Terms - etzgo.com

Terms & Conditions

ETZGO APP
TERMS AND CONDITIONS

IMPORTANT – READ CAREFULLY BEFORE PROCEEDING. YOU, THE “USER” WHETHER A DRIVER OR A CUSTOMER, AGREE AS FOLLOWS. YOUR USE OF ANY DOWNLOADABLE SOFTWARE PRODUCTS, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE Etzgo APP OR WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE AGREE BUTTON AS MAY BE DESIGNATED BY UGO NOW, INC., DOING BUSINESS AS Etzgo (“Etzgo”) TO SHOW THESE TERMS AND/OR TO INSTALL THE Etzgo APP OR ANY RELATED SOFTWARE (COLLECTIVELY “Etzgo APP”), YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE Etzgo APP AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU AGREE TO THESE AGREEMENTS AND ANY OTHER RULES OR POLICIES THAT Etzgo MAY CREATE AND MAKE AVAILABLE ON THIS APP OR WEBSITE FROM TIME TO TIME.

You represent and warrant that you (i) have read and understand or have gained an understanding of these Agreements and agree to be bound by them; (ii) are if legal age in which you reside to enter into a binding contract; (iii) have all authority necessary to enter into these Agreements personally, or if on behalf of an organization, it is within the scope of your responsibilities and authority to enter into these Agreements for the organization; (iv) will not open more than one account/registration with Etzgo; and (v) that login/registration data, contact information and other information provided is current, complete, and accurate, that Etzgo can rely upon it to communicate with you and that if any such data or information changes you will update that data and/or information with Etzgo.

These Agreements will commence on the date that you complete the installation of the Etzgo App (the “Effective Date”).

END-USER LICENSE AGREEMENT FOR Etzgo APP

1. TITLE. The Etzgo TM App is a copyrighted work and its logos, brands and identifiers are trademarks owned exclusively by Etzgo. Etzgo shall retain all right, title and interest in the Etzgo App and in all intellectual property rights therein. Subject to Etzgo’s ownership, no license or other rights of any kind are granted or conveyed except for the limited use license expressly provided herein. You agree that you will not remove, conceal or otherwise change any copyright, trademark, patent or other proprietary notice or source identifier contained in or associated with the Etzgo App. Under this End-User License Agreement you only receive a copy of the Etzgo App. You shall not duplicate, distribute, offer, loan, transfer, encumber, sell or otherwise dispose of the copy of the Etzgo App you receive to any third party without having received prior written authorization from Etzgo. If you do so without Etzgo’s permission, the transfer will be deemed void because the limited use license is not transferable.

2. LIMITED LICENSE. Etzgo hereby grants to you a limited, nonexclusive, non-transferable, non-sub-licensable license to use the Etzgo App on a mobile device or personal computer that you may own or control to use, display and execute the Etzgo App during the term of this End-User License Agreement for your personal convenience. This limited license creates no legal, delivery business relationship, commitment or obligation between a transportation provider (“Driver”), Etzgo and/or any service or product owner for whom Driver may provide transportation service(s) (“Customer”).

3. RESTRICTION ON USE. You agree that you will not and that you will not permit or allow any other person, directly or indirectly to (a) copy, reproduce, modify, redistribute, sublicense, transfer, rent, lease, sell, resell, lend, assign, publish, transmit, create derivative work(s), disclose or otherwise disseminate, exploit or make available any portion or all of the Etzgo App to any third party in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Etzgo App; or (c) post, cast or otherwise make the Etzgo App available over a computer network where it could be used by multiple devices at the same time.

4. UPDATES OF THE Etzgo APP. During the term of this End-User License Agreement, Etzgo may, in its sole discretion, develop updates and may notify you that it has released an updated version of the Etzgo App (the ”Updated App”). You may download the Updated App and use the Updated App instead of the prior version. Any Updated App will also be considered “App” for purposes of this End-User License Agreement. Etzgo reserves the right at any time and from time to time to supplement, add, change, modify, alter or discontinue temporarily or permanently any and all functionality or features of the Etzgo App with or without notice. You agree that Etzgo shall not be liable to you for any modification, suspension or discontinuance of the Etzgo App or any features or functions of the Etzgo App. If Etzgo is required due to any third-party rights to modify the Etzgo App you agree to discontinue use of any prior version of the Etzgo App and commence using a modified version of the Etzgo App.

5. TERMINATION. This End-User License Agreement and the limited license granted hereunder shall terminate immediately if you breach any material term or condition hereof. In the event of a termination of this End-User License Agreement, you agree to discontinue all use of the Etzgo App, promptly destroy or have destroyed all copies of the Etzgo App, and upon request from Etzgo certify in writing to Etzgo that such destruction has taken place.

6. DISCLAIMER OF WARRANTIES. You acknowledge that the Etzgo App provided may contain bugs and errors. The Etzgo App is provided to you “as is” and any use of the Etzgo App is at your own risk. To the extent legally permitted under applicable law, Etzgo disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third-party rights, merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

7. LIMITATION OF LIABILITY. You agree that to the extent permitted under the applicable law, Etzgo shall not be responsible for any loss or damage to you or others caused by failure of the Etzgo App to function. In no event will Etzgo be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods or services, lost data or interruption of any mapping or communication functionality) in connection with the use of the Etzgo App or in connection with any other claim arising from this End-User License Agreement, even if Etzgo has been advised of the possibility of such damages. The aggregate liability of Etzgo arising from or relating to this End-User License Agreement and the downloading and use of the Etzgo App, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to Etzgo during the six month period preceding the event giving rise to liability. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. GENERAL PROVISIONS.

