Terms and Conditions
Last updated: February 21, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.quicktoo.com website and the Quicktoo mobile application (together, or individually, the “Service”) operated by Quicktoo.com, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
1) Binding Arbitration Agreement
YOU AND Quicktoo MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Quicktoo ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Quicktoo, including our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Quicktoo’s Drivers, including but not limited to background check providers and payment processors; and such Drivers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Quicktoo. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Quicktoo Platform, the Services, any other goods or services made available through the Quicktoo Platform, your relationship with Quicktoo, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Quicktoo’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Quicktoo, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, and all other federal and state statutory and common law claims. All disputes concerning the arbitration of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Quicktoo ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(a) Prohibition of Class Actions
You understand and agree that you and Quicktoo may each bring claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“class action waiver”). You understand and agree that you and Quicktoo both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(b) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules are available at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. In no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Quicktoo will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Clients or Drivers, but is bound by rulings in prior arbitrations involving the same Client or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(c) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
- If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (g) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Quicktoo agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Quicktoo, Quicktoo will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
- If Quicktoo initiates arbitration under this Arbitration Agreement, Quicktoo will pay all AAA filing and arbitration fees.
- Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(d) Location and Manner of Arbitration.
Unless you and Quicktoo agree otherwise, any arbitration hearings between Quicktoo and a Client will take place in the County of Bristol Commonwealth of Massachusetts, and any arbitration hearings between Quicktoo and a Driver will take place in the county in which the Driver provides a majority of their Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Quicktoo agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
(e) Exceptions to Arbitration.
You and Quicktoo each retain the right to bring an individual action in small claims court and the right to seek injunctive or other relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright, trademarks or other intellectual property rights
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from the Terms; (2) severance of the unenforceable or unlawful provision shall have no impact on the remainder of the Arbitration Agreement or the parties ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.
(g) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Quicktoo may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Quicktoo. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
2) Quicktoo Platform
The Quicktoo Platform comprises of mobile applications (IOS, Android) which enables “Clients” to schedule an appointment to have their vehicle picked up by vetted Drivers, drive the Clients vehicle to service locations, have it serviced and deliver the vehicle back to the Client, for most of your Routine Vehicle Maintenance needs. Each person may only create one Client or Driver account, and Quicktoo reserves the right to shut down any additional accounts. As a Client, you authorize Quicktoo to match you with a Driver based on factors such as your pick-up location, the selected time to pickup, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the service provided by Drivers to Clients that are matched through the Platform shall be referred to collectively as the “Service(s)”. Any decision by a Client to offer or accept Services is a decision made in such Client’s sole discretion. Each Service provided by the Driver to a Client shall constitute a separate agreement between such persons.
3) Client Eligibility
There are several types of charges.
- Variable Charge – Variable charge consist of a base charge and incremental charges based on the duration (time) of your service.
- Quoted Charge – In some cases Quicktoo will have a quoted charge for certain services (e.g. Quickie, a single refueling service)
- Vehicle Maintenance Charges – the actual maintenance charges (time, material and appropriate taxes) occurred (e.g. oil change, inspection fees, etc.) at the service location.
Fees and Other Charges
- Booking Fee – You will be charged a Quicktoo “Booking Fee” for each Service Request completed.
- Cancellation/Not Present Charge – After requesting a service you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a service.
- Other Charges – In addition, where required by law Quicktoo will collect applicable taxes.
Tips/Gratuities – Following a service, you may elect to tip your Driver in cash or through the Quicktoo application. Any tips, gratuities will be provided entirely (100%) to the applicable Driver.
- Facilitation of Charges. – All Charges are facilitated through a third-party payment processing service. Quicktoo may replace its third-party payment processing services without notice to you. Charges shall only be made through the Quicktoo Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Quicktoo satisfies your payment obligation for your use of the Quicktoo 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 Quicktoo Platform, any disruption to the Quicktoo Platform or Services, or any other reason whatsoever.
- Credit Card Authorization. Upon addition of a new payment method or each service request, Quicktoo may seek authorization of your selected payment method to verify the payment method, ensure the service 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.
- If you are a Driver, the payment period for your provision of services begins on Sunday at 12:00 a.m. midnight and ends at 11:59 p.m. on the following Saturday evening. All payments will be paid on the Wednesday following the end of the payment period no later than 3:00 p.m. All Charges and payments will be enabled by Quicktoo using the preferred payment method designated in your Account.
- If your primary Account payment method is determined to be expired, invalid or otherwise not able to be credited or charged, you agree that Quicktoo may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Quicktoo. Payments to the Driver may come from Quicktoo or a third party processor.
- You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Quicktoo will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Service. Charges will be inclusive of applicable taxes where required by law.
- As between you and Quicktoo, Quicktoo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Quicktoo’s sole discretion. Quicktoo will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Quicktoo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on the Driver’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Quicktoo may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with a Driver or other third parties.
