These Terms and Conditions (“T&C“) set forth the terms and conditions Roadie, Inc., a Georgia corporation (“Roadie” or “Roadie, Inc.“) requires you to abide by if you want to use or receive any services supplied by Roadie (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Roadie, Inc. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at http://www.roadie.com or through our Services. Upon such using or receiving our Services or Applications you become a “User” of Roadie’s Services and Applications, whether as a “Driver” or a “Sender“, as further described to as such herein.
In addition to the T&C set forth herein, both Drivers and Senders are subject to and must abide by the Roadie Drivers Agreement found here and the Roadie Senders Agreement found here. The Drivers and Senders Agreements are incorporated into these T&C and made a part hereof by this reference.
Roadie, Inc. reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or Applications at any time, effective upon posting of an updated version of the T&C on our website roadie.com, the Services or Applications. You are responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or Applications after any updates shall constitute your consent to such all changes to the T&C contained in such update.
ROADIE, INC. DOES NOT PROVIDE TRANSPORTATION SERVICES, WE ARE NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF OUR APPLICATIONS OR SERVICES. ROADIE, INC. OFFERS INFORMATION AND A METHOD TO OBTAIN THE PICK-UP, CARRY AND DELIVERY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. ROADIE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR APPLICATIONS OR SERVICES OR FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE TRANSACTION.
Our Services Unite Drivers and Senders
Our Applications and Services make possible a connection between those individuals and/or businesses that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Senders“) and those individuals and/or businesses seeking to perform the pick-up, carrying and delivery services requested by a Sender (“Drivers“). The performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Gig.” Drivers and Senders together are referred to as “Users“.
Driver and Sender Screening
ROADIE, INC. DOES NOT CONDUCT SCREENING OR BACKGROUND CHECKS OF ANY USER FOR THE PURPOSES OF ALLOWING THEM TO USE OUR APPLICATIONS OR SERVICES, ALTHOUGH ROADIE AT ALL TIMES RESERVES THE RIGHT TO DO SO. NONETHELESS, ALL INTERACTIONS BETWEEN USERS ARE AT THE USER’S RISK WHETHER OR NOT ROADIE CONDUCTS A BACKGROUND CHECKS.
Roadie, Inc. does not conduct any background checks or screening processes either before a User can register for our Services or during use of our Services. We do not investigate or verify any User’s reputation, conduct, morality, criminal background, or any information Users may submit to us.
Notwithstanding the above, Roadie, Inc. reserves the right to begin conducting such checks and screening of Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities, criminal and other background checks (at the Country, State and local level as we deem necessary or appropriate). Roadie, Inc. also reserves all rights to use such third party services to run such checks and processes as we deem appropriate in our sole discretion. By registering and using the Services or the Applications, each User consents to Roadie, Inc. conducting one or multiple screening process(es) and/or background check(s) on such User or other Users that Roadie, Inc. deems advisable or necessary, and as otherwise may be required for compliance with federal and state laws and the Fair Credit Reporting Act.
If Roadie, Inc. conducts background checks or screening processes on its Users, Roadie, Inc.’s performance of the checks shall not be taken as confirmation that any User is who they claim to be. Roadie has no responsibility for the accuracy or reliability of the identity or background check information or any information regarding a User provided through our Services or Applications.
Any screening process is not a substitute for your good judgment when interacting with other Users. At all times during the use of our Services and Applications you must exercise caution and use your common sense.
Restrictions on Gig Contents
Roadie Prohibited Items
All Senders are prohibited from including in any Gig, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Gig containing the following items:
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount (see below)*
- Common fireworks;
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons;
- Any “Hazardous Material” (see below)** not including those Hazardous Materials in small or excepted quantities as defined in 49 C.F.R.;
- Any Hazardous Waste, defined as a solid waste that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3 (whether or not in small or excepted quantities);
- Any animal (1) not included on the “Roadie Accepted Live Animal List”, including without limitation those on the “Roadie Prohibited Animal List”; or (2) not packaged in accordance with the applicable rules below, or (3) that is sick, injured or aggressive to people or other animals;
- Any prescription or over the counter medicine that has not been paid for and is being delivered to a person other than the purchaser or the prescription holder;
- Anything illegal including, without limitation, recreational drugs and other contraband;
- Marijuana, as that term is defined by 21 U.S.C. § 802(16), including marijuana intended for medicinal use;
- Coins, currency, postage stamps, negotiable instruments, money orders;
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals; or
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
* Airline Baggage Deliveries
Gigs originating from airports may contain firearms, weapons, firearm parts, weapon parts, or ammunition that were checked in airline baggage complying with all TSA regulations for the transport on airplanes of the same. Drivers are not prohibited from delivering such Gigs. In all Gigs containing firearms, weapons, firearm parts, weapon parts, or ammunition the Driver should check to ensure that the firearms, weapons, firearm parts, weapon parts, or ammunition are contained in a locked container and the container should be placed in the trunk of the vehicle for the duration of the Gig. For other rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please click on the following links:
** Hazardous Materials
All Users must be aware that these T&C, and both the Roadie Driver’s Agreement and the Roadie Sender’s Agreement forbid the transportation of hazardous materials (“HAZMAT”). A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂). All Users are encouraged to see complete listings or tables of HAZMATs by clicking on the following links:
Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAT. The penalties apply whether the transportation is by vehicle, vessel, aircraft or rail. Please see specific information on civil penalties at:
Among the reasons for these regulations are the protection, safety and security of vehicles, vessels, aircraft and railways. Because HAZMAT is dangerous, it must be properly packaged, labeled, marked, identified and certified; it must include in the shipping papers emergency response information to assist crash, fire and rescue personnel in the event of an accident or incident; there must be provided an emergency contact telephone number in the shipping papers that must satisfy legal requirements; and there are a myriad of other things people offering for transport or transporting HAZMAT must satisfy to avoid paying massive fines. Please see:
ROADIE HAS AND TAKES NO RESPONSIBILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG OR
THE TRANSPORT OF ANY PROHIBITED ITEMS IN ANY GIG
It is every Driver’s and Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Gig and all items contained in a Gig, including without limitation those laws prohibiting the transportation or shipment of certain items (including Hazardous Materials and contraband), restricting the amounts of certain items that can be shipped, and age restrictions. Roadie, Inc. has no liability or responsibility if a Driver or Sender fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any items contained in a Gig or during the performance of the Gig.