8.1 Feedback. In the event that you provide Etzgo with comments, feedback or suggestions regarding the use, operation, improvement or functionality of the Etzgo App (“Feedback”), including but not limited to information about potential improvement, operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to Etzgo all rights in the Feedback and agree that Etzgo shall have the right to use the Feedback and related information in any manner it deems appropriate in its sole discretion.

8.2 Governing Law, Arbitration and Venue. This End-User License Agreement shall be governed by the laws of the State of Utah without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Disputes as to this End-User License Agreement, except those causing irreparable harm and requiring injunctive relief discussed below, shall be resolved using arbitration. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this End-User License Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

You acknowledge that breach of this End-User License Agreement by you many cause irreparable injury to Etzgo for which monetary damages would not be an adequate remedy and, therefore, Etzgo will be entitled to seek injunctive relief (including specific performance) in a court of competent jurisdiction. To this end, you and Etzgo agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Utah and the federal courts located in the district in Utah where Etzgo has its principle place of business.

8.3 Sever-ability; Language. If any provision of this End-User License Agreement is found to be invalid or unenforceable, such provision will be deleted, changed and interpreted to accomplish the objectives of this End-User License Agreement to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect. The parties of this End-User License Agreement have expressly required that the present Agreement be drawn up in the English language.

8.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of the same provision or any other provision on any other occasion.

8.5 Entire Agreement. This End-User License Agreement and any terms whether express or implied included in the Etzgo App itself as to data gathering, advertising or in-App purchases constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this End-User License Agreement, nor any waiver of any right sunder this End-User License Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of the Etzgo, shall require the signature of a duly authorized officer of the Etzgo).

8.6 Assignment. This Agreement is personal to you. You may not assign any right you may have under this Agreement to any person or entity except as may occur by operation of law. Etzgo may assign any of its ownership and rights to another without requiring any consent from you.

1. WHAT THE Etzgo APP IS AND WHAT THE Etzgo APP IS NOT

The Etzgo App is merely a communication platform. It provides any attendant conveniences of communication between Driver and Customer via-a-vis the pick-up, transportation and/or delivery of personal property/goods (“Delivery Services.). The performance of Delivery Services by a Driver such as the time period in which the Delivery Services are performed by a Driver, as well as the item(s) of personal property/goods being picked-up, carried and/or delivered by a Driver as agreed by the Customer are collectively referred to as a “Delivery”. Neither Etzgo nor the Etzgo App provides Delivery Services or causes or participates in any Delivery. Etzgo provides communication services between Driver and Customer.

The Etzgo App also facilitates payment and collection for Delivery Services. Because neither Etzgo nor the Etzgo App provides Delivery services, Etzgo does not earn payment for Delivery Services. Etzgo does, however, earn a fee for facilitating payment for Delivery Services (“Collection Fee”). The amount of any fee earned by Etzgo is part of the fee Driver charges Customer for a Delivery (“Delivery Fee”). Etzgo, via the Etzgo App, facilitates the purchase and collection of the Delivery Fee, receives the Delivery Fee, retains Etzgo’s Collection Fee and forwards the balance of the Delivery Fee minus the Collection Fee to Driver. Details as to Collection Fees and Delivery Fees are discussed below.

2. Etzgo IS NOT RESPONSIBLE FOR THE ACTIONS OF DRIVERS AND CUSTOMERS COMMUNICATING VIA THE Etzgo APP AND/OR PROVIDING DELIVERY SERVICES

Etzgo is not an employer of Driver or Customer. You have no authority to bind Etzgo or cause Etzgo to have any responsibility for Delivery Services or for other delivery related legal obligations. Neither Driver nor Customer may undertake to hold yourself out as an employee, agent or authorized representative of Etzgo. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Etzgo, you agree to indemnify, defend (at Etzgo’s option) and hold Etzgo harmless from and against any claims by any person, Driver or Customer related to the Delivery Services.

You as a Driver or Customer expressly agree that: (a) the End-User License Agreement and/or these Terms of Use create an employment agreement with Etzgo or with each other; (b) no joint venture, partnership, or agency relationship exists between Etzgo and you; and (3) that except as otherwise provided in these Terms of Use Etzgo, Driver and Customer act as independent contractors to each other.

Driver and Customer hereby acknowledge and agree that Driver is a self-employed/independent contractor who chooses to perform Delivery Services for Customers who post Delivery requests on the Etzgo App. At no time does Etzgo control whether or when a Customer posts, removes or retracts a particular Delivery request, or whether or when a Driver chooses to pursue and fulfill a Delivery request by offering Delivery Services for a particular Delivery request.

Communication between Driver and Customer through the Etzgo App regarding the performance of particular Delivery Services does not control whether a Driver chooses to simultaneously provide Delivery Services or any other types of services under another platform or App for Customer, another person or persons.

Driver and Customer acknowledge and agree that by making or accepting a Delivery request, Driver and/or Customer may, outside the control of Etzgo, Driver and/or Customer, be exposed to unknown third-parties and contents in deliveries that may be or are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable and that Etzgo shall have no responsibility, obligation or liability therefor.

If any State or federal law or regulation require you to be treated as an employee of Etzgo (“Driver Employee Law”), Etzgo reserves the right, in its sole discretion, to terminate this Agreement and prohibit use of the Etzgo App in whatever geographic location is governed by Driver Employee Law. If this Agreement is terminated due to a Driver Employee Law, you acknowledge and agree that Etzgo shall not be liable for any consequential or compensatory damages.

