Terms and conditions for customers
Terms and conditions for customers
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS, CONCERTED, CONSOLIDATED, AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU AND VAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO VAY SERVICES OR THE AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY SENDING AN EMAIL TO [email protected] WITHIN FOURTEEN (14) DAYS OF FIRST ACCEPTING THESE TERMS OF USE. YOUR EMAIL MUST INCLUDE YOUR FULL NAME, ADDRESS, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION AGREEMENT WILL NOT AFFECT ANY OTHER TERMS OF THESE TERMS OF USE. Definitions In this Contract, the following definitions apply:
- “User” or “you”: The person applying to register or registered on Vay’s website(s) or mobile app(s) as the User, who is responsible for all fees, charges, and other associated costs, including application fees, Usership fees, driving charges, etc.
- “Agreement”: This Vay Agreement and its Schedules, whether made available in print or electronically through Vay’s websites or mobile apps. The Schedules are an integral part of this Agreement.
- “Vay Services”: Any services provided by Vay to a User.
- “Vay Vehicles”: Any vehicles owned by Vay, or can be legally used by Vay to provide Vay Services.
- “Connected Vehicle Data” means data generated by vehicles equipped with internet connectivity and onboard sensors. It is used for a wide range of applications across traffic management, safety and insurance.
- “Connected Vehicle Equipment” means the hardware and software components that enable vehicles to communicate and exchange information with other vehicles, infrastructure, and cloud-based services.
- “Rules”: All the rules, guidelines or policies of Vay related to a User' use of the Vay Service, whether set forth in this Agreement, appearing elsewhere on Vay’s websites or otherwise issued from time to time by Vay, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use.
- “Schedules”: All the schedules, rate plans and policies referenced in or incorporated into this Agreement.
Introduction
Vay Technology Inc., and its parent corporation, and each of their past, present and future agents, subsidiaries, employees, directors, officers, insurers and representatives, (collectively, “Vay”, “we”, or “us”), provide an online car sharing platform that connects Vay vehicles with Users seeking to utilize those vehicles. Vay is accessible online including at Vay.io and as an application for mobile smart devices. The Vay websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered User of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Vay. This agreement does not in itself confer any right to use any of Vay’s vehicle. A User may only use Vay’s vehicles, to the extent available, in accordance with the terms of this Agreement and subject to paying all applicable fees and charges. These Terms, together with the Vay privacy policy and nondiscrimination policy, applicable insurance terms and certificates, pricing structures, Schedules, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Vay (each a “Party” and together, “the Parties”). Modification. Vay reserves the right, at its sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services and communicate with registered Users by the email on each User’s profile. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Vay Account. If you choose to close your Vay Account, the previous effective version of these Terms will apply to you. If you use the Services after the Terms have been posted, the new version of these Terms will apply to you.- Vay's Services
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- This Agreement is a vehicle-sharing service contract offered by Vay Technology, Inc. or one of its affiliated companies (“Vay”, “us”, or “we”). A User may only use Vay’s vehicles, to the extent available, in accordance with the terms of this Agreement and subject to paying all applicable fees and charges.
- Vay is the owner of any item it provides to the User or puts at the User's disposal during the term of this Agreement, including, specifically and without limitation, all Vay Vehicles, mobile and/or web-based applications. Any and all of the User's rights to use or in relation to any Vay Vehicle or other item or services provided by Vay under this Agreement are limited to those expressly stated in this Agreement.
- User Eligibility
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- To be eligible to become a User, you must complete the User sign up process (“Sign Up Process”), which may be completed through our mobile app or website. We may update the Sign Up Process from time to time, including as part of our efforts to improve the Vay Services and to better protect the Users. In addition, you are required to meet and maintain all of the following criteria (“Eligibility Criteria”) to become and remain a User and to use the Vay Services:
- be at least 18years of age;
- hold a valid payment credit or debit card;
- hold a valid driver’s license issued by a state in the United States, which license is not suspended, revoked, expired, surrendered, withdrawn, and that is not otherwise invalid for any reason, and which license authorizes the User to drive in the jurisdictions in which the User will use Vay Vehicles and have a driving history that meets Vay’s then current eligibility requirements, which may change from time to time;
- accurately, truthfully and fully complete the application process with Vay and deliver all information and documents requested in the application or otherwise.
