Effective: January 15, 2020
1. Contractual Relationship
These Terms of Service constitutes a legally binding agreement (the “Agreement”) between you, (the “Rider”, “Driver”, “Partner Place” ) and Berymo, Inc. (“Berymo” and “Berymo Places” “we,” “us” or “our”) governing your use of the Berymo applications, website and technology platform (collectively, the “Berymo, Inc. Platforms”).
By accepting this Agreement, and/or by using or accessing the Berymo Places platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BERYMO, INC. PLATFORMS.
2. Berymo Platforms
Drivers and Riders are collectively referred to as “Users,” (Restaurants and companies are referred to as Partner Places) (“if Berymo Places”) and each user shall create a user account that enables access to the Berymo Platforms. Each person may only create one user account, and Berymo, Inc. reserves the right to shut down any additional accounts. As a user, you authorize Berymo, Inc. to match you with a driver or rider based on factors such as your location, the estimated time to pick up, your destination, user preferences and platform efficiency for better service. Each transportation service provided by a driver to a rider shall constitute a separate agreement between such persons.
3. Service Eligibility
Berymo, Inc. Platforms may only be used by individuals who can form legally binding contracts under applicable law. Berymo, Inc. Platforms are 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 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.
4. Fees and Bonuses
As a Rider:
You understand that request or use of the services may result in charges if you fail to check in at the chosen Place.
- Cancellation Fee. After requesting a ride through your Berymo Rider Account, you may cancel your free ride through the app; however, a cancellation fee may apply and may not be refundable. Please refer to “Rider Help” for additional information regarding the cancellation fee.
- Non-Check-in Fee (“if Berymo Places”). As a rider, you are solely responsible for checking in at the chosen place. To check in, you must ask a qualified partner place to show the Berymo code so you can scan it by using the Berymo Places App. Failure to check in before the place closes may result in charges. Failure to check in within 120 minutes from your drop off time may result in charges. These charges may not be refundable.
- Cleaning Fee. If a driver reports that you have materially damaged the driver's vehicle, you agree to pay a “Cleaning Fee” of up to $150 depending on the damage. This includes the penalty for excreting bodily fluid (i.e., throw up,vomit or urine) in the driver’s vehicle.
- Return Ride. After the rider checks in at the place, the rider will have the option to request a return ride. The rider is only able to request a return ride if their desired return, drop off location (drop off destination) is within 8 miles radius of the Place.
- Service Fee. You may be charged a “Service Fee” for each ride to continue free service for riders.
- Other Fees.. There may be other applicable fees.
- Bonuses. You may receive bonuses that you can apply toward payment of certain charges upon completion of a ride.
Fees may vary based on the minimum spending limit you set for your customers. You are responsible for reviewing the applicable Berymo Places page and shall be responsible for all charges incurred under your User account regardless of your awareness of such charges or the amounts thereof.
- Service Fee. You may be charged a “Service Fee” for each ride to continue free service for riders.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.).
- No Refunds. All Charges are non-refundable for Partner Places with the exception of riders who fail to check in.
Berymo Code is an application that helps our partner places (Restaurants, etc.) easily track how many users check in at their place. Restaurant owners (Managers, etc.) can easily track how many customers the restaurant receives on a daily, weekly, monthly, or yearly basis.
5. Credit Card Authorization
Upon addition of a new payment method or each ride request, Berymo, Inc. may seek authorization of your selected payment method to verify the payment method and to ensure the ride costs will be covered if you don't check in at the chosen place (“if Berymo Places”). The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle.
By entering into this Agreement or using the Platform, you agree to receive communications from us; including e-mails, text messages, calls, and push notifications.
7. User Information
User information is any information you provide, publish or post to, or through the Berymo, Inc. Platform (including any profile information you provide) or send to other users. You consent to us (Berymo, Inc.) using your Information to create a user account that will allow you to use Berymo Platforms and participate in the services. Our collection and use of personal information will solely be in connection with Berymo, Inc. Platforms. You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. This is referring to information integrity as related to 3rd party partners such as DMV, banking institutions, Stripe, Checkr, etc.