As to any recipient of Items sent by Customer, neither the Limited End-User License Agreement nor the Terms of Use create or establish any third-party beneficiary rights in the recipient assertable against Etzgo or the Etzgo App. Any issue, claim or remedy a recipient may have as to delivery or the quality or status of a delivered Item is between the recipient and the Customer and/or Driver.

3. Etzgo DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER

Because Etzgo does not provide Delivery Services, Etzgo does not provide any regulated transportation or logistics services. As a result, Etzgo has no control over and is not responsible for the performance, actions or inactions of any Driver or Customer, whether associated with the use of the Etzgo App or the receiving or providing the Delivery Services between Driver and Customer in public, private, or offline interactions, or otherwise.

4. SAFEGUARDING Etzgo ACCESS AND SECURING THIRD PARTY INFORMATION

You will secure and keep confidential your Etzgo App account password or any identification credentials we provide you which allows access to the Etzgo App and related services. You will not permit another person or entity to use your Etzgo App account password or any identification credentials we provide you which allows access to the Etzgo App and related services.

You will secure and keep confidential any personal identifying information, confidential information, or information of any person, such as information governed by HIPPA, which you may receive through communications using the Etzgo App or which you may observe during the court of Delivery Services.

5. PROPER/IMPROPER USES OF Etzgo

You will not use the Etzgo App or Delivery Services for any unlawful purposes. You will not use the Etzgo App or Delivery Services for communicating, sending, transporting or storing any unlawful material or for deceptive or fraudulent purposes.

The Etzgo App and Delivery Services will only be used in accordance with all applicable local, state, federal and international commercial and transportations laws and regulations as well as respecting copyrights, trade secrets, trademarks, patents or other rights of any third party, including privacy or publicity rights. Any material violation of these restrictions provides grounds for Etzgo to terminate your use of the Etzgo App.

Driver and Customer agree that you each individually have an understanding of all transportation laws applicable to any Delivery request and/or Delivery Service in which you participate. You agree and acknowledge that you are not relying upon any communication, instruction, opinion or representation from Etzgo as to how to comply with transportation laws and regulations governing Delivery Services generally or any particular Delivery.

In any event, you warrant and agree that as to Delivery Services and Delivery there shall be:

no transportation whatsoever of any person;
no transportation of hazardous materials of any kind, including, but not limited to explosives, gases, flammable liquids, flammable solids, and/or poisonous or infectious substances, pool chemicals, paints and solvents, or anything designated by the Department of Transportation as hazardous materials;
no transportation of firearms, ammunition or other explosive materials;
no transportation of unlawful drugs; and
no transportation of goods for which you have reason to believe are illegal or stolen (“Prohibited Delivery”).

You acknowledge and agree that Etzgo is not responsible or liable for the shipment, preservation or disposal of contents of or any loss, fine or damage associated with any Prohibited Delivery known or unknown to Etzgo, Driver or Customer.

Certain controlled substances, by way of example only but not limited to, such as cigarettes, other tobacco products, alcohol and unlawful drugs, may, dependent on governing state or federal law, only be handled, sold and distributed in accordance with such laws. Driver and Customer acknowledge to Etzgo and to each other that Driver and Customer have independently identified, understand and will comply with all state and federal laws governing the handling, sale and distribution of controlled substances.

As a result, to prevent Prohibited Deliveries and to properly deliver other controlled substances, Customer and Driver agree to help protect each other through having Customer disclose generally the nature of the contents associated with its Delivery request and allowing the Driver to reserve its right to refuse Delivery Services based on a known or suspected Prohibited Delivery or delivery of other controlled substances.

You will not contact another User after the delivery has been completed.

You will not use any threatening, harassing, or otherwise inappropriate behavior to others using or associated with use of the Etzgo App.

You will not use the Etzgo App to discriminate against another user in violation of any governing law or regulation.

6.PROMOTIONS

Driver and Customer acknowledge and consent that Etzgo may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals. These rewards will come in the form of credits that can be used when communicating about and/or paying for Delivery Services. The Etzgo App or any associated website may be adapted to obtain and redeem promotional credits, codes and/or discounts.

Etzgo contemplates that a valid promotion credit, code or gift card must be entered before the service is requested in order for the credits to be applied to Delivery Services. Promotional credits, codes and/or discounts cannot be retroactively added to Delivery Services that have already been scheduled. Any promotional credits, codes and/or discounts earned using illegal or fraudulent methods will be null and void. Etzgo reserves the right to cancel or suspend promotional credits, codes and/or discounts prospectively.

7. DRIVER AGREEMENT

7.1 Driver Qualification and Provision of Delivery Services

You, Driver, acknowledge and agree that at all times material to Delivery Services: (a) you shall hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate your Vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Delivery Services to Customer between pick-up and delivery; (b) you are at least 18 years of age or at least the age required by law for the delivery of content identified by Customer; (c) you possess the appropriate and current level of training, expertise, experience and physical health to provide the Delivery Services required for the Delivery request in a professional and safe manner with due skill, care and diligence; (d) you will maintain high standards of professionalism, service and courtesy; (e) you will not provide Delivery Services when under the influence of alcohol, illegal drugs or any substance that impairs your ability to drive safely and interact with others; and (f) you are medically fit to drive and to lift at least 125 pounds without causing danger or health risk to yourself or another person. You represent that independent of Etzgo you have consulted all professionals necessary to ensure compliance with (a)-(f) above.