- assent to and pass a motor vehicle record search
- We will endeavor to respond to your sign up request promptly. You understand that you will not automatically become a User upon your completion of the Sign Up Process and/or your satisfaction of the Eligibility Criteria. We may or may not approve your Sign Up Process at our sole discretion. You will be notified if your Sign Up Process is approved. We may also revoke your Usership at any time in Vay’s sole discretion without providing details as to why your sign up process was unsuccessful.
- Satisfying the foregoing criteria and/or completing the Sign Up Process does not automatically give you the right to utilize Vay’s Services. Acceptance of the sign up is subject to approval by Vay in its sole discretion. In addition, even if approved, a User may be restricted from driving certain Vay Vehicles at Vay’s sole discretion, or reasons including, but not limited to, the User's driving or User history or Vay’s service offerings.
- In order to facilitate providing Vay Services, all applicants will be asked to provide the following items as part of their Sign Up Process and periodically thereafter:
- A picture of yourself; and
- A picture of your current and valid driver’s license (front and back).
- Assent to a motor vehicle record search.
- To be eligible to become a User, you must complete the User sign up process (“Sign Up Process”), which may be completed through our mobile app or website. We may update the Sign Up Process from time to time, including as part of our efforts to improve the Vay Services and to better protect the Users. In addition, you are required to meet and maintain all of the following criteria (“Eligibility Criteria”) to become and remain a User and to use the Vay Services:
- User Responsibilities
- The User agrees to pay Vay all applicable driving record/insurance verification, application, Usership and similar fees associated with the User's driving/Usership plan. Such fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Vay or a User's Usership terminates and new verification/application fees may be payable if a new Sign Up Process is resubmitted more than thirty (30) days after a User's account with Vay is closed. Certain restrictions apply. If at any time you wish to delete your Vay account, please do so using our website or mobile app or by emailing us at [email protected]. Please be advised that we may retain certain pieces of data in order to comply with regulatory and/or legal obligations such as ongoing litigation, an incident that may result in a claim and/or litigation, and/or citations from law enforcement.
- The User is required to pay all fees and costs incurred when due. This includes, without limitation, driving charges such as tolls, parking citation fees, moving infractions, sales and other taxes and levies, and other costs and fees as may be detailed by Vay, whether in the Rules, Schedules, or the User's account. Users are billed for amounts due via credit or other means as established by Vay. If payment of any amount due is rejected by the credit card provided by the Member, the User's ability to use the Vay Services may be suspended. Users are responsible for providing and maintaining current credit card information on file with Vay. Issues with credit card billings may result in deactivation of User’s account. Vay shall not, under any circumstances, be responsible for any overdraft or other fees charged by a User's credit card company or bank. For past due accounts, Vay may also change when payment is due and/or terminate the User's account. Vay may utilize third parties to collect amounts owed to Vay by a User and the User will also be responsible for any collection or similar fees associated with these collection activities.
- Users are responsible for providing and maintaining current email, mobile phone, preferred search address, billing address, and other account information on file with Vay. Telephone calls, text messages, email correspondence, and social media communications with Vay may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of such communications with Vay.
- Fines, Penalties, and Other Administrative Charges. The Users are solely responsible for the consequences of traffic offenses and violations, criminal activities, intentional and/or tortious behaviors, parking violations (including in privately operated parking facilities) that occur in connection with their use of a Vay Vehicle and each User agrees to pay, when due, all penalties, fines, towing costs and/or any other charges arising from these offenses, activities or violations. If, for any reason, Vay is required or decides to pay on behalf of any User, each such User agrees to pay Vay, upon demand, and the relevant User's account will be charged for all penalties, fines, towing costs, or other similar charges, as well a processing fee up to $50.