- You understand and agree that, while you are free to provide additional payment as a gratuity to any Driver who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Quicktoo and/or Drivers may include but are not limited to: operational communications concerning your User account or use of the Quicktoo Platform or Services, updates concerning new and existing features on the Quicktoo Platform, communications concerning promotions run by us or our third-party partners, and news concerning Quicktoo and industry developments. Standard text messaging charges applied by your cell phone carrier may apply to text messages we send.
- Clients – users who request and/or receive services
- Driver: users who provide individual service
- A) Information You Provide Quicktoo
- Registration Information. When you sign up for a Quicktoo account, you will be asked your name, email address, create your password and phone number. If you decide to sign up for Quicktoo using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
Payment Method. When you add a credit card or payment method to your Quicktoo account, a third party chosen by Quicktoo will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Driver Application Information. If you decide to join as a Quicktoo Driver, in addition to the basic registration information we ask you for your date of birth, residential address, personal photo, Social Security number, Driver license information including a photo and vehicle information. Quicktoo will run a background check with a third party to make sure you comply with local, state and federal regulations as well as for insurance purposes.
Payment Information. To make sure a Driver get paid, we keep information about Driver bank routing numbers, tax information, and any other payment information provided by Driver.
B) Information We Collect When You Use the Quicktoo Platform
Location Information. Quicktoo is all about connecting Drivers and Clients. To do this, we need to know where you are. When you open Quicktoo on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” and “other” we receive that information, too.
The vehicle Pick Up location information is necessary for matching Clients with Drivers. In addition, Driver location information is shared with the Client once the Driver indicates they Are “Leaving Now”. If you give us permission through your device settings or Quicktoo app, we may collect your location while the app is off to identify promotions at “Preferred Service Locations” service promotions in your area.
Device Information. Quicktoo receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier? We may collect mobile sensor data from Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information. To help us understand how you use the Quicktoo Platform and to help us improve it, we automatically receive information about your interactions with the Quicktoo Platform, like the pages or other content you view, your actions within the Quicktoo app, and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Clients and Drivers who have been connected for service. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Quicktoo Platform, such as those between Clients and Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Quicktoo to monitor and/or record your call.U
User Feedback. At Quicktoo, we want to make sure Clients are always enjoying great service. Clients and Drivers may rate and review each other at the end of every. We receive information about ratings and reviews and, as explained below, give Clients information about Drivers ratings and reviews and vice versa.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Quicktoo Platform and interact with Quicktoo advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Quicktoo Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Quicktoo Platform.
C) Information We Collect from Third Parties
Third Party Services. If you choose to register for Quicktoo or otherwise link your Quicktoo account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
Background Information on Drivers. Quicktoo works with third party partners to perform driving record and criminal background checks on Drivers to make sure you comply with local, state and federal regulations as well as for insurance purposes, and we receive information from them such as publicly available information about a Driver driving record or criminal history.
How We Use the Information We Collect
We use the information we collect from all Users to:
- Connect Clients with Drivers;
- Provide, improve, expand, and promote the Quicktoo Platform;
- Analyze how the Quicktoo Clients uses the Quicktoo Platform;
- Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
- Personalize the Quicktoo experience for you and your friends and contacts;
- Send you text messages and push notifications;Facilitate transactions and payments;
- Provide you with customer support;
- Find and reduce fraud; and
- Respond to trust and safety issues that may arise, including auto incidents, disputes between Clients and Drivers, and requests from government authorities.
Additionally, we use the information we collect from Drivers for the following purposes related to driving on the Quicktoo Platform:
- Sending emails and text messages to Drivers who have started the Driver application process regarding the status of their application;
- Determining a Driver’s eligibility to drive for Quicktoo
- Notifying Drivers about service updates; and
How We Share the Information We Collect
A. Sharing Between Users
Sharing between Clients and Drivers. Clients and Drivers that have been matched for a service are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Clients and Drivers who connect their Quicktoo accounts to Facebook will also be able to see their mutual Facebook friends during the service. Drivers see the pick-up location that the Client has provided. Clients see a Driver’s vehicle information and real-time location as the Driver approaches the pick-up location. Clients’ ratings of Driver are shared with Drivers as received. We de-identify the ratings and feedback, but we can’t rule out that a Driver may be able to identify the Client that provided the rating or feedback.
Although we help Clients and Drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Client or Driver, including sharing actual contact information with your permission.
B. Sharing Between Quicktoo and Third Parties
API and Integration Partners. If you connect to the Quicktoo Platform through an integration with a third party service, we may share information about your use of the Quicktoo Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Drivers. We work with third party Drivers to perform services on our behalf, and we may share your information with such Drivers to help us deliver the Quicktoo Platform.