You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide the Delivery Services. You consent and allow Etzgo to request background and/or driving record records from relevant law enforcement or driver license agencies or departments. You acknowledge and agree that Etzgo reserves the right, at any time in Etzgo’s sole discretion, to deactivate or otherwise restrict you from accessing or using the Etzgo App if you fail to meet the requirements set forth in these Agreements.

Driver consent that Etzgo may independently verify your qualification documentation from time to time in any way Etzgo deems appropriate in its reasonable discretion.

7.2 Vehicle Requirements

You acknowledge and agree that any vehicle you use to provide Delivery Services (“Vehicle”) shall at all times be (a) properly registered and licensed to operate as a transportation vehicle in the state(s) corresponding the Delivery request; (b) suitable for performing the Delivery Services; (c) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable state(s); and (d) in a clean and sanitary condition and meets reasonable appearance standards deemed acceptable to maintain the reputation of Etzgo and Customer.

Driver consent that Etzgo may independently verify your Vehicle documentation from time to time in any way Etzgo deems appropriate in its reasonable discretion.

7.3 Mobile Communications

You agree that (a) you will possess an operable mobile device at all stages of Delivery Services; (b) use of the Etzgo App on your mobile device requires an active data plan with a wireless carrier associated with your mobile device, which data plan will be provided by you at your own expense; and (c) use of the Etzgo App on our mobile device as an interface with the Delivery Services may consume large amounts of data through the data plan.

7.4 Insurance and Taxes

After consulting with professionals, you have obtained and will maintain in force during all stages of Delivery Services, all automobile liability, workers’ compensation or health insurance coverage for Driver and your Vehicle.

You agree that Etzgo is not responsible for paying for automobile liability, workers’ compensation or health insurance coverage for Driver and your Vehicle or for any liability that may arise from a Driver’s performance of a Delivery Services, including any bodily injury or damage to property caused by or to the Driver while providing Delivery Services.

Driver acknowledges and accepts responsibility for all financial consequences to you related to personal income tax and personal property tax liabilities incurred while providing Delivery Services.

Etzgo has no responsibility or liability for any consequences resulting from Driver or Customer not having the proper authority, permits, licenses or insurance request or fulfill a Deliver request.

7.5 Driver’s Capability and Performance

Because Etzgo cannot know whether a particular Driver is physically capable of successfully providing Delivery Services, it is entirely the responsibility of the Driver to know and abide by their own physical limits.

For each and every Delivery Service you agree to: (a) as needed, properly distribute and secure the contents of a Delivery request (“Cargo”); (b) inspect the Cargo and devices to secure the Cargo prior to beginning trip; (c) have clear visibility on all sides of the Vehicle; and (d) use extreme caution and care with Customer’s Cargo when place in or on the bed of truck-like Vehicle. Customer consents that Driver may note any existing damage to any item of Cargo and photograph it prior to transport.

You agree to not accept a Delivery request for which you cannot safely load, securely transport and unload the intended Cargo with the Vehicle.

You are responsible to mitigate or remediate damage to or loss of Cargo directly with the Customer. You agree that Etzgo shall have no liability for damage to or loss of Cargo at or between pick-up and delivery.

7.6 Your Relationship with Etzgo

You acknowledge and agree that access to the Etzgo App and participation in Delivery Services creates no transportation/delivery business relationship between Etzgo and you. Etzgo does not, and shall not be deemed to, direct or control you generally or in your particular performance of Delivery Services, your acts or omissions, your operation and maintenance of your Vehicle or your loading, transporting and/or unloading of Cargo. You retain the sole right to determine when, where, and for how long you will utilize the Etzgo App and comply with these Terms of Use, bearing all liability therefore.

With the exception of any signage required by local law or permit/license requirements, Etzgo shall have no right to require you to: (a) display Etzgo’s name, logos or colors on your Vehicle; or (b) wear a uniform or any other clothing displaying Etzgo’s name, logos or colors.

You acknowledge and agree that you have complete discretion to provide Delivery Services to fulfill a Delivery request or otherwise engage in other business or employment consistent with these Terms of Use.

Etzgo retains the right to deactivate or otherwise restrict you from accessing or using the Etzgo App to communicate regarding the Delivery Services or from utilizing Etzgo’s payment collection services in the event of a violation of this Agreement, your disparagement of Etzgo, your act or omission that causes harm to Etzgo’s brand, reputation or business as determined by Etzgo in its sole discretion.

7.7 Geo-Location Tracking Agreement

To allow Customer and/or Etzgo to confirm the status and progress of Delivery Services provided by Driver, Driver agrees and consents that dynamic, geo-location information as to Driver’s Vehicle will be continuously provided to Customer and Etzgo via Driver’s mobile device and mobile communication service during the performance of Delivery Services. Driver hereby consents that the location of Driver’s Vehicle used to provide Delivery Services may be electronically or visually monitored, tracked and shared for the benefit of Customer and Etzgo.

7.8 Suspension and/or Permanent Termination of Driver Account

Driver Ratings. The Etzgo App will allow Customers to rate and comment on your Delivery Service performance. In order to continue to receive access to the Etzgo App and participate in Delivery Services, you must maintain an average rating by Customers that exceeds the minimum acceptable rating established by Etzgo for your territory of service, as may be updated from time to time by Etzgo in its sole discretion (“Minimum Average Rating”). Your average rating will be determined by Customer’s satisfaction with your Delivery Services, not by your technical compliance with the End-User License Agreement and these Terms of Use. In the event your average rating falls below the Minimum Average Rating, Etzgo will notify you and may provide you, in Etzgo’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Etzgo reserves the right to suspend or permanently terminate/deactivate your access to the Etzgo App and your participation in Delivery Services.

