carGO Terms of Service
These terms and conditions are (this “Agreement”) are between you (“you,” or “your”) and carGO – Holdings, LLC and each of its applicable affiliates or licensees (“carGO”), and applies to your use of the carGO application, website, and other technology (collectively, the “carGO Application”).
carGO DOES NOT PROVIDE TRANSPORTATION, DELIVERY OR OTHER LOGISTICAL SERVICES, AND carGO IS NOT A TRANSPORTATION CARRIER.
The carGO Application is used by persons seeking ground transportation, delivery or other services arranged through the carGO Application (“User or Users”) to match that User with persons willing to provide the User ground transportation, delivery or other services (“Drivers”). The exchange between Drivers and Users for ground transportation (which may include the transport of persons or the delivery of property) arranged through the carGO Application will be called “Services” in this Agreement. Where legal, the carGo Application may facilitate Users who are of legal drinking age to order alcohol beverages from restaurants or other establishments that may hold alcohol beverage licenses ("Alcoholic Beverage Suppliers”) and to match those Users with Drivers who are willing to provide the transport of those alcohol beverages from the Alcoholic Beverage Suppliers to those Users (collectively, the purchase and delivery of alcohol beverages are referred to in this Agreement as the “Alcohol Beverage Transportation Services” and shall be considered to be Services). In addition to the other terms contained in this Agreement, the terms contained in Section 10 apply to your use of the carGO Application to engage Alcohol Beverage Transportation Services.
By creating an account with carGO (your “User Account") and using the carGO Application, you acknowledge that you understand this Agreement and accept all of terms, conditions and obligations contained in this Agreement. If you do not agree with any of the terms and conditions of this Agreement, you may not use or access the carGO Application or the Services.
The carGO Application is available only to Users who can enter into contracts under the applicable state law in which the transaction is taking place. Without limiting the foregoing, the carGO Application is not available to persons under the age of 18 or Users who have had their CarGO Account temporarily or permanently deactivated. By establishing an Account, you represent and warrant to carGO that you are at least 18 years old (21 years old if ordering alcohol) and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You are the sole authorized User of your CarGO Account. You are responsible for maintaining the confidentiality of any password provided by you or carGO for accessing the carGO Application. You are solely and fully responsible for all activities that occur under your CarGO Account, and carGO expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your CarGO Account, or you suspect any other breach of security, you agree to notify carGO immediately.
This Agreement is effective upon your creation of a CarGO Account. You may discontinue your use of the carGO Application or participation in the Services at any time, for any reason. carGO may suspend or deactivate your CarGO Account, or revoke your permission to access the carGO Application, at any time, for any reason, upon notice to you. carGO reserve the right to refuse access to the carGO Application to any User or Driver for any reason not prohibited by law. Either you or carGO may terminate this Agreement for any reason upon written notice to the other. Sections 2, 4, and 6 through 9 shall survive any termination or expiration of this Agreement.
Users agree that any amounts charged for the Services are due and payable immediately upon completion of each Service. The amounts charged for the Services include any fee for the Services and other applicable fees, tolls, surcharges, and, plus any tips to the Driver that you elect to pay. carGO has the authority and reserves the right to determine and modify pricing. The amounts charged for the Services may vary based on the type of service you request.
- Fees for Services. Fees charged for Services consist of a base price and incremental charges based on the duration and distance of the Services.
- Cancellation Fee. In the event that you cancel a Service request on the carGO Application, make repeated or frequent cancellations, or fail to show up for your Services in a timely manner (including, but not limited to, your refusal to accept a delivery), you agree to pay a “Cancellation Fee”. carGO may also assess a Cancellation Fee against you if carGO suspect that you have intentionally cancelled Services to disrupt the carGO Application or the provision of Services.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by carGO in its sole discretion), towards vehicle repair or cleaning. carGO reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Amounts. Other fees, tolls, and surcharges (including the cost of any goods or products to be delivered) may apply to your Services. In addition, where required by law carGO will collect applicable taxes.
- Payments shall only be made through the carGO Application. Cash payments are strictly prohibited.
- No Refunds. Payments are assessed immediately following completion of the Services to your authorized payment method. Amounts paid for Service or any other amounts charged by carGO through the carGO Application are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the carGO Application, any disruption to the carGO Application or Services, or any other reason whatsoever.
