TERMS AND CONDITIONS
The terms of service outlined on this page constitute a legally binding agreement (the “Agreement”) between you and Women Driving Women. (“WomenDrivingWomen,” “WDW,” “we,” “us” or “our”) overseeing your use of the WomenDrivingWomen website and application.
1. ACCEPTANCE OF TERMS.
By entering into this Agreement, and/or by using or accessing the WomenDrivingWomen website and app, you expressly acknowledge that you understand this Agreement and accept all of its terms. You must agree to be bound by the terms and conditions of this Agreement to access the WomenDrivingWomen website and use the application. The Terms outlined here expressly supersede prior agreements or arrangements with you. WomenDrivingWomen may immediately terminate these Terms or any Services concerning you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. DESCRIPTION OF SERVICE.
WomenDrivingWomen provides a marketplace where women who seek transportation to specific destinations (“Riders”) are matched with a regular personal driver driving to or through to particular destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Members,” and each Member shall create a Member account that enables access WomenDrivingWomen.com and the application. Each person may only create one Member account, and WomenDrivingWomen reserves the right to close any additional accounts. As a WDW Member, you authorize WomenDrivingWomen to match you with a personal Driver or Rider based on factors such as your location, your destination needs, member preferences, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched by WomenDrivingWomen shall be referred to collectively as the “Services.” Any decision by a Member to offer or accept Services is a decision made in such Member’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In the event WomenDrivingWomen modifies the terms and conditions of this Agreement, WDW reserves the right to change any information referenced in this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the WomenDrivingWomen Application or Services after any such changes shall constitute your consent to such changes.
A WomenDrivingWomen membership may only be used by individuals who can form legally binding contracts under applicable law. By becoming a Member, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Member account, and you agree that you are the sole authorized user of your member account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Fees”). Fees include Fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. WomenDrivingWomen has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on the WomenDrivingWomen Milage Rates page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request as described on the Milage Rates page. You are responsible for reviewing the Milage Rates page or price quote from your Driver or the price within the WomenDrivingWoman app and shall be responsible for all Fees incurred under your Member account regardless of your awareness of such Fees or the amounts thereof.
Fares. There are three types of fares, Regular, Senior, and Premium.
Regular Fares. Regular fares consist of Regular Hours and Out of County (7 AM TO 8 PM M-F). For particularly short rides, minimum fares may apply. Please note that we use data from your Driver’s log to calculate the distance traveled on your ride.
Senior Fares. Senior Fares are for seniors 65+ (7 AM to 8 PM M-F) for Local destinations only. For particularly short rides, minimum fares may apply. Please note that we use data from your Driver’s log to calculate the distance traveled on your ride.
Premium Fares. Premium Fares are for Hours outside of the Regular Hours (7 AM to 8 PM M-F) and Holidays. For particularly short rides, minimum fares may apply. Please note that we use data from your Driver’s log to calculate the distance traveled on your ride.
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable Lyft Cities page.
Cancellation Fee. After requesting a ride you may cancel it through your Driver or the app, but note that in some instances a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $300 depending on the extent of the damage (as determined by WDW in its sole discretion), towards vehicle repair or cleaning. WomenDrivingWomen reserves the right (but is not obligated) to verify or otherwise require documentation of damages before processing the Damage Fee.
Tips. Following a ride, you may elect to tip your Driver in cash. Any tips will be provided entirely to the applicable Driver.
Facilitation of Fees. All Fees are facilitated through a third-party payment processing service. WomenDrivingWomen may replace its third-party payment processing services without notice to you. With the exception of tips, cash payments are strictly prohibited. Your payment of Fees to WDW satisfies your payment obligation for your use of the WDW Platform and Services.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the WDW Membership, any disruption to the WDW website, app or Services, or any other reason whatsoever.
Credit Card Authorization. Upon addition of a new payment method or each ride request, WDW may seek the authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Payments. If you are a Driver, you will receive payment for your provision of Services according to the terms of the Driver Agreement, which shall form part of this Agreement between you and WomenDrivingWomen. The Driver Agreement is available in the Driver section when you log into your account.
6. WOMENDRIVINGWOMEN COMMUNICATIONS.
By entering into this Agreement or using the app, or this website, you agree to receive communications from WomenDrivingWomen, including via email, text messages, calls, and push notifications. You agree that automatic telephone dialing systems may generate texts, calls, or prerecorded messages. Communications from WomenDrivingWomen, its Drivers, may include but are not limited to: operational communications concerning your Member account or use of the WDW app, website or Services, updates concerning new and existing features on the WomenDrivingWomen website and app, communications concerning promotions run by us, and news concerning WomenDrivingWomen and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our email list by following the unsubscribe options in the email itself.