Any Driver discovering a Roadie Prohibited Item in a Gig shall immediately notify Roadie, Inc. at firstname.lastname@example.org for further direction. Roadie is not responsible for the contents or loss of any Roadie Prohibited Item. Roadie, Inc. reserves the right to dispose of any Roadie Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Roadie Prohibited Item, including delivery to the proper authorities.
Roadie Special Items
The following items may be included in a Gig only if a Sender fully discloses each such item to the Driver and the Driver specifically agrees to accept each such item, prior to the Driver accepting such Gig:
- Heavy haul, oversize or overweight items (including, item(s) collectively weighing 300 lbs. or over);
- Prescription drugs and medicines (excluding medical marijuana); must be delivered to the prescription holder;
- Checks, Phone Cards, Tickets, Credit Cards, Gift Cards, and Similar Cards;
- Media, i.e. documents, film, photographs (including negatives), slides, transparencies, videotapes, compact discs, laser discs, computer tapes, and media of similar nature;
- Perishable items;
- Live Animals listed in the “Roadie Accepted Live Animal List” and packaged in accordance with the applicable rules; and
- Heirlooms, one-of-a-kind and like items.
Roadie Accepted Live Animals
This is a comprehensive list of live animals that may be accepted for a Gig. Senders are prohibited from sending any animal not listed here, and all other live animals may not be sent. The following live animals may be accepted by a Driver unless poisonous, venomous, threatened, endangered and/or listed on the Roadie Prohibited Animals list below.
- Dogs, puppies, cats, kittens, guinea pigs, hamsters, mice, rabbits, rats, squirrels and flying squirrels, if a household pet and if not excluded in the Prohibited Animal List
- Amphibians (All): Examples: frogs, salamanders, toads, provided, they are non-poisonous
- Crustaceans (All): Examples: crabs, crawfish, lobsters, shrimp
- Fish (All)
- Insects (limited to beneficial insects only): Examples: bees, butterflies, crickets, lady bugs
- Mollusks (All): Examples: clams, mussels, snails
- Lizards: Examples: such as chameleons, geckos, iguanas, monitors, flying dragons
- Turtles (Limited to the following): freshwater turtles (except snapping turtles), land tortoises, sea turtles
- Worms (All)
Roadie Prohibited Animals
Live Animals that are prohibited from being sent and may not be accepted for a Gig include, but are not limited to:
- Any poisonous, venomous or threatening animal
- Arachnids (All): Examples: mites, scorpions, spiders, ticks
- Birds (All)
- Crocodiles (All): Examples: alligators, caimans, gavials
- Obnoxious Insects: Examples: flies, locusts, mosquitoes, roaches, termites, weevils
- Snakes (All): venomous and non-venomous
- Any live animal that is an Endangered Species
- Any injurious animal, the importation or interstate shipment of which is prohibited under 18 U.S.C. 42.
- Any plant pest, the movement of which is prohibited under section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc).
- Any fish or wildlife, the conveyance of which is prohibited under section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372).
Packaging and Open Box Policy
Roadie encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Roadie supports and strongly encourages its Drivers and Senders to always use an Open Box Policy.
Roadie’s Open Box Policy means Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Gig. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Gig.
DON’T CARRY A PACKAGED ITEM UNLESS YOU KNOW WHAT IS INSIDE!
It is a Driver’s responsibility to know the contents of all items in the Gig being carried. Roadie isn’t there when you accept the Gig and we can’t confirm that the items are the same as pictured in our App – only you can. All of our Drivers are strongly encouraged to visually inspect all items packaged in a Gig before leaving. A Driver is NEVER under an obligation to take or bring anything that hasn’t been inspected and can always cancel the Gig without penalty if the Sender does not allow you to inspect or gives you a hard time about asking to inspect.
Even if you inspect a Gig, IF YOU STILL FEEL UNCOMFORTABLE CARRYING IT, you can cancel without penalty.
No Driver should ever feel obligated to carry any Gig. It is a Driver’s right to say no!
Packaging Roadie Special Items
Even though we love for your cargo to go commando, Roadie, Inc. is not liable for loss or damage to any Gig containing a Roadie Special Item if it is not properly packed to withstand transport and to ensure the safety and integrity of the item and in compliance with all applicable laws.
Perishable Items and Heirlooms
Gigs containing perishable items, heirlooms and one-of-a-kind items must be prepared and packed to provide for the preservation and safety of all such items during a Gig. All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. Roadie cannot know what packaging is necessary for any item you send. Please use your common sense when packaging any perishable items, heirlooms and one-of-a-kind items; Roadie Inc. has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
Senders are fully and solely responsible for choosing a Driver that can deliver perishable items in a timely manner based on the characteristics of the item, meaning that the perishable item will not spoil, degrade or otherwise be damaged in a manner unsatisfactory to the Sender during the Gig (within the time set for delivery by the Sender). If a Driver or Sender has any concern that a perishable item will spoil, degrade or otherwise be damaged during a Gig, please do not initiate or accept the Gig. Gigs containing perishable items must be able to be delivered within a time frame sufficient to preserve the item during the Gig.