- Connected Vehicle Data Processing; Privacy Policy as Part of Agreement.
- Privacy Policy Integrated into Agreement. By entering into this Agreement, you agree that you have read and agree to the terms of Vay's Privacy Policy, which is incorporated into this Agreement by reference.
- Connected Vehicle Equipment. Certain Vay Vehicles include equipment to monitor the vehicle’s performance and operation, condition, electric usage, location and distance traveled, in addition to other information (the “Connected Vehicle Data”). Such equipment may transmit Connected Vehicle Data to Vay, Vay's third-party providers, and/or the vehicle manufacturer. Certain of these communications may always be activated and Vay cannot guarantee that a vehicle without these features will be available. If the equipment is or has been installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personal information (PI), unless authorized by you, necessary in connection with the provision of services provided through such car manufacturer, or required by law.
- Data Processing. We may use a third party to process the Connected Vehicle Data on our behalf. We do not provide third-party processors with your personal information unless doing so is authorized by you, such processing is necessary to provide our services to you, or as required by law. If the Connected Vehicle Equipment was installed by the vehicle manufacturer, the manufacturer will process the Connected Vehicle Data in accordance with its privacy notice. We may enter into agreements with car manufacturers to receive some or all of the Connected Vehicle Data collected by these devices, consistent with the terms of our Privacy Policy. Please see Vay's Privacy Policy, which is integrated into this Agreement, for full details regarding Vay's data processing practices.
- Other Uses of Connected Vehicle Data. Where Connected Vehicle Equipment is used to collect Connected Vehicle Data, where and to the extent permitted by law, we use such equipment and Connected Vehicle Data for purposes that include the following: (a) to provide our services to you, e.g., functions such as remote locking and transmitting vehicle data such as location and mileage; (b) to start, end, or otherwise manage your trip; (c) to assess how our cars are being used; (d) to optimize our services; (e) to address liability or damage claims; (f) to provide roadside assistance services; (g) to assist in the recovery of vehicles that we reasonably believe may be lost or stolen; (h) to develop new products and services; (i) to enhance our existing products and services; (j) to respond to valid requests from authorities, such as law enforcement or regulators; (k) as necessary to defend, protect or enforce our rights or those of third parties; (l) when we have a good faith belief that there is an emergency posing a safety threat; (m) in circumstances in which we reasonably believe our cars are being or have been used in violation of law or in the commission of a crime; and (n) to comply with applicable laws. Please see Vay's Privacy Policy, which is integrated into this Agreement, for full details regarding Vay's data processing practices.
- Vay Users Account
- You agree to take all necessary and appropriate steps to prevent unauthorized access to your account and to immediately notify us at [email protected] if you suspect or experience any unauthorized access to your account. You are solely responsible for your account, including all associated charges and fees, even if incurred by others with or without your permission or knowledge, to the extent these charges occur before you notify us of such unauthorized access. In order to maintain the security of your account, we may require that you update your account password, Username, PIN, pictures of your driver's license, and picture of yourself from time to time.
- With respect to data and materials that you provide to us in connection with your Account (including any personal information) (collectively, “User Data”), you represent and warrant that such User Data is complete and accurate to the best of your knowledge. The collection and use of your User Data will be governed by our Privacy Policy. Without regard to our Privacy Policy, you agree that we may use any User Data you provide to us (i) to provide you with Vay Services, and (ii) to operate, grow and protect our business. We may share your User Data with any third-party vendors that we use in connection with the Vay Services (“Third-Party Service Providers”) to provide you with Vay Services and any other purposes disclosed in our Privacy Policy. You further consent to us using your User Data, including your telephone number and email address, to provide you with marketing communications about Vay Services in accordance with the terms of our then-current Privacy Policy.