Display of Driver Ratings. Driver agrees and consents that Etzgo may use, share and display the ratings and comments of Customer’s vis-à-vis your Delivery Service performance on the Etzgo App or related website in any manner in connection with the business of Etzgo without attribution to you or your approval. You acknowledge and agree that Etzgo is a conduit of (without any obligation to verify) and not the author or publisher of Customer ratings and comments, provided that Etzgo reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable or false content, include an individual’s name or other personal information, or violate any privacy laws, or other applicable laws or these Terms of Use.

7.9 Reimbursement of Out-of-Pocket of Expense Paid by Driver

Driver will only be reimbursed for out-of-pocket costs and expenses incurred in performing and directly related to a Delivery. Reimbursement requires Driver to present Etzgo with adequate documentary evidence of incurring the same (a receipt) within fifteen (15) days of incurring the expense. Such expenses include fees, permits, taxes and tolls directly related to a particular Delivery, but do not include Vehicle fuel, service, maintenance, insurance and the like related to generally operating the Vehicle.

7.10 Exchange of User and Destination Information

If you accept a posted Delivery request for Delivery Services, the Etzgo App will provide you with certain Customer Information including the Customer’s name, pick-up and Delivery destination locations and other pick-up contact information. Driver shall give Customer or Customer’s agent at least ten (10) minutes beyond the scheduled pick-up time to appear to coordinate pick-up of Cargo at the indicated location.

You will obtain the Delivery destination from the Customer through the Etzgo App.

You acknowledge and agree that once you have accepted a Customer’s request for Delivery Services, the Etzgo App may provide certain information about you to the Customer including at least your first name, contact information, photo, pick-up location, and your Vehicle’s make, model and license plate number to permit the Customer or Customer’s agent to confirm Driver authenticity.

Except for purposes associated with the particular, accepted Delivery request, you shall not contact any Customer or Receiver (the person or entity receiving delivery) or use any personal data or contact information of Customer or Receiver for any other reason including for a future delivery. As agreed below with respect to non-disclosure, non-competition and non-circumvention, you will make no arrangement for other or future Delivery Services to be provided by yourself or by another with any Customer or Receiver except through the Etzgo App or related website.

Independent of Etzgo, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Delivery Services; and (b) you shall provide all necessary licensed and registered Vehicles, Vehicle accessories, equipment, tools and other materials, at your own expense, necessary to perform the requested Delivery Services.

7.11 Financial Terms

Delivery Calculation and Your Payment. You are entitled to charge a fare for each completed Delivery Service provided to a Customer based upon the Delivery request identified by the Customer and consistent with Etzgo’s size and weight designations for each Delivery, see sections 8.1 and 8.2 below (“Fare’’), calculated based on current standards for the transportation area and established by the Etzgo that may include minimum charge, base rate, per mile charge, and user discounts or promo codes (“Fare Calculation”). Notwithstanding the foregoing, there may be situations where the Fare is predetermined, e.g., fixed rates or minimum Fare. You acknowledge and agree that the Fare less a Service Fee is the payment you will receive in connection with the execution of Delivery Services. You acknowledge that Etzgo may distribute user discounts (promo codes) to encourage usage of the Etzgo App and that the Fare available to you will be less than the normal Fare when a promo code is utilized by a Customer.

You are entitled to charge User for any tolls, taxes or fees incurred during the execution of Delivery Services, if applicable.

You (a) appoint Etzgo as your limited payment collection agent solely for the purpose of accepting the a delivery fare, tips, applicable tolls and, depending on the region and/or if requested by you, applicable taxes and fees from the Customer on your behalf via the payment processing functionality facilitated by the Etzgo App; and (b) agree that payment made by Customer through Etzgo shall be considered the same as payment made directly by Customer to you.

Changes to Fare Calculation; Fare Adjustment. Etzgo reserves the right to change the amount charged for Delivery Service (“Fare”) at any time in Etzgo’s discretion based upon local market factors. Your acceptance of a Delivery request with the associated driver earnings will constitute your acceptance of the Etzgo’s Fare calculation. Additionally, Etzgo reserves the right to cancel the Fare for a particular instance of Delivery Services (e.g., User is charged for Delivery Services that were not provided, in the event of a Customer complaint, fraud, etc.). Etzgo’s decision to alter, reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.

Service Fee. In consideration of Etzgo helping drivers find Customers and Customers find drivers and of payment processing associated with Delivery Services for your use and benefit hereunder, you agree to pay Etzgo a service fee on a per Delivery Services transaction basis (“Service Fee”). The Service Fee will include, at a minimum, a finder’s fees for provisioning of Delivery Services (“Finder’s Fee”) and fees for processing Customer payments (”Payment Processing Fee”). Any tips you receive from a Customer or Receiver whether in cash or through the Etzgo’s payment processing will not be subject to the Etzgo Finder’s Fee. Tips submitted through the Etzgo’s payment processing are subject to the Payment Processing Fee. In the event government laws for regulations applicable to your delivery area require taxes to be calculated on the Fare, Etzgo shall calculate the Service Fee based on the Fare net of such taxes. Etzgo reserves the right to change the Service Fee at any time in Etzgo’s discretion based upon local market factors. Your acceptance of a Delivery request with the associated driver earnings will constitute your acceptance of the Service Fee.