All Senders should take special care when choosing a Driver for any Gig containing a perishable item as all Gigs containing perishable items are accepted solely at the Sender’s risk for any damage or loss during the Gig arising from the perishable nature of the item, unless due to the Driver’s misconduct, negligence or failure to accomplish the Gig in the timeframe set forth by the Sender.
Packaging of Live Animals
All live animals contained in a Package must be in a cage or box that is adequate enough to contain the animal, including taking into account likely bursting and crushing. Packages containing animals requiring moisture during the Gig must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the animal, taking into consideration the necessary humane care for the animal during a Gig. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.
Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other items required to provide for the needs of the animal during the Gig. All Senders must provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing an animal.
Drivers MUST transport ALL animals INSIDE an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any animal be transported in the trunk or trunk bed of any vehicle. Drivers are required to provide the animal food and water at regular intervals, and regular stops to allow the animal to relieve itself and otherwise as needed for the animal(s) in the Gig. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Gig.
Roadie Protection Plan
Roadie wants you to feel confident that your Gig is in good hands. The Roadie Protection Plan will reimburse Sender for loss or damage arising from theft or property damage to our Senders’ items of personal property during a Gig and arising directly from a Driver’s negligence, up to a maximum of $500.00 per Gig.
Additionally, a Sender has the option to purchase Additional Protection for higher value Gigs, up to $10,00.00 per Gig. Additional Protection costs $5.00 for every additional $500.00 in Additional Protection above $500.00. Any Additional Protection must be purchased at the time the Gig is arranged. No Additional Protection can or will be added once the Gig is accepted.
To qualify for the Roadie Protection Plan, the Sender must declare the value of all items in the Gig and comply with Roadie, Inc.’s other requirements when initiating the Gig in the App, including taking a picture of all items included in a Gig. The Sender must complete a claim form and provide to Roadie, Inc. both any packaging used by the Sender, proof of value, for all items in the claim, and where applicable, a satisfactory police report. The complete procedure needed to file a claim can be found at support.roadie.com.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR GIG OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH GIG, ROADIE’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE IS $500.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.
Terms and Conditions to the Roadie Protection Plan
Roadie’s Protection Plan is being offered to you solely in order to effectuate the sending of your Gig. Roadie’s Protection Plan provides you with the opportunity to protect your Gig under Roadie, Inc.’s parcel insurance. The Roadie Protection Plan is not intended to provide insurance to you, and you are neither an insured nor an additional insured under Roadie, Inc.’s parcel insurance.
A Sender’s election to add Additional Protection for a Gig is entirely optional. You have the option of obtaining other additional protection from an alternative source or none at all.
If you opt to add Additional Protection a Gig to Roadie Inc.’s parcel insurance under the Roadie Protection Plan, the cost will be $5.00 for every additional $500.00 in Additional Protection above $500.00, as specified in these T&C. This cost does not include any cost mark-up by Roadie Inc.
Whether or not you purchase Additional Protection, the declared value for any Gig is not insurance coverage by Roadie, Inc. but represents Roadie, Inc.’s maximum obligation to you for loss and/or damage to all items collectively contained within a Gig (not including for Roadie Special Items as further described below). Unless you purchase Additional Protection, Roadie, Inc. will not reimburse you for loss and/or damage in excess of $500.00 for any single Gig, no matter how many items are included in the Gig and no matter the actual value for any items contained in the Gig. Senders arranging Gigs containing items with a total value exceeding $500.00 are encouraged to purchase Additional Protection and if such a Sender does not purchase Additional Protection, they do so at their own risk.
If a Sender elects to take advantage of the opportunity to add Additional Protection under Roadie’s Protection Plan, any claims against or disputes with any person or entity arising out of that election MUST be pursued in arbitration, not in any court proceeding, and MUST be pursued on an individual basis only, not in any form of class or representative action, whether in arbitration or in court. Please see the Dispute Resolution provisions of these Terms & Conditions for the complete terms and conditions regarding individual binding arbitration.
Roadie Special Items
The Roadie Protection Plan applies to Roadie Special Items differently. If your Gig contains Roadie Special Items, Roadie, Inc.’s maximum obligation to you for loss and/or damage to any Special Items in that Gig is further limited as described below. Roadie, Inc. will not reimburse any Sender for any Roadie Special Item in excess of Roadie’s maximum limit set forth below for such Roadie Special Item, no matter its actual value and no matter whether Additional Protection under the Roadie Protection Plan has been purchased. Senders sending Roadie Special Items with values exceeding Roadie’s maximum coverage do so at their own risk.
Notwithstanding your purchase of Additional Protection under the Roadie Protection Plan, Roadie, Inc. is not liable for loss and/or damage to any Gig containing Roadie Special Items if they are not properly packed to withstand transport.
Senders sending Roadie Special Items that are not properly packaged do so at their own risk.
Roadie, Inc.’s obligations under its Protection Plan for certain Special Items is also limited based on the nature of the item:
- Checks: If a Gig containing a check or checks is lost or damaged, Roadie, Inc. will not pay for the face value of the check(s), and Roadie, Inc.’s liability for any Gig containing a check or checks is limited to the cost of stopping payment on and reissuing the check(s).Reimbursement not to exceed $100 per Gig.