- Because driving a Vay vehicle requires maintaining a good driving record, Vay may, from time to time, check Users’ driving records and reserves the right, at its sole discretion, to suspend or terminate the account of any User who does not meet Vay’s eligibility requirements. If the User’s license is suspended or revoked or becomes invalid, if the User has any further endorsements or accidents on their driving record or if the User is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the User agrees to report such suspension, revocation, changes, conviction or citation to Vay promptly. Failure to notify Vay of any such events may lead to the User not being covered by Vay’s liability protection when driving a Vay vehicle and/or termination of account access..
- Damages
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- A User is financially responsible for any and all damages that occur to a Vay Vehicle while in the User's possession or control (including the entire time the vehicle is reserved under the User's account) for which there is no applicable insurance coverage. Vay maintains insurance on behalf of the User in compliance with State Minimum Financial Responsibility Laws. In Nevada, underinsured/uninsured motorist coverage is waived. Vay reserves the right to waive comprehensive collision coverage at its sole discretion. See Section 6 of these Terms & Conditions for more information.
- Vay provides third party liability as described in Section 6 below. If, however, a User fails to abide by the terms and conditions of this Agreement, including providing all reasonable assistance to Vay in the event of any incident, the third party liability Vay provides may not apply, which may make the User responsible for the full cost of any accident or incident and any damage arising from such accident or incident. For example, a User who has violated the User contract will be responsible for all damage and costs incurred as a result of an incident during a reservation under the User's account.
- Insurance
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- Except where required by law to be primary or excess, any third party liability protection provided by Vay shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary, or contingent in any way. Any such third party liability protection afforded will only be up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. If this third party liability protection is extended by operation of law to anyone not permitted by this agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by this agreement, the financial responsibility limits of the jurisdiction in which the accident occurs will apply.
- You agree that Vay can provide coverage under any insurance policy as chosen by Vay. You understand that unless required by applicable law, Vay will not provide: (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver; (c) defense against any claim, unless Vay is required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; or (d) supplementary no fault, non-compulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and Vay reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute.
- Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with this agreement, for you and all other passengers in the car, and each User agrees that Vay is hereby authorized to sign any forms or acknowledgements on behalf of each User rejecting such coverage. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages.
- Where required by law, we provide Personal Injury Protection (PIP), or “no-fault” coverage, to the minimum level required by the jurisdiction in which the accident occurs, for injuries you may suffer in an accident. Users may also use their own health care coverage in case of injury and any personal injury coverage that the User has available will be primary over any PIP or no-fault coverage Vay may provide where allowed by law. If any such protection described above is imposed by operation of law, then the limits of such protection will be the minimum required for protection by the law of the jurisdiction in which the accident occurs. Where permitted by law, including Nevada, PIP coverage is wholly waived within Vay’s insurance policies. No coverage is provided for any use of a Vay Vehicle by any unauthorized driver as defined by the terms of this Agreement; provided, however, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs.
- Where permitted by law, including Nevada, underinsured and uninsured motorist (UM/UIM) coverage is wholly waived within Vay’s insurance policies.
- The third party liability provided by Vay does not relieve Users of their obligations with respect to any applicable deductibles as outlined in the relevant insurance policy.
- For clarification, any third party liability coverage provided under this Agreement only applies when a User is in compliance with the terms and conditions of this Agreement, including providing all reasonable assistance to Vay in the event of any incident.
- You acknowledge that there is no insurance coverage for yourself or any of your passengers (bodily injury, property damage, or otherwise) for any criminal, intentional, and/or tortious acts you and/or your passengers commit while using a Vay Vehicle.
- Additional Liability Protection
- Additional Liability Protection (optional Supplemental Liability Insurance) may be available for purchase. If available, you can purchase Additional Liability Protection for a trip in the United States in the app or on our website when requesting a trip.
- If available, additional details about this coverage are available on the reservation portal of our mobile app or website.
- If you purchase this additional liability insurance at the time of reservation, the insurance coverage is restricted only to the vehicle rented in that reservation and only for the period the coverage is purchased for the respective rental vehicle in the same reservation.