Service Fee Reduction Policy. Etzgo May reduce its Service Fee based upon you achieving certain factors through the Etzgo App which will be set by Etzgo. Factors that may be included in the Service Fee reduction bonus are: average star ratings, number of positive reviews, referrals, punctuality, completed deliveries and number of times you have been favorited. Etzgo reserves the right to change the calculation of the Service Fee reduction bonus at any time.

Payment Practices. Etzgo will process the Customer payment on your behalf through a third-party payment processing functionality. We will use commercially reasonable efforts to remit amounts owed to you at least once a week. In the event that a Customer payment is not honored or is otherwise unsuccessful (bank card declined), Etzgo will make best effort in reaching the Customer to resolve the payment issue and Etzgo will then remit your payment as soon as the Customer makes a successful, follow up payment.

Cancellation Charges. You acknowledge and agree that Customer may elect at any time to cancel a Delivery Service request that has already been accepted by you via the Etzgo App. In the event that a Customer cancels an accepted request for Delivery Services, Etzgo may charge the Customer a cancellation fee on your behalf (“Cancellation Fee”). If charged, the Cancellation Fee shall be deemed the Fare for the cancelled Delivery Services for the purpose of remittance to you hereunder.

Taxes. You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Delivery Services, including all Service Fees paid to you, as required by applicable law; and (b) provide Etzgo with all relevant tax information if and as requested by Etzgo. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Delivery Services.

8.CUSTOMER AGREEMENT

8.1 Responsibilities of Customer regarding Delivery Requests

In order to request a Delivery, you, the Customer, will have to specify certain information about the Delivery request which may include the pick-up address, the name of the recipient and destination address, the size of delivery, a description of the items you are requesting to be delivered (“Items”), the contact information of you and the recipient, the date and time of pick-up and the acceptable time allowance between pick-up and delivery subject to unforeseen or delivery obstacles outside the control of Driver such as weather, traffic, delivery vehicle breakdown, illness and/or recipient availability.

Using the address you provide, Etzgo will use commercially reasonable efforts to find you with a Driver to perform the Delivery request for you and will provide the Driver applicable details regarding the Delivery request. If no Drivers are available, Etzgo will notify you that there are currently no Drivers available to perform the Delivery request, at which point Etzgo will have no further obligation to attempt to find you a Driver for the applicable Delivery request.

For extra large size Delivery requests, upon pickup, Customer is responsible for bringing Item(s) to a specified exterior door or garage of Customer. Upon Delivery, Driver will deliver Item(s) to a designated front door, garage, or specified exterior door of Recipient.

For large (two or more people needed) Delivery requests, upon pick-up Customer is responsible for assisting or providing help loading the Item(s). Upon Delivery, the Customer or Recipient is responsible for assisting with or providing help unloading the Item(s) at the delivery destination. Driver may help upon Driver’s own discretion. Upon booking the delivery, Customer may request, for an additional fee, a second vehicle and Driver to assist in the delivery and/or request Driver assistance in loading and unloading the Item(s). Customer will still be responsible to provide the additional manpower required to load or unload any items a delivery driver could reasonably not do alone.

At no point between pick-up and delivery will Customer be permitted to ride in Driver’s Vehicle with the Driver unless the Driver is the Customer.

8.2 Financial Terms

Calculation of Fees. You will be charged a Fare for each completed Delivery Service provided to you by a Driver, calculated based upon the agreed upon bid price accepted by Driver and Customer. Agreed upon price between customer and driver factors in Etzgo delivery designation which contemplates the size and/or weight of the Item(s) to be delivered, vehicle size, mileage, additional fees (urgency, weight, extra person fee) plus any applicable tolls and taxes, less any promo codes or credits available to you. A minimum Fare designated by Etzgo will apply regardless of promo codes or credits used (“Minimum Fare”).

Payment for Delivery Services. Payment of the Fare shall be made through the payment processing made available through the Etzgo App and shall be considered the same as payment made directly by you to the Driver. Fare(s) paid by you are final and non-refundable, unless otherwise determined by Etzgo.

Unless otherwise agreed, Etzgo accepts identified credit card, Venmo, PayPal, and ApplePay through its third party payment processor. Upon scheduling a Delivery, payment will be required in advance. Your payment includes all final Fares, fees, taxes, and gratuity, if desired, which will be combined for a total amount to be charged to you for the Delivery Services. If the delivery is unable to be completed due to the driver or Etzgo, Etzgo will refund your full payment to Customer. Further, Customer will be refunded if properly cancelled within the accepted cancellation period as outlined in Section 8.6.

Tip or Gratuity. Etzgo’s Fares do not designate any portion of the stated Etzgo Fare as a tip or gratuity to the Delivery Provider. Gratuities are voluntary and additional.

Delivery Confirmation. At the Delivery destination, Driver shall confirm delivery and Customer will receive via SMS Text or email, as requested, a Delivery confirmation including a photo of the delivered Item(s) (“Delivery Confirmation”).

After receiving the Delivery Confirmation, Customer will be prompted to leave a review and will be given the option to “Favorite” the Driver.

Customers may have the option of requesting a “Favorited” Driver when booking future Delivery requests. Company will attempt to accommodate Customer’s request for a Favorited Driver, but cannot and does not guarantee that a Favorited Driver will be available.

8.3 Undeliverable Items

Customer shall be assessed a $250 fee if the Delivery Services are timely provided as agreed but due to the size, weight or nature of the Item or due to the unavailability of the Recipient the Item cannot be delivered as agreed at the requested Delivery location/destination, unless the Customer orRecipient does within one hour provide the necessary, albeit delayed, delivery measures called for by the Delivery request. In addition, when delivery is delayed as set forth in this section the Wait Fee defined above shall be charged to the Customer.