- Phone Cards, Tickets, Gift Cards, and Similar Cards: Roadie’s liability for a Gig containing phone card(s), ticket(s) (such as event or airplane ticket), gift certificate(s), gift card(s), coupon(s), or other similar printed matter with an exchange value is limited to the cost of replacing the physical card(s), certificate(s), or printed matter. As with checks, Roadie, Inc. is not liable for the face value of any phone card, gift certificate, gift card, coupon, or similar printed matter. Reimbursement not to exceed $100 per Gig.
- Animals: Sender must provide proof of actual value of the animal in the form of an invoice or sales receipt or value of a “like” item that can be verified. Roadie, Inc. cannot and will not reimburse for any emotional damages related to the loss of an animal’s life or any other direct or indirect damages related thereto, as such a value is indeterminable. Reimbursement up to limits of Additional Protection chosen by Sender.
- Perishable Items: Perishable items are covered under the Roadie Protection Plan, unless the loss or damage of a perishable item is directly or indirectly due to the packaging of the item or any spoiling or degradation of the item (unless the spoiling is due to the Driver’s misconduct, negligence or failure to accomplish Gig within the time set forth in the request).Reimbursement not to exceed $500 per Gig..
- Media: Roadie, Inc.’s liability for loss or damage to a Gig containing documents, film, photographs (including negatives), slides, transparencies, videotapes, compact discs, laser discs, computer tapes, and media of similar nature is limited to the replacement cost of the media on which the content is recorded. Reimbursement up to limits of Additional Protection chosen by Sender.
- Heirlooms, Antiques, One-of-a-Kind etc.: Sender must provide proof of actual value. This proof may come in the form of an invoice, sales receipt, appraisal, or value of a “like” item that can be verified. Roadie, Inc. cannot and will not reimburse for “sentimental value” or any other direct or indirect damages related thereto, as such a value is indeterminable. Reimbursement up to limits of Additional Protection chosen by Sender.
Proof of Value and Packaging
A Sender must prove the value of the item in the Gig subject to the claim, regardless of the value declared or the amount of additional protection purchased. Roadie, Inc. will not pay on a claim, without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim. Additionally, a Sender must provide all packaging, if any, used in the packing of the items subject to the claim and/or the item(s) themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item or Gig, Sender must also provide a satisfactory police report with respect to the lost item or Gig when submitting a claim.
Repair or replacement is defined as (i) the lower of the purchase price paid for the item that is the subject of the claim or the replacement cost of the item at the time and place of loss or damage; or (ii) the cost of repairing the damaged item. You must provide a third-party repair quote/evaluation from a qualified repair facility. If the third-party deems the merchandise as un-repairable, the actual or replacement value will be paid up to Roadie, Inc.’s maximum liability under the Roadie Protection Plan. You must submit all repair quotes as part of the claims process and while Roadie, Inc. may pay the cost of repair, it is the Sender’s responsibility to have the item repaired.
In the event of loss or damage to a pair or set of items, Roadie, Inc.’s liability is limited to the value of that part of the pair or set that is lost or damaged, and Roadie, Inc. shall not be liable for the value of the whole pair or set. In the event of loss or damage to any part of an item (including any part of a machine) that, when complete for sale or use, consists of several parts, Roadie, Inc. shall be liable only for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event shall Roadie, Inc. be liable for the value of the complete item.
Filing a Claim
If you believe any item contained in your Gig is lost or damaged, follow these steps to begin the claims process. It is important to note that only the Sender may file a claim; the recipient of the Gig cannot file a claim. A recipient who believes an item contained in a Gig has been lost or damaged should contact the Sender to begin the claims process.
- In the case of a damaged item, follow the Damaged Gig Claim Process at roadie.com. In the case of damage, keep all of the packaging materials, as they may need to be examined as part of the claims process.
- In the case of a lost item, follow the Lost Gig Claim Process at roadie.com.
- Please note that, in the case of either Lost or Damaged Gig Claims, Sender should keep receipts for all items in a Gig.
Roadie, Inc. may use a third-party provider to manage the claims process. In cases of damage to a Roadie Special Item, Roadie (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
Roadie Not Responsible for Performance of its Drivers or its Senders
Our Services and Applications enable connections between our Users to contract for Gigs; however Roadie, Inc. has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our Services, our Applications, in public, private, or offline interactions, or otherwise. You acknowledge and agree that Roadie, Inc. does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any User, or the failure of any User to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Gig nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users. You acknowledge and agree that Roadie does not have control over, and has no responsibility for, any damage to the content(s) of a Gig.
NEITHER ROADIE, INC. NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APPLICATIONS AND ROADIE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APPLICATIONS. BY USING THE SERVICES OR APPLICATIONS YOU THEREBY RELEASE ROADIE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APPLICATIONS OR THE CONDUCT OR MISCONDUCT OF A USER.
**Roadie, Inc. does not recommend any particular Driver**
Cancelations and No-Shows
Cancelation by Senders
If a Sender needs or wants to cancel a Gig, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Gigs from other Senders. To cancel a Gig, tap Cancel on the Gig Details screen within the Roadie Application, or call Customer Support at 1-844-4-ROADIE.
What Happens When a Sender Cancels or is a No Show?
Every Sender will get one cancellation or no-show free of any charges or fees. After one cancellation or no show, Roadie, Inc. will charge a Sender $10 for each canceled Gig and/or each no-show. A Gig is deemed canceled if the Sender cancels the Gig once a Driver is already on his way to fulfill the Gig (“Cancelation“). A Sender will be considered a no-show if the Sender drop offs the Gig at the designated pick-up or drop-off location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Application, or (2) more than 30 minutes after the agreed pick-up/drop-off time, whether or not Sender has contacted the Driver (“No-Show“). If either a Sender Cancelation or No-Show occurs, a $10 cancelation fee is automatically charged to the Sender’s account.