- Term; Termination
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- This Agreement shall commence upon the acceptance by Vay of the User's completed Sign Up Process including the addition of a valid method of payment. The term of this Agreement shall continue until such time as User has a valid account including, but not limited to, a valid driver’s license and method of payment. If a User’s driver’s license or method of payment expires or otherwise becomes invalid, Vay reserves the right to deactivate the User’s account until such time as valid documents are uploaded. In addition to the termination provisions set forth in Section 7.2 below, Vay may terminate this Agreement at any time without notice to the User. With respect to any termination or cancellation of this Agreement, the User shall remain responsible for any fees, costs, fines, or expenses incurred prior to termination of this Agreement.
- Vay may also, upon notice to the User, immediately terminate this Agreement if the User: (a) fails to pay any sum due under this Agreement; (b) fails to comply with any term or condition specified in the Agreement or any Rules; (c) is involved in an incident with a Vay Vehicle that, in Vay’s reasonable sole discretion, renders the User ineligible or inappropriate for continued use of Vay Services; (d) engages in any activities or conduct that Vay, in its reasonable sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; (e) no longer meets any of the Eligibility Criteria; (f) does not inform us immediately of any of the following events:
- The User's driver’s license has been suspended, revoked, expired, surrendered, withdrawn, lost or is no longer valid for any other reason;
- The User is involved in an accident or other incident while driving a motor vehicle;
- The User is convicted of reckless driving, driving under the influence, driving while intoxicated or impaired, failure to report an accident or leaving the scene of an accident, for possession of a stolen vehicle, unauthorized use of a vehicle, the use of a vehicle in the commission of a crime, or any similar offenses;
- The User committed any other driving violation, received any other citation, or received any other endorsement to the User's driving record;
- The User's address or contact information (including email address and mobile phone number) changes; or
- The User's payment card information changes;
- Upon termination, all of the User's rights to use Vay Services and Vay Vehicles shall immediately terminate. Additionally, the User shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Vay).
- Suspension. In case of a deactivation, we may later decide to either reinstate or terminate your User account as we consider appropriate. If we choose to reinstate your Account, you may be required to provide us with additional information, which may include confirmation that you meet the Eligibility Criteria.
- Disclaimer of All Warranties
- Limitations of Liability; Indemnification
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- UNDER NO CIRCUMSTANCES WILL VAY BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF THE VAY SERVICES. Without limiting the foregoing, Vay shall have no liability for any loss of, or damage to, any goods in or on the vehicle- or in or on any third party vehicle, any loss, damage, injury or death in relation to any User or any third party arising from the use of a Vay Vehicle, loss or damage incurred by the User as a result of any claims made by a third party, or loss or damage incurred by the User arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Vay Vehicle or (ii) any vehicle accessories, whether supplied by Vay or by a User (for example, luggage racks, bicycle racks, baby seats and the like; the User is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our gross negligence or failure to carry out our responsibility as listed in the Agreement. IN NO EVENT SHALL VAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100), THE PAYMENT OR REPAYMENT OF WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VAY AND YOU.
- Without restricting the other remedies available to Vay, and to the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Vay, its affiliated companies (such as parent companies and subsidiaries), partners, agents, third-party service providers and successors-in-interest (the “Indemnified Parties”) from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by the Indemnified Parties in any manner arising from or in connection with: (i) your use of and access to the Vay Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; or (v) any other party’s access and use of the Vay Services with your unique Username, password, or other appropriate security code.
- Contractual Statute of Limitations. You may not institute any action in any form arising out of this Agreement more than two (2) years after the cause of action has arisen, or in the case of nonpayment, more than two (2) years from the termination of the Agreement, whichever is earlier.