8.4Confirmation of Driver Identification and Capability

Upon pick-up, it is Customer’s responsibility to confirm the Driver’s identification to Customer’s satisfaction. This can be done by matching the Driver’s identification with the information provided by the Etzgo App prior to placing the Item(s) with Driver for delivery.

Upon pick-up, it is Customer’s responsibility to independently assess the adequacy of Driver’s delivery capability by observation of the Driver and the Driver’s Vehicle. Upon pick-up and placing Item(s) in the possession of Driver, Customer acknowledges the adequacy of Driver’s and Vehicle’s delivery capability.

8.5 Customer Responsibilities regarding Items for Delivery

Customer should leave any package or exemplary package containing an Item for delivery open for inspection by Driver. If a Customer doesn’t leave the package open, Driver always has the right to require Customer to open the package or exemplary package to inspect Item(s) before Driver accepts the package(s) for delivery. As to new-in-box Item(s) in a package of a third party or baggage of third-parties, Driver has the responsibility to inspect the outside of the package or baggage to make Driver’s independent decision to accept the package for delivery. Upon acceptance of the package or baggage for delivery by Driver, Customer’s obligation of disclosure as to the Item(s) for delivery has been met.

Upon pick-up, Driver shall note and memorialize by written memo or photograph any damage to the Item(s), packages or baggage before accepting the Item for delivery. Any damage so noted or memorialized, shall be the responsibility of Customer and no Driver.

In all cases, Customer has the responsibility to package items appropriately based on nature of the Item, level of transportation risk, fragility, other factors specific to the individual Item, the Vehicle offered by Driver, to ensure the safety and integrity of the Item or compliance with all applicable laws.

In no case shall Etzgo be liable for loss or damage to any Item associated with a Delivery request. Etzgo Inc. has no and will have no responsibility to protect Customer’s Item(s) under Etzgo Protection Plan for any loss of, or damage to, any Item prepared by Customer for delivery.

8.6 Cancellation Policy

Etzgo will charge Customer and process payment by Customer for a Cancellation Fee published on the Etzgo App for each late-cancelled Delivery request and/or for each no-show at pick-up. Customer may request a cancellation of a Delivery any time before the Delivery request has been accepted by Driver. A Delivery request is deemed late-cancelled when the Customer cancels the Delivery request after Driver has accepted the Delivery request (“Late-Cancelled Delivery Request“).

A pick-up is deemed a no-show when, subject to delay and a Wait Fee described above, you present Item(s) for pick-up more than fifteen (15) minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Etzgo App, (ii) present Item(s) for pick-up more than 30 minutes after the agreed pick- up/drop-off time, if you have contacted the Driver or (iii) if you ultimately fail to present Item(s) for pick-up by Driver at the requested time and place as designated in the Delivery request (“No-Show“).

In the case of a no-show, the Driver will report a No-Show through the Etzgo App. A No-Show will cause the existing Delivery request to be cancelled.

Etzgo may temporarily suspend your account after your second Late-Cancelled Delivery Request or second No Show and may permanently terminate your account upon your third Late-Cancelled Delivery Request or No-Show.

9. Etzgo PROTECTION PLAN

9.1 Limited Protection

Any recovery from Etzgo for damage, loss or theft to any Item is limited under the Etzgo Protection Plan. Etzgo insures each Item against damage, loss or theft up to $100 per Delivery.

Etzgo also offers additional insurance at the time of delivery request for additional charges depending on value of item to be delivered the customer can add or decline.

In no case shall Etzgo’s limited liability or the additional insurance coverage to Customer for loss, damage or theft to any Item during Delivery exceed the Item’s actual, documented costs to repair or replace the Items.

9.2 Filing a Claim

Customer shall have forty-eight (48) hours after delivery to file a claim with support@Etzgo.com for claims valued at $100 and less. If additional insurance has been purchased, please refer to the third party insurance company for claim submissions. Customer waives any claim not submitted timely.

10. DRIVER OR CUSTOMER ACTIONS LEADING TO TEMPORARY SUSPENSION AND/OR PERMANENT TERMINATION OF ACCOUNTS

Not withstanding any of the forgoing, and without limiting any other of its remedies at law or in equity, Etzgo may temporarily suspend and/or permanently terminate any Driver or Customer Etzgo account and access to the Etzgo App and any participation in Delivery Services if:

you breach, are suspected of breaching, or are alleged to have breached these Terms or the terms or Driver or Customer Agreement to which you are subject or any of Etzgo’s other terms or policies governing a use Etzgo App;
Etzgo is unable to verify or authenticate any information you provide to us;
Etzgo believes that your actions may cause financial loss or legal liability for you, our Users or Etzgo, its affiliates, or third party providers;
Etzgo has a good faith basis to believe you may subject Etzgo or you or any other User to employment or transportation regulation by any state or local government or regulatory agency;
we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the Etzgo App, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
prohibited Items are discovered in your Delivery.

Etzgo may temporarily suspend a User’s account while investigating any incident or action that could lead to Etzgo permanently terminating your account and/or access to the Etzgo App. Your account may be suspended for such time as Etzgo determines in its sole discretion. You may provide Etzgo notice in writing of any extenuating circumstances surrounding the events leading to the suspension and/or termination which Etzgo may consider in its sole and absolute discretion when making decisions regarding the status of your account and access to the Etzgo App.