WE DO NOT PROVIDE INSURANCE COVERAGE TO OUR DRIVERS. EACH DRIVER IS RESPONSIBLE FOR MAINTAINING AN ACTIVE INSURANCE POLICY WITH APPLICABLE RIDESHARE RIDERS AND COVERAGE. AS PART OF OUR ONBOARDING PROCESS, WE REQUIRE THAT DRIVERS PROVIDE US WITH PROOF OF THEIR INSURANCE COVERAGE, INCLUDING APPLICABLE RIDESHARE RIDERS, OR ADDITIONAL COVERAGE IN RESPECT OF SUCH INSURANCE POLICIES. AS A RIDER, YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY RIDES OR DRIVER SERVICES THAT YOU PARTICIPATE IN OR RECEIVE COME WITH THE RISK THAT THE DRIVER PROVIDING SUCH DRIVER SERVICES WILL NOT HAVE ADEQUATE INSURANCE COVERAGE TO COVER ANY HARM, LOSSES, INJURY OR DAMAGES THAT ARISE IN RESPECT OF ANY DRIVER SERVICES OR RIDE, DESPITE OUR REASONABLE EFFORTS TO CONFIRM ADEQUATE INSURANCE COVERAGE DURING THE ONBOARDING PROCESS. EVEN THOUGH WE REVIEW EACH DRIVER’S INSURANCE COVERAGE PROVIDED TO US DURING THE ONBOARDING PROCESS, WE CANNOT GUARANTEE THAT EACH DRIVER HAS PROVIDED US WITH DOCUMENTS THAT ARE GENUINE AND TRUE AND THAT ARE NOT OTHERWISE FALSE OR MISLEADING. WHILE WE REQUIRE THAT EACH DRIVER MAINTAIN REQUIRED INSURANCE COVERAGE AS PART OF THIS AGREEMENT AND AS PART OF OUR POLICIES AND RULES APPLICABLE TO ALL DRIVERS, WE CANNOT GUARANTEE THAT DRIVERS WILL COMPLY WITH THE REQUIREMENTS OR WITH THIS AGREEMENT. WE MAY NOT KNOW IF ANY DRIVERS FAIL TO COMPLY WITH ALL OF OUR POLICIES OR WITH THIS AGREEMENT, INCLUDING BY LETTING THEIR INSURANCE POLICIES LAPSE AFTER THE ONBOARDING PROCESS HAS BEEN COMPLETED. WE ALSO NOTIFY OUR DRIVERS BEFORE THEIR INSURANCE EXPIRES. DRIVERS ARE SOLELY RESPONSIBLE TO MAINTAIN ADEQUATE INSURANCE TO COMPLY WITH THE STATES THEY ARE OPERATING IN.
9. No Weapon Clause
Berymo wants to make sure that everyone can ride safely with peace of mind. Berymo prohibits drivers and riders from carrying any and all weapons, including but not limited to knives and firearms, while using any of the Berymo apps.*
Anyone who breaches this agreement may lose their rights to use the Berymo platform and any affiliate service.
*To the extent permitted by applicable law.
10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE, AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE, AND SERVICES ARE PROVIDED 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. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
Any and all controversies, disputes or claims arising out of or relating to this Agreement and its terms or a breach thereof shall be submitted to arbitration before a single arbitrator and in accordance with the Commercial Rules then obtained of the American Arbitration Association (“AAA”). The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any Court having jurisdiction thereof. All proceedings shall be maintained confidential by all parties involved.
BY AGREEING TO THESE TERMS, YOU, AS A RIDER (IF A RIDER), AGREES THAT YOU ARE REQUIRED TO BRING ANY CLAIMS AGAINST BERYMO, INC. ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER, COLLECTIVE, REPRESENTATIVE ACTION OR PLAINTIFF AS AGREED UPON IN THIS ARBITRATION AGREEMENT. BY AGREEING TO THESE TERMS, YOU ARE ALSO OBLIGATED TO NOT PARTICIPATE IN ANY FUTURE CLASS OR CONSOLIDATED ACTION BROUGHT AGAINST BERYMO, INC BY ANOTHER INDIVIDUAL. You and Berymo agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Berymo, and not in a court of law.
You acknowledge and agree that you and Berymo 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. Unless both you and Berymo otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Berymo each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.