- Disputes; Arbitration and Class Action Waiver
- Miscellaneous Terms
- Decompiling or reverse engineering the Vay Services, its website, and/or its mobile app, or taking any other action to discover the source code or underlying ideas or algorithm of any components thereof,
- Copying the Vay Services, its Website, and/or its mobile app,
- Posting, publishing or creating derivative works based on the Vay Services, its Website, and/or its mobile app,
- Removing any copyright notice, trade or service marks, brand names, and the like from the Vay Services, its Website, and/or its mobile app, related documentation or packaging, or
- Using any robot, spider, scraper, or other automated means to access Vay’s mobile app for any purpose without our express written permission, or bypassing our robot exclusion headers that we may use to prevent or restrict access to Vay’s Website, and/or Vay’s mobile app.
- Persons Permitted to Use Vehicles
- Prohibited Uses
- any driving test or similar classes;
- any speed race or competition;
- for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
- for the primary business purpose of transporting people or operating a rideshare or taxi service;
- for the primary business purpose of transporting goods including food delivery;
- by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;
- in the carrying out of any crime or for any other illegal activity or purpose;
- in an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;
- by any person who has provided Vay with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);
- driving a Vay Vehicle from one country to another;
- carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage or other items that would cause the vehicle to be overloaded;
- carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- driving while using a mobile communication device that may distract you from driving;
- Vay has provided phone mounts in all Vay vehicles in order for Users to access hands-free GPS
- operating a Vay Vehicle in violation of any Nevada or US law.
- Reserving Vay Vehicles
- Vehicle Pick-up and Return/Vehicle Condition/Stolen Vehicles/Belongings and Lost Property
- Maintenance/Cleanliness
- Breakdown or Incidents
- Date, time, and place of incident;
- The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
- The names, addresses, and driver’s license numbers of the persons involved in the incident;
- The name, address, and driver’s license number of the owner of the car (if he or she is not the driver);
- The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
- Circumstances of the incident; and
- A police report is required regardless of liability or fault.
- Traffic Violations
- Smoking
- Pets & Service Animals
- Fare Structure
- Base Fare
- Taxes
- Tolls
- Distance Fare
- Fulfillment Policy
- Service Delivery
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- Booking Confirmation
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- Upon successful booking, you will receive an immediate confirmation through the Vay app
- The vehicle will be delivered to your location by our teledriving technology
- Service delivery begins when you gain access to the vehicle through the Vay app
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Cancellation Policy
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Pre-Service Cancellations
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- You may cancel your booking through the Vay app prior to vehicle delivery
- Cancellations made within 5 minutes of booking are free of charge
- A cancellation fee may apply for cancellations made after 5 minutes of booking
- During Service
- You may end your service at any time by properly securing the vehicle and completing the end-trip process in the Vay app
- You will be charged for the actual time used at the rate of $1.00 per minute
- No refunds are provided for unused time once service has begun
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Refund Policy
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Eligible Refund Scenarios
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- Technical issues preventing vehicle access at the start of service
- Service interruption due to vehicle malfunction not caused by the User
- Incorrect charging of fees
- Refund Process
- Submit refund requests by contacting [email protected]
- Include the date and approximate time of your trip and reason for refund
- Refunds will be processed to the original payment method within 5-7 business days
- Approved refunds will be issued for the unused portion of service
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Service Quality Guarantee
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Vehicle Condition
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- All vehicles are maintained to high safety and cleanliness standards
- Users must inspect the vehicle before use and report any issues through the app
- If the vehicle condition is unsatisfactory before use, you may cancel without charge
- Service Interruption
- In case of technical issues during service, contact Vay support immediately
- If service cannot be restored, you will only be charged for the time used
- Alternative transportation costs may be reimbursed if service cannot be completed due to Vay's fault
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Dispute Resolution
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All disputes regarding charges, refunds, or service quality will be handled according to Section 10 of the Terms and Conditions
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Users must submit disputes within 48 hours of service completion
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Vay will respond to all disputes within 2 business days
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- Payment Methods
- Credit Card
- Additional Charges
- GeoFence Return
- Damage Fee
- Cleaning Fee
- Towing Fee
- Parking Tickets and other Civil Fines
- Acceptance of Terms
- Contact Information