A Sender will not be charged a cancelation fee if they cancel a Gig due to a Driver’s No-Show, or Cancelation or if they cannot contact a Driver during the performance of their Gig.
Cancelation by Drivers
If a Driver needs or wants to cancel a Gig, please cancel the Gig as soon as possible. This will notify the Sender and allow them to contact another Driver to accept the Gig. To cancel a Gig, tap Cancel on the Gig Details screen within the Roadie Application, or call Customer Support at 1-844-4-ROADIE.
What Happens When A Driver Cancels or is a No Show?
As with the Sender, a Gig is deemed canceled if the Driver cancels the Gig once accepting the Gig, provided that a Driver may cancel a Gig within 10 minutes of being selected for such Gig without penalty (“Cancelation“). A Driver will be considered a No-Show if he/she fails to arrive at the drop-off/pick-up location more than 15 minutes after the agreed pick-up time without calling, messaging or otherwise contacting the Sender through the Application, or (2) more than 30 minutes after the agreed drop-off/pick-up time, whether or not Driver has contacted the Sender (“No-Show“).
A Driver will not be charged a fee if they cancel a Gig due to a Sender’s No-Show or if they cannot accept the Gig due to restrictions in these T&C or other restrictions under applicable law.
Actions Leading to Suspension and/or Deactivation and/or Permanent Termination of Accounts
ALL ROADIE ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN ROADIE’S SOLE DISCRETION,
WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU
Cancelations and No Shows
Roadie, Inc. may suspend or deactivate your account upon your 3rd Cancelation or No Show.
Roadie, Inc. may suspend or deactivate your account if your overall rating falls below 4-stars.
Roadie Protection Plan Claims
Roadie, Inc. may suspend or deactivate the account of a Driver or Sender if the Driver or Sender is the subject of 2 or more claims under the Roadie Protection Plan.
Loss of Items
Roadie, Inc. may suspend or deactivate the account of a Driver if the Driver completes 2 or more Gigs with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Gig.
Fraudulent Activity, Shipments of Prohibited Items, Repeat Infringers
Roadie, Inc. may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Gig.
Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these T&C or any of our other terms or policies.
Roadie, Inc. reserves the right to terminate any User’s account that has been inactive for 180 days.
WITHOUT LIMITING ANY OTHER REMEDIES, ROADIE, INC. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNTS OR ACCESS TO ROADIE, INC. SERVICES, APPLICATIONS OR ANY PORTION THEREOF, OR WITHHOLD ANY GIG PAYMENT, IF YOU ARE, OR ROADIE, INC. SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE T&C, ANY OF OUR RULES OF THE ROAD OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATIONS, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF, AND ROADIE, INC. IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APPLICATIONS OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
Roadie, Inc., may reactivate any Driver or Sender account suspended or deactivated by Roadie, Inc. in its sole discretion.
Withholding Gig Payments to Drivers
Roadie, Inc., in its sole discretion, may place a hold on a Driver’s Gig Payment (as defined below) if Roadie, Inc. has any suspicion or reason to believe that a Driver or Sender has breached these T&C, including, without limitation by (1) sending or accepting items on the prohibited item list; (2) establishing an account with Roadie, Inc. or entering into a Gig with the purpose of defrauding Roadie, Inc. or any other party; (3) using a stolen credit card or any other false information to establish an account with Roadie, Inc. or pay for a Gig; or (4) otherwise engaging in any questionable or fraudulent activity with respect to the Roadie, Inc. Services or Applications.
Release of Hold and Payment
Roadie, Inc., may release the Gig Payment to a Driver upon establishing the validity of the accounts and Gigs under suspicion, in its sole discretion.
Billing and Payment
Users of our Services and Applications make their contracts directly with other Users. Roadie is not and will not be a party to any contracts between Users.
Users of our Services and Applications will be required to provide their credit card or bank account details to Roadie, Inc. and the Payment Service Provider retained by Roadie, Inc. (the “PSP”).
Senders will be responsible for paying the invoice for each Gig contracted for (the “Invoice”), which will include the pricing terms of the Gig as agreed with and provided by a Driver, any out of pocket expenses agreed with and submitted by a Driver in connection with the Gig, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Roadie, Inc. assesses for use of its Services and Applications (combined, the “Gig Payment”). Any fees that Roadie, Inc. may charge a Driver or Sender for their use of the Applications or Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Applications or Services either planned, accidental or intentional, or any reason whatsoever. Roadie, Inc. reserves the right to determine final prevailing pricing and the pricing information published on the Roadie, Inc. website may not reflect the current pricing.
Roadie, Inc., at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made directly to you, shall have no bearing whatsoever on your offer or contract. Roadie, Inc. may change the fees for our Services and/or Applications, as we deem appropriate. We encourage all of our Users to check back at our website periodically if you are interested about how we charge for the Services or Applications.
Payment Service Providers Users may be required to register with the PSP, agree to terms of service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. By accepting these Terms and Conditions, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Roadie is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement. Roadie has no obligations or liability to any User under a PSP Agreement.
Within 24 hours after a Sender receives confirmation through the Services and/or Applications that their Driver has completed the Gig, the Sender will authorize Roadie, Inc. to provide the Sender’s payment details to the PSP for processing of Gig Payment unless Roadie, Inc. determines it necessary or advisable to place a hold on such Gig Payment.
