finished product wherein your likeness or other materials appear.
YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING DISCLAIMERS, TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW:
YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING LIMITATIONS OF LIABILITY, TO THE MAXIMUM AMOUNT ALLOWED BY APPLICABLE LAW:
You hereby agree to indemnify and hold ZEMCAR, its Affiliates, and their respective office, directors, employees and agents, harmless from any and all actual or threatened claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees and costs of suit), arising from, or in connection with: (a) your use of the Services, the ZEMCAR Materials or services or goods obtained through the Services; (ii) your breach or other violation of any of the terms and conditions set forth in this Terms and Conditions Agreement; (iii) ZEMCAR’s receipt and use of User Provided Content as authorized herein; (iv) any transaction or activities between you and any Independent Service Provider or any other third party, including any users with ZEMCAR Accounts tied to your ZEMCAR Account; or (v) your violation of any applicable law or regulation.
No delay or failure by ZEMCAR to enforce any of the terms and conditions set forth in this Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by ZEMCAR nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of ZEMCAR shall have any legal effect.
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, the Services, the ZEMCAR Materials, our Privacy Policy and/or any Additional Terms shall be governed by the laws of the State of Massachusetts without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Massachusetts for any legal proceeding arising from same, regardless of the cause of action or which party has initiated the legal proceeding.
ZEMCAR values its intellectual property and respects the intellectual property rights of others. Please report claims of copyright infringement to the following: contact.
To make effective use of the Services by it various users, we have established the ZEMCAR Rules set forth below.
There are several ways to utilize the Services to participate in a ride:
By participating in rides via the Services as a Passenger or Driver, you agree to abide by these ZEMCAR Policies.
As a Driver, you can accept proposed rides via the ZEMCAR Application. Details of proposed rides accepted by a Driver are communicated to that Driver prior to the scheduled pick-up time of the ride, including location, pick-up time and details about the Passenger(s). When you arrive at the pick-up location, please locate and greet your Passenger(s) after safely parking your vehicle. Please ensure that each Passenger uses a safety belt for the ride.
Drivers must:
Drivers may chat with Passengers, but should not engage in topics that may potentially elicit private information about Passengers or Account Holder(s) or otherwise make any Passenger uncomfortable.
The Services allow for formal feedback from all ride participants about a Driver, including a Driver’s promptness, attitude, safety and vehicle quality. Excessive and/or consistent negative feedback about a Driver will be investigated and could result in the temporary or permanent suspension of that Driver.
The Services also allow Drivers to provide formal feedback about Passenger(s), including a Passenger’s promptness, attitude and other actions. Accumulation of an excessive and/or consistent level of negative feedback by a Passenger may be investigated and could result in the temporary or permanent suspension of that Passenger.
The Driver must tap on drop off button to inform the parent that the ride is complete.
The parent can mark drivers as trusted or untrusted depending on the service provided by the Driver
ZEMCAR reserves the right, but does not undertake the obligation, to suspend any Driver upon a report of any Driver misconduct associated with a ride, including, without limitation, any unsafe driving, violation of the ZEMCAR Rules, or inappropriate behavior. During the suspension, the Driver will not be allowed to provide any rides via the Services. ZEMCAR may conduct an investigation of the reported misconduct, during which ZEMCAR will contact the Driver and any relevant Passengers and/or Account Holders for an account of such circumstance. Based upon the results of the investigation, ZEMCAR will make a decision in its sole discretion as to whether to lift the stay or permanently suspend the Driver from the Services. All decisions are final.
ZEMCAR maintains a zero tolerance policy regarding Drivers who during a ride:
Upon any such violations, ZEMCAR reserves the right to terminate or suspend the Driver’s use of the Services, pending further investigation.
For the provision of rides via the Services, Drivers are only allowed to use vehicles that are properly registered and inspected for same. For more information about ZEMCAR’s vehicle registration and inspection policy, please visit Driver Terms.
If you are interested in becoming a Driver that can use the Services as an Independent Service Provider, please visit our site for Driver page
If you have any questions regarding our Terms and Conditions Agreement, please contact us at the following:
E-MAIL: support@zemcar.com
MAIL: ZEMCAR, 100 Trade Center, Suite G-700 Woburn, MA 01801 USA
ATTN: [_Zemcar___].
Updated: (December 2015)
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