11.NON-DISCLOSURE, NON-COMPETE, NON-CIRCUMVENTION AND NON-SOLICITATION

11.1 Proprietary Information.

You acknowledge and agree that Etzgo has developed and owns the Etzgo App which finds and connects Driver and Customer who, but for the Etzgo App, would not know about each other or would not otherwise be able to identify how Driver and Customer may interact for Deliver Services.

That is, the identity of Customer and each first and subsequent Delivery request by a Customer and the identity of Driver and each first and subsequent Delivery Service provided by Driver constitute trade secret information of Etzgo.

n exchange for this finding service and the connection and introduction of Driver to Customer and of Customer to Driver, you agree that Etzgo is appointed as your payment collection agent for all deliveries requested by Customer and all delivery services provided by Driver occurring after the first introduction of Driver and Seller via the Etzgo App.

11.2 Non-Disclosure Agreement

In order the maintain the proprietary and confidential nature of the identity of Customer and Driver, of the Delivery requests of Customer and of the Delivery Services of Driver, each Driver and Customer agree as follows:

Driver will not disclose any Delivery request of a Customer to any other person or entity unassociated with Etzgo or the Etzgo App who are not bound by all of the same obligations as Driver under these Agreements.

Customer will not disclose any Delivery Service of a Driver to any other person or entity unassociated with Etzgo or the Etzgo App who are not bound by all of the same obligations as Customer under these Agreements.

11.3 Non-Use and Non-Compete Agreement

Driver agrees not to use or compete with Etzgo’s service of finding Delivery requests including the use of any Customer’s identity, location or business identified using the Etzgo App for any Delivery subsequent to the first Delivery involving Driver and Customer unless the subsequent Delivery is facilitated using the Etzgo App.

Customer agrees not to use or compete with Etzgo’s service of finding Delivery Services through the Etzgo including the use of any Driver’s identify or Vehicle identified using the Etzgo App for any Delivery subsequent to the first Delivery involving Driver and Customer unless the subsequent Delivery is facilitated using the Etzgo App.

11.4 Non-Circumvention Agreement.

Driver and Customer agree not to circumvent the payment collection service of Etzgo by (i) dealing directly with each other outside of the Etzgo App subsequent to any Delivery involving Driver and Customer resulting from use of the Etzgo App or (ii) altering the Delivery request or Items to be delivered among themselves independent of Etzgo or the Etzgo App. Driver agrees to refrain from providing any Delivery Services directly or indirectly with any Customer or simultaneously with the same Customer or entity or person related to or associated with Customer unless Driver does so through the Etzgo App. Customer agrees to refrain from making any Delivery request directly or indirectly with any Driver or simultaneously with the same Driver or entity or person related to or associated with Driver unless Customer does so through the Etzgo App.

11.5 Non-Solicitation

Driver agrees that Driver will not solicit any delivery request from a Customer first identified to Driver directly through the Etzgo App or indirectly by another Driver or Send having or having had access to Etzgo App unless that solicitation occurs using the Etzgo App to accept the delivery request.

Customer agrees that Customer will not solicit any delivery services from a Driver first identified to Customer directly through the Etzgo App or indirectly by another Driver or Send having or having had access to Etzgo App unless that solicitation occurs using the Etzgo App to seek the delivery services.

11.6 Duration of Agreements

Driver’s and Customer’s obligations under this section 11 shall be effective throughout the duration of your use of the Etzgo App and for a period of three years from the date of the last Delivery involving Driver or Seller under these Terms of Use.

11.7 Destruction of Driver/Seller Information

Upon termination of either the limited End-User License or your use of the Etzgo App under the Terms of Use, any Driver or Customer contact information obtained directly or indirectly through the Etzgo App or directly from a Driver or Customer shall be destroyed, that is, all printed documents and/or electronic files and copies thereof, or any other written documentation or tangible things regarding the a Delivery between Driver and Customer shall be permanently destroyed or deleted and not again accessed by Driver or Customer.

11.8Enforcement

In the event it becomes necessary for Etzgo to enforce the provision of section 11, Driver and Customer agree to subject to the ADR provisions of section 12.

12. GENERAL PROVISIONS.

12.1 Governing Law, Arbitration and Venue. This End-User License Agreement shall be governed by the laws of the State of Utah without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

12.3 Sever-ability; Language. If any provision of this End-User License Agreement is found to be invalid or unenforceable, such provision will be deleted, changed and interpreted to accomplish the objectives of this End-User License Agreement to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect. The parties of this End-User License Agreement have expressly required that the present Agreement be drawn up in the English language.

12.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of the same provision or any other provision on any other occasion.

12.5 Entire Agreement. This End-User License Agreement and any terms whether express or implied included in the Etzgo App itself as to data gathering, advertising or in-App purchases constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this End-User License Agreement, nor any waiver of any rights under this End-User License Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of the Etzgo, shall require the signature of a duly authorized officer of the Etzgo).

12.6 Assignment. This Agreement is personal to you. You may not assign any right you may have under this Agreement to any person or entity except as may occur by operation of law. Etzgo may assign any of its ownership and rights to another without requiring any consent from you.

12.PRIVACY

Etzgo shall maintain the privacy of all data of Driver and Customer provided to Etzgo unless disclosure is required by the functionality of the Etzgo App or by applicable law. Driver and Customer shall maintain the privacy of all data of Driver and Customer received using the Etzgo App unless disclosure is required by the functionality of the Etzgo App or by applicable law.