In addition to Roadie’s rights to place holds on Gig Payments in connection with breaches of these T&C and suspicion of fraudulent activity, Roadie, Inc. reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Gig Payment, or (ii) refund, provide credits or arrange for the PSP to do so. Users of our Services and Applications will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and Applications or on any Gig Payment received (other than taxes on the Roadie, Inc.’s income).
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and Applications and must agree to receive SMS messages in order to use our Services and Applications. A User can request, accept and cancel Gigs via SMS and get notifications regarding a Gig, as determined by Roadie, Inc. Message and data rates may apply.
If you change your mobile phone service provider all SMS messaging services from Roadie, Inc. may be deactivated and you will need to re-enroll in the SMS notification service. Roadie, Inc. reserves the right to cancel the notification service at any time.
User Representations, Warranties and Agreements
By using the Applications or Services, you expressly represent and warrant that you are legally entitled and have the right, authority and capacity to enter into to enter into the agreements set forth in these T&C and to fulfill its complete terms and conditions. You agree that your participation in using the Services and/or Applications is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your User account to any other person or entity. You agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Applications or Services.
You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Applications and Services. Without limiting the foregoing, the Services and Applications are not available to persons under the age of 18. By using the Applications or Services, you represent and warrant that you are at least 18 years old.
You may only access the Services using the Applications or other specifically authorized means. It is your responsibility to check to ensure you download the correct Applications for your mobile, tablet computer or similar device (“Device“).
Roadie, Inc. is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Applications for your Device. Roadie, Inc. reserves the right to terminate your use of our Services or Applications if you do so with an incompatible or unauthorized Device.
By using our Applications or Services, you agree that:
- You will only use the Applications and Services for your own use and will not resell either to a third party.
- You will only create one User account.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our Applications or Services.
- You will provide Roadie with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Roadie.
- You will not represent yourself to be an agent, representative, employee or affiliate of Roadie, Inc.
- You will only use the Services or Applications for lawful purposes and in accordance with all applicable laws and regulations.
- You will not use the Services or Applications for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third-party, including other Users;
- You will not copy, or distribute the Applications or text, graphics, images, music, software (in addition to the Applications), audio, video, information or other like materials (“Content“) without written permission from Roadie.
- You will not use our Services or Applications in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or Applications.
- You will only use an access point or 3G data account (AP) which you are authorized to use.
- You will act responsibly, exercise good judgment and take care when using our Services and interacting with Users.
- You will not infringe the rights of any third party (including Users) and including, intellectual property, privacy, publicity or contractual rights.
- You will not collect or store any information about any other User other than as permitted on through Services or Applications.
- You will not assist any third-party in any of the above.
Content License Grant, Restrictions and Copyright Policy
Licenses Granted by Roadie, Inc. to Roadie, Inc. Content and User Content
Subject to your compliance with the terms and conditions in the T&C, Roadie grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Roadie makes available through the Services or Applications, including any Content licensed from a third party (“Roadie Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or Applications, including any questions, comments, suggestions, ideas, feedback or other information about the Roadie Services or Applications (“User Content” and with Roadie Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Roadie above.
Roadie Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Applications or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roadie, Inc. or its licensors, except for the licenses and rights expressly granted in the T&C.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services or Applications, you hereby grant to Roadie a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Roadie shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Roadie claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Applications. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Roadie, Inc. full rights in such User Content, as contemplated under the T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Roadie’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Applications and Services License
Roadie owns and retains ownership in the Roadie Services and Applications, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Roadie hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or Applications on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Roadie that replace and/or supplement the Roadie Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Roadie, Inc. reserves the right to stop offering and/or supporting our Services, Applications or any particular portion or part of our Services or Applications at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Roadie, Inc. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Applications.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Applications in any way; (ii) modify or make derivative works based upon the Services or the Applications; (iii) create Internet “links” to the Services or “frame” or “mirror” any Applications on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Applications to copy any ideas, features, functions or graphics of the Services or Applications whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or Applications, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or Applications (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our Applications; (vi) attempt to gain unauthorized access to the Applications or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or Applications; or (vii) use our Services or Applications to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Roadie, Inc. has the right to fully investigate and prosecute violations of any of these T&C, including all documents and agreements referenced or incorporated herein to the fullest extent of the law. All Users hereby give Roadie full permission and authority to involve and cooperate with law enforcement authorities in prosecuting Users (including yourself) who violate the law or these T&C. You agree that Roadie, Inc. has no responsibility to, and may not, monitor your access to or use of the Services, Applications or Collective Content or review or edit any Collective Content. However Roadie has full right and authority to do so to ensure your compliance with our T&C, comply with applicable law, order or requirement of a court, administrative agency or other governmental body. Roadie reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Roadie, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or Applications.
Roadie, Inc. respects copyright law and the intellectual property of others and expects its Users to do the same. Roadie will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on the Services or the Applications infringe upon your copyrights, please send the following information to Roadie’s Copyright Agent at email@example.com:
- A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Services, Applications or website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
- A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- Your address, telephone number, and e-mail address;
- A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Intellectual Property Rights Ownership
Roadie owns all intellectual property rights in and to the Services and the Applications absolutely and in their entirety. These rights include and are not limited to 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 set forth in the Services or Applications are the property of their respective owners. Your use of the Services or Applications gives you no right therein.
Third Party Interactions
During use of the Applications and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Applications or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Roadie, Inc. and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Roadie does not endorse any sites on the Internet that are linked through the Services or Applications, and in no event shall Roadie or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Roadie, Inc. provides the Applications and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Roadie, Inc. has no responsibility or liability arising from any agreements between you and such third party providers.