Other Sharing. We may share your information with third parties in the following cases:
- While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
- If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the Quicktoo community, Quicktoo, or the public.
- To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
- If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
- With our insurance partners to help determine and provide relevant coverage;
- To provide information about the use of the Quicktoo Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
- Whenever you consent to the sharing.
Your Choices – Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Quicktoo Platform.
As part of your account, Quicktoo provides you with a Quicktoo “Referral Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Client”) to become new Quicktoo Client (“Referred Client”) or Driver (“Referred Driver”). Quicktoo Referral Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Quicktoo Referral Code. You are prohibited from advertising Quicktoo Referral Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. Quicktoo reserves the right to deactivate or invalidate any Quicktoo Referral Code at any time in Quicktoo’s discretion.
From time to time, Quicktoo may offer you with incentives to refer your friends and family to become new Users of the Quicktoo Platform (the “Referral Code Program”). These incentives may come in the form of Quicktoo Credits, and Quicktoo may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Quicktoo Codes and participation in the Referral Program is subject to this Agreement.
9) Restrictive Activities
With respect to your use of the Quicktoo Platform 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 Quicktoo Platform or the servers or networks connected to the Quicktoo Platform;
- Post Information or interact on the Quicktoo Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- Use the Quicktoo Platform 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;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Quicktoo Platform;
- “Frame” or “mirror” any part of the Quicktoo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Quicktoo Platform or any software used on or for the Quicktoo Platform;
- Rent, lease, lend, sell, redistribute, license or sublicense the Quicktoo Platform or access to any portion of the Quicktoo Platform;
- 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 Quicktoo Platform or its contents;
- Link directly or indirectly to any other websites;
- Transfer or sell your User account, password and/or identification to any other party
- Discriminate against or harass anyone on the basis of 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.
10) Driver’s Representations
By providing Service as a Driver on the Quicktoo Platform, 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 Clients in all jurisdictions in which you provide Services.
- 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 community or third parties.
- You will only provide Services using the vehicle that has been requested by the Client, and approved by Quicktoo,.
- You will not attempt to defraud Quicktoo or Clients on the Quicktoo Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments or other payments until the suspected fraudulent activity matter has been resolved.
- 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. In addition, you agree to provide any further necessary authorization 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 a vehicle
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12) Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
13) DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
* a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
* identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
14) Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Quicktoo.com, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Quicktoo.com, Inc.
15) Website Links
Our Service may contain links to third party web sites or services that are not owned or controlled by Quicktoo.com, Inc. Quicktoo.com, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Quicktoo.com, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Quicktoo.com, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
18) Limitation of Liability
In no event shall Quicktoo.com, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
19) Product Specifications
Quicktoo.com, Inc. will adhere to all manufacturer recommendations in regards to specifications for parts and lubricants including oil. In the event the Client requests to use parts and/or lubricants other than the type recommended by the manufacturer, the Client accepts all responsibility for the use of those parts and lubricants.
20) No Employment/Agent/Broker/Relationship
Quicktoo is not an employment service and does not serve as an employer of any users of the Quicktoo service. Quicktoo is not liable for any tax or withholding, including, but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the Quicktoo service. No brokerage, agency, partnership, joint venture, employer-employee relationship is intended or created by the use of the Quicktoo service. Without limiting the foregoing, except as expressly set forth herein, Quicktoo is not acting and does not act as an agent or broker for any Clients or Drivers or Preferred Service Locations or any other user of the Quicktoo service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Quicktoo.com, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Quicktoo does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Quicktoo is not liable for any lost or stolen items left behind in the Client vehicle.
Quicktoo conducts background checks including criminal and motor vehicle background checks along with a review of other relevant background information on its Providers. Further, only Drivers who successfully complete Quicktoo’s screening process, as determined in Quicktoo’s discretion, will provide service. Quicktoo endeavors to ensure positive interactions between Clients and Drivers, and works hard to ensure an optimal, comfortable and safe experience; however, Drivers are human beings, and no one is perfect. Quicktoo makes no warranty in connection with and/or arising from, Driver’s provision of Services, any acts, action, behavior, conduct, and/or negligence on the part of the Driver. Furthermore, Quicktoo makes no warranty regarding the services performed on the Client’s vehicle.
Quicktoo will provide limited liability insurance covering Clients and Drivers during the performance of the Services. Quicktoo provides excess automobile liability insurance up to $1,000,000 per occurrence. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions may apply.
23) Vehicle Damage
Quicktoo is fully insured. Quicktoo carries $1,000,000 in general liability insurance per claim/$2,000,000 Aggregate. We also carry $120,000 (Auto direct/Primary) Garage Keepers Liability Insurance. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions may apply. Quicktoo is not liable for any lost or stolen items left behind in your vehicle. Quicktoo accepts no responsibility for any damage that occurs to your vehicle while at the service location.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
25) Governing Law
These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
27) Contact Us
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.