Other Legal Matters
Zoom Drivers reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Zoom Drivers, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Zoom Drivers, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Zoom Drivers Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy Enforcement
When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you
You agree that Zoom Drivers may contact you by electronic means (e.g., electronic mail; notifications via Zoom Drivers messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Zoom Drivers Account or Zoom Drivers Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Zoom Drivers is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Zoom Drivers and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Zoom Drivers or its agents for quality control, training, or other purposes. You understand and agree that your communications with Zoom Drivers may be overheard, monitored, or recorded. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
Non-disparagement
The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Zoom Drivers is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the Indian states. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.
Specific terms for guests
The following sections also apply if you book a vehicle using the Services:
Guest Commitments
As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
Guest Financial Responsibility for Physical Damage to the Vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Zoom Drivers, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Zoom Drivers to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Auto Liability Insurance and Legal Liability Protection
Hosts offering a vehicle for sharing on the Services cannot offer you liability insurance. Trips originating in any states of India include coverage under an automobile liability insurance policy. In the US, the policy is issued to Zoom Drivers by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Zoom Drivers. If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the Zoom Drivers Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Zoom Drivers has any concern about your use of a vehicle, Zoom Drivers may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help at Zoom Drivers. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Telematics Notice and Release
Vehicles booked on Zoom Drivers may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.
Condition of the Vehicle and Optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Zoom Drivers, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Zoom Drivers team immediately
No Responsibility for Shared Vehicles or Personal Belongings
You acknowledge that Zoom Drivers is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. You also acknowledge and agree that neither Zoom Drivers nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.
Incident Reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Zoom Drivers help. You must also make a report to the police. In India, making a report to the police is not mandatory where the incident only involves vehicle damage and no personal injury, however you must complete an incident report in all cases. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Zoom Drivers or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Zoom Drivers, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Zoom Drivers staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
Vehicle Theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here
If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
If the vehicle’s interior components, and, in India, the mandatory safety equipment, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
If you fail or refuse to communicate in good faith with the host, police, Zoom Drivers, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Zoom Drivers material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs Zoom Drivers deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Zoom Drivers and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Missing Vehicles
If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Zoom Drivers, and other authorities in all matters related to the investigation.
Zoom Drivers Photography
Zoom Drivers may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Zoom Drivers listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Zoom Drivers is the sole and exclusive owner – or exclusive licensee, as allowed by applicable law – of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Zoom Drivers ownership or registration thereof. You acknowledge that Zoom Drivers may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Zoom Drivers photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Zoom Drivers. At Zoom Drivers request, you will execute documents and take such further acts as Zoom Drivers may reasonably request to assist Zoom Drivers to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Vehicle Availability
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Zoom Drivers and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.
Pricing, Earnings, and Payments
You will have the ability to set and revise the vehicle’s pricing as you choose. Zoom Drivers will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Zoom Drivers. A description of fees can be found here. To the extent you owe Zoom Drivers or any third party lender money for any reason, Zoom Drivers also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing
In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that Zoom Drivers is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment. As a condition of Zoom Drivers enabling payment processing services through Stripe, you authorize Zoom Drivers to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize Zoom Drivers to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Zoom Drivers reserves the right to switch payment processing vendors at its discretion.
Airport dDlivery; Personal Vehicle Sharing Regulations
Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Zoom Drivers does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. Learn more about airport delivery here.
Maintenance
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Zoom Drivers believes that your vehicle does not conform to reasonable standards, Zoom Drivers may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Zoom Drivers may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.
Co-hosting Tools and Hosting Teams
Co-hosting tools are a set of tools available through the Services that allow hosts to organize their Co-hosts into teams and enable Co-hosts to perform tasks for one or more vehicles. “Co-host” is anyone a host works with to manage their vehicles, including friends, family members, employees, or other Zoom Driver so hosts and “Co-hosting services” means the support and assistance provided by Co-hosts on a host’s behalf.
Hosting Teams Permissions
By adding a Co-host to a hosting team, you represent and warrant that each such Co-host is authorized by you to act on your behalf and bind you, consistent with the level of permission granted in the co-hosting tools. You are responsible for the permissions you set for each Co-host and the authority you grant them in using the co-hosting tools for a vehicle listing.
Obligations of hosts and Co-hosts. You are responsible for your own acts or failures to act. To the maximum extent possible under applicable law, you are responsible for the acts and failures to act of your Co-hosts when acting as service providers to you. You are responsible for complying with laws, rules, and regulations that apply to the Co-hosting services. These may require you to obtain a permit or license before providing services or may classify a Co-host as an employee of a host. In no cases, are hosts or Co-hosts employees of Zoom Drivers. You represent and warrant that you and those who work with you have all necessary permits, licenses, and/or insurance required.
Relationship of Hosts and Co-hosts
Any agreement between a host and Co-host does not create an employment, agency, or other service relationship between Zoom Drivers and any host or Co-host. A host and Co-host cannot create an agreement that conflicts with the Agreement or expands Zoom Drivers’ obligations or restricts Zoom Driver’s rights under the Agreement. Zoom Drivers has no control over your conduct and is not obligated to mediate disputes between hosts and Co-hosts or among Co-hosts. Any liability arising from or related to any agreement between hosts and Co-hosts is disclaimed by Zoom Drivers to the maximum extent permitted by law.
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Termination of Co-hosting Services; Effect
Hosts may remove any Co-host from a hosting team at any time. Co-hosts may remove themselves from a hosting team at any time. Zoom Drivers may remove any Co-host from a host team or terminate access to the Co-hosting services if you fail to deliver to Zoom Drivers, on request, up to date mandatory documentation relating to your relationship with Co-hosts, including social security or tax declarations. Upon removal of a Co-host, you remain responsible for all actions performed by the Co-host prior to removal.
Reporting Vehicle Damage
If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Zoom Drivers or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Zoom Drivers is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Zoom Drivers or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
Missing Vehicles
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Zoom Drivers representative and follow his or her instructions, including cooperating with Zoom Drivers, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Zoom Drivers to file a police report, you must do so within 24 hours of receiving those instructions.
Not a Rental Car Company; no Vehicle Leasing
Zoom Drivers is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Zoom Drivers also is not providing short- or long-term vehicle leases. Zoom Drivers provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Rounding off; Currency
Zoom Drivers may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, vehicle location, and/or host location.
Contact us
Zoom Drivers can be contacted in the United States at 111 Sutter Street, San Francisco, CA 94104. If you have any questions for us concerning the Agreement, or Zoom Drivers generally, please contact us at Zoom Drivers help.
Translations
Where Zoom Drivers has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
General
Zoom Drivers does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Zoom Drivers and Zoom Drivers will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Zoom Drivers concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Zoom Drivers. You will remain responsible for your obligations hereunder in any event. A Zoom Drivers director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.