Roadie may rely on third party advertising and marketing supplied through the Applications or Services and other mechanisms to subsidize the Applications or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Roadie reserves the right to charge you a higher fee for the Services or Applications should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Roadie’s website located at http://www.roadie.com.
Indemnification and Breach
By using Roadie’s Applications or Services, you agree to, and will, defend, indemnify, and hold Roadie, Inc. and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or misuse of the Services and Applications, including: your breach of these T&C, or any Driver or Sender Agreement to which you are subject or the documents they incorporate by reference; or your violation of any law or the rights of any third party, including, without limitation, our Users, Driver’s, Senders, other motorists, and pedestrians, as a result of your own interaction with such third party, any allegation that any materials that you submit to us or transmit to the Services or through the Applications or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; your ownership, use or operation of a any vehicle used on a Gig, your ownership or right to send the contents of any Gig; and/or 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.
Without limiting other remedies, Roadie, Inc. may terminate your participation in the Services, remove your information from our data bases, warn our community of your actions, issue a warning, and refuse to provide our Services to you if you breach the terms of the T&C or any Driver or Sender Agreement to which you are subject, or the documents they incorporate by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Users or Roadie, its affiliates, or third party providers, or subject Roadie, Inc. or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Roadie Services or Applications.
Disclaimer of Warranties and Limits on Roadie’s Liability to You
ROADIE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APPLICATIONS. USE OF OUR SERVICES AND APPLICATIONS ARE ENTIRELY AT YOUR OWN RISK.
The Services and Applications are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Roadie to the maximum extent permitted by applicable law. Roadie, Inc. makes no warranties or representations about the accuracy or completeness of any content provided through the Services or Applications or the content of any websites linked to the Services and Applications.
Roadie, Inc. does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, Applications or any hyperlinked website or featured in any banner or other advertising and Roadie will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
Without limiting the foregoing, neither Roadie, Inc. nor its affiliates or licensors warrant or guarantee:
- that access to the Services or Applications will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Services or Applications;
- that the Services or Applications, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the Applications, will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Services or Applications, or any information or materials provided through or in connection with the use of the Services and Applications;
- as to the completeness or content of any Gig;
- that the Services or Applications are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or Applications will be corrected; or
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
YOU ACKNOWLEDGE AND AGREE THAT ROADIE, INC. IS ONLY WILLING TO PROVIDE THE SERVICES AND APPLICATIONS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD ROADIE, INC., ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ROADIE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ROADIE, INC., ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APPLICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ROADIE, INC. DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES OR APPLICATIONS.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ROADIE, INC. OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ROADIE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
ROADIE, INC.’S SERVICES AND APPLICATIONS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ROADIE, INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL ROADIE, INC. AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ROADIE, INC. AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR APPLICATIONS, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES OR APPLICATIONS, EVEN IF ROADIE, INC. AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ROADIE, INC.’S SERVICES AND APPLICATIONS INTRODUCE ITS USERS FOR THE PURPOSES OF THEM ARRANGING FOR PICK-UP, CARRY AND DELIVERY OF ITEMS OF PERSONAL PROPERTY. ROADIE, INC. CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PROVIDE OR COMPLETE A GIG AND YOU EXPRESSLY WAIVE AND RELEASE ROADIE, INC. FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OUR USERS OR A GIG. YOU ACKNOWLEDGE THAT USERS PROVIDING PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED USING THE ROADIE, INC. SERVICE AND APPLICATIONS MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED. ROADIE, INC. WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. ROADIE, INC. CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN OUR USERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATIONS OR SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ROADIE, INC. FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATIONS OR SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APPLICATIONS OR SERVICES, OR OTHERWISE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF ANY DRIVER OR THE SERVICES PERFORMED BY ANY USER AND SCHEDULED THROUGH OUR SERVICES OR APPLICATIONS IS ENTIRELY THE RESPONSIBILITY OF THE USER WHO ULTIMATELY PROVIDES SUCH SERVICES TO. ALL USERS ACKNOWLEDGE AND AGREE THAT BY USING OUR APPLICATIONS AND SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN GIGS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
Notices to You
Roadie, Inc. may give notice by means of a general notice on the Services, the Applications, electronic mail to your email address on record in Roadie’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Roadie’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Roadie, Inc. (such notice shall be deemed given when received by Roadie) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Roadie, Inc. at 3565 Piedmont Center, Building 4, Suite 120, Atlanta, GA 30305, addressed to the attention of: Chief Executive Officer.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, or any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Roadie in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Applications nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Applications, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that any legal disputes or claims arising out of or related to these T&C, including arising out of the Roadie Protection Program, any Driver or Sender Agreement, whether such dispute or claim is related to the use of the Services and/or Applications, or the interpretation, enforceability, revocability, or validity of these T&C, or the validity of any dispute, that cannot be resolved informally shall be submitted to binding arbitration. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Roadie, Inc. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Roadie agree that any claim, action or proceeding arising out of or related to these T&C, including arising out of any Driver or Sender Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ROADIE, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The American Arbitration Association (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
Unless you and Roadie otherwise agree, the arbitration will be conducted in Fulton County, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Roadie submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Roadie, Inc. or any third party provider as a result of a User entering into a Driver or Sender Agreement or their use of the Services or Applications. If any provision of these T&C or any Driver or Sender Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Roadie, Inc. to enforce any right or provision in these T&C or any Driver or Sender Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Roadie, Inc. in writing. These T&C, including all terms, conditions and agreements referenced herein, including without limitation the Drivers and Senders Agreements, comprise the entire agreement between our Users and Roadie, Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Roadie Drivers Agreement
This Roadie Drivers Agreement is a part of Roadie, Inc.’s Terms and Conditions (“T&C”) located and is incorporated therein by this reference. This Agreement uses the same capitalized terms as the T&C if not otherwise defined below.
By using our Services or Applications, each driver (a “Driver“) of any vehicle used to pick-up, carry and/or deliver personal property or goods (a “Gig”) for a third-party (a “Sender“) using Roadie, Inc.’s Services and Applications represents, warrants, acknowledges and agrees that he/she:
- is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
- possesses a valid driver’s license;
- has all appropriate licenses, approvals and authority to accept and complete a Gig as contracted through the Services and the Applications, including in all jurisdictions in which such Driver picks-ups, carries and/or delivers a Gig;
- will not accept Gigs that require him/her to hold any licenses or other authorizations from any governmental authority with jurisdiction over him/her, the vehicle he/she operates, or the contents of the Gig, or any items within, without possessing valid licenses or authorizations for the same;
- owns, or has the legal right to operate, the vehicle used in a Gig, and such vehicle is currently in good operating condition and will be in good operating condition at all times during the Gig;
- is named or scheduled on the insurance policy covering any vehicle used by him/her during a Gig;
- has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of his/her vehicle carry and is responsible for and will make all necessary contacts with such his/her insurance carrier in the event of a motor vehicle accident or claim against his/her insurance policy;
- any vehicle used during a Gig meets such industry safety standards and statutory, federal DOT and state department of motor vehicle requirements as may be applicable to the vehicle operated by the Driver while on a Gig;
- will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle he/she uses during a Gig, including, but not limited to personal injuries, death and property damages;
- will be solely responsible for knowing what items are contained in their Gig and will inspect all packaged items prior to leaving with the Gig. If a Driver fails to inspect items he/she does so at the Driver’s own risk. Roadie has no liability to the Driver for any claim, loss or damage related to the inclusion of any Roadie Prohibited Item in a Gig;
- acknowledges and agrees to Roadie’s Open Box Policy and will visually inspect all items in a Gig prior to departing with the Gig so as not to knowingly pick-up, carry and/or deliver a Gig containing any “Roadie Prohibited Items” as listed in the T&C;
- will not make any misrepresentation regarding Roadie, the Services, the Applications, or his/her status as a Driver, or otherwise seek non-voluntary compensation from any third-party, or engage in any other activity in a manner that is inconsistent with his/her obligations under this Agreement or the T&C;
- while on a Gig, will only use a vehicle that he/she has reported to Roadie using the Applications and as required therein;
- will only accept Gigs that have been contracted through the Roadie Applications and which have been photographed by the Sender using the Applications and as required therein;
- will only contract for or arrange a Gig (or other similar services) with a Roadie User through Roadie’s Services and Applications and will not engage in outside transactions with any User;
- is not a mover and under no circumstances is required to lift or otherwise move any item contained within a Gig, including placing them in or removing them from his/her vehicle, during the Gig and he/she is not or responsible for lifting or otherwise moving any items during a Gig. If a Driver lifts or otherwise moves an item for a Sender he/she does so at the Sender’s and the Driver’s own risk and Roadie has no liability to either party for any claim, loss or damage related thereto;
- will not discriminate 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; and
- acknowledges and agrees that this Agreement is made anew for each and every Gig accepted by him/her.
Roadie Senders Agreement
This Senders Agreement is a part of Roadie, Inc.’s Terms & Conditions (“T&C”) and is incorporated therein by this reference. This Agreement uses the same capitalized terms as in the T&C if not otherwise defined below.
By using our Services or Applications, each person or company (a “Sender“) who contracts with a Roadie driver (a “Driver“) to pick-up, carry and/or deliver personal property or goods (a “Gig”) using Roadie, Inc.’s Services and Applications represents, warrants and agrees that he/she:
- is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
- owns or otherwise has the full right and authority to contract for the Gig and send all items contained in a Gig;
- has not and will not include in any Gig any “Roadie Prohibited Items” as listed in the T&C, whether consented to by a Driver or not. Roadie is not responsible for the contents or loss of any Roadie Prohibited Item. Roadie, Inc. reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities;
- has and will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Gig, all items included in the Gig;
- acknowledges and agrees to Roadie’s Open Box Policy and will allow a Driver to visually inspect all items in a Gig prior to departing with the Gig;
- has and will properly pack all “Roadie Special Items” in appropriate packaging to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws;
- acknowledges and agrees that the Roadie Protection Plan does NOT cover reimbursement for any loss or damage to any Gig resulting from (1) any breach of this Agreement or the T&C; (2) sending any items on the “Roadie Prohibited Items” list; or (3) inadequate packaging or failure to pack a Roadie Special Item;
- acknowledges and agrees that the Roadie’s maximum liability under its Protection Plan is $500 per occurrence, unless additional protection is purchased.
- acknowledges and agrees that all responsibility and obligation to know and comply with Roadie’s T&C and all laws applicable to the packing and transport of every item included in a Gig rests with the Sender;
- will only contract for or arrange a Gig (or other similar services) with a Roadie User through Roadie’s Services and Applications and will not engage in outside transactions with any User;
- is responsible for lifting and carrying all items sent with a Driver and is responsible for placing them in or removing them from the Driver’s and hereby acknowledges that a Driver is not a mover and is not responsible for lifting or otherwise moving any item during a Gig. If a Driver lifts or otherwise moves an item for a Sender he/she does so at the Sender’s and the Driver’s own risk and Roadie has no liability to either party for any claim, loss or damage related thereto;
- will not discriminate 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; and
- acknowledges and agrees that this Agreement is made anew for each and every Gig ordered by him/her.