- Payment Authorization. Upon addition of a new payment method or each Service request, carGO may seek authorization of your selected payment method to verify your payment method, ensure the amount due for the Services 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 provider's next processing cycle. Should the amount of our authorization exceed the available credit or total funds on deposit in your account, you may be subject to excess credit, overdraft or NSF charges by the bank processing the payment request or that issued your credit, debit or check card. carGO cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
- Airport Surcharge. carGO reserves the right to add an additional surcharge for drop-offs and pick-ups at any airport location.
- By establishing a CarGO Account, you expressly consent and agree to accept and receive communications from carGO, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to carGO. By consenting to being contacted by carGO, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of carGO, its affiliated companies and/or Drivers. Standard text messaging charges applied by your cell phone carrier will apply to text messages carGO send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the carGO Application or the Services. You may opt-out of receiving promotional or marketing texts or calls from carGO at any time at firstname.lastname@example.org.
- Your Information is any information you provide, publish or post to or through the carGO Application or send to a Driver or other Users (your “Information”). You consent to carGO using your Information to create a CarGO Account that will allow you to use the carGO Application and participate in the Services. You are solely responsible for your Information and your interactions with other members of the public, and carGO is only the acting conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that carGO and other members of the public may rely on your Information as accurate, current and complete. You warrant and represent to carGO that you are the sole author of your Information. To enable the carGO Application to use your Information, you grant to carGO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use your Information.
5. Restricted Activities
With respect to your use of the carGO Application and your participation in the Services, you agree that you will:
- Not refuse to accept Services from a Driver based on the Driver's race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Doing so can result in your permanent loss to access the carGO Application.
- Shall act appropriately and respect social norms and comply with all of carGO's polices, which may be reviewed at www.gocargo.io. It is unacceptable to make derogatory remarks about a person or group. Furthermore, commenting on appearance, asking overly personal questions and making unwanted physical contact are all considered inappropriate behaviors. Anyone who solicits or engages in sexual conduct while using the carGO Application will lose future access to the carGO Application.
- Comply with all laws. As such, illegal substances and - unless explicitly allowed by law - open containers of alcohol are not permitted in any Drivers’ vehicle. You must also comply with the seat belt laws and any other applicable laws in your state. carGO recommends that you always wear a seatbelt while riding in any vehicle.
- Not: remove any copyright, trademark or other proprietary notices; reverse engineer the carGO Application; link to, mirror or frame the carGO Application; attempt to gain unauthorized access to or impair any aspect of carGO Application; or use any manual or automatic device or process to “data mine” or in any way reproduce or bypass the structure or look of the carGO Application.
- Not; Cause, encourage, promote or enable any third party to engage in the activities described above.
carGO reserves the right, to suspend or deactivate your CarGO Account if you do not comply with these prohibitions at their sole discretion.
6. Proprietary Rights and Trademark License
All intellectual property rights in the carGO Application shall be owned by carGO 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 carGO Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to carGO are non-confidential and shall become the sole property of carGO. carGO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. carGO Disclaimers; Limitation of Liability
- Disclaimer of Warranties. carGO PROVIDES, AND YOU ACCEPTS, THE carGO APPLICATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. carGO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE carGO APPLICATION: WILL BE UNINTERRUPTED OR ERROR FREE; OR WILL RESULT IN ANY MATCHES FOR REQUESTED SERVICES. carGO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE DRIVERS WHO MAY AGREE TO PROVIDE SERVICES. BY USING THE carGO APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE carGO APPLICATION.
- No Guarantee. carGO DOES NOT GUARANTEE THE AVAILABILITY OF THE carGO APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE carGO APPLICATION MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON. FURTHER, THE carGO APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND carGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, and LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
- Limits of Liability. carGO SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR EQUITY: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE OR PROFITS.
Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
8. Indemnity and Release
- You will defend, indemnify, and hold carGO including carGO's officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the carGO Application and participation in the Services.
- In the event that you have a dispute with one or more Driver, Restaurants, Company, Retailer, any other third party, or other Users, you agree to release carGO from claims, demands and damages of every kind and nature, arising out of or in any way connected to your use of the carGO Application or participation in the Services. carGO reserve the right to monitor any such disputes. Also, you agree to waive any rights you may have under any applicable laws that provide for an invalidation of a general release