7. YOUR INFORMATION.
8. RESTRICTED ACTIVITIES.
With respect to your use of the WomenDrivingWomen website and app and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the WDW website or the servers or networks connected to the WDW website;
post Information or interact on with the WDW Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the WomenDrivingWomen website or app in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or Personal Information;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the WDW website or any software used on or for the WDW app;
rent, lease, lend, sell, redistribute, License or sublicense the WDW app or access to any portion of the WDW website;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the WomenDrivingWomen website or its contents;
link directly or indirectly to any other web sites;
transfer or sell your Member account, password and/or identification to any other party;
discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
Driver Representations, Warranties, and Agreements. By providing Services as a Driver with WomenDrivingWomen, you represent, warrant, and agree that:
You possess a valid Driver’s License and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the WomenDrivingWomen community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by WomenDrivingWomen, and for which a photograph has been supplied to WomenDrivingWomen, and you will not transport more passengers than can securely be seated in such vehicle.
You will not, while providing the Services, engage in activity in a manner that is inconsistent with your obligations under your Driver Agreement.
You will not attempt to defraud WDW or Riders using the WDW Services or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question.
You will make reasonable accommodation for Riders and/or for service animals, as required by law.
You agree that we may obtain Information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, state, and local taxes based on your provision of Services and any payments received by you.
9. INTELLECTUAL PROPERTY.
WomenDrivingWomen absolutely and in their entirety shall own all intellectual property rights in the WomenDrivingWomen app and website. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names outlined in the WDW app and website are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other Information provided by you to us are non-confidential and shall become the sole property of WomenDrivingWomen. WDW shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that you will not: (1) create any materials that use the WomenDrivingWomen logos or images or any derivatives as a trademark, service mark, trade name or trade dress, other than as expressly approved by WDW in writing; (2) use the WDW logo or images in any way that tends to impair their validity, or use the WDW logo or images other than in accordance with the terms, conditions and restrictions herein; (3) apply for trademark registration any of the WDW logos or promotional materials; (4) use the WomenDrivingWomen logo or images on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in WDW’s sole discretion.
The following disclaimers are made on behalf of WomenDrivingWomen, parents, successors and assigns, and each of our respective officers, directors, employees, and agents.
The WomenDrivingWomen website and app are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the WDW website or app and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the WomenDrivingWomen website, app or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the WDW app will be corrected, or that the WomenDrivingWomen website and app are free of viruses or other harmful components. We disclaim liability for, and no warranty is made concerning, connectivity and availability of the WomenDrivingWomen website, apps, or Services.
WomenDrivingWomen is not responsible for personal belongings left in the car by Drivers or Riders. By using the WomenDrivingWomen and participating in the Services, you agree to accept such risks and agree that WDW is not responsible for the acts or omissions of Members on the WDW website or participating in the Services.
You are responsible for the use of your Member account, and WomenDrivingWomen expressly disclaims any liability arising from the unauthorized use of your Member account. Should you suspect that any unauthorized party may be using your Member account or you suspect any other breach of security, you agree to notify us immediately.
We disclaim all liability, regardless of the form of action, for the acts or omissions of other Members (including unauthorized members, or “hackers”).
You will defend, indemnify, and hold WomenDrivingWomen including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the WomenDrivingWomen website, app, and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third Party; (3) any allegation that any materials that you submit to us or transmit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. LIMITATION OF LIABILITY.
In no event will WomenDrivingWomen,including our parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the WomenDrivingWomen website and app, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the WomenDrivingWomen website or app, the services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.
13. TERM AND TERMINATION.
This Agreement is effective upon your creation of a Member account. This Agreement may be terminated: a) by Member, without cause, upon forty-eight hours notice to WomenDrivingWomen or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, WDW may terminate this Agreement or deactivate your Member account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) WomenDrivingWomen has the good faith belief that such action is necessary to protect the safety of the WDW community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to WDW’s reasonable satisfaction prior to WomenDrivingWomen permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to WDW’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to WomenDriving Women’s business, operations and properties, information about a Member made available to you in connection with such Member’s use of the website and/or app, which may include the Member’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by WDW for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of WDW in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to WDW with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by WDW or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of WDW; becomes known to you, without restriction, from a source other than WDW without breach of this Agreement by you and otherwise not in violation of WDW’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to WDW to enable WDW to seek a protective order or otherwise prevent or restrict such disclosure.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by WomenDrivingWomen, in our sole discretion by providing notice to you. Any notices to you shall be provided to you through the WomenDrivingWomen website, or app, or given to you via the email address or physical you provide to WomenDrivingWomen during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include,” “includes” and “including” are deemed to be followed by the words “without limitation.” A party’s failure to act with respect to a breach by the other Party does not constitute a waiver of the Party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and Agreement between you and WomenDrivingWomen with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the WomenDrivingWomen website, app, or Services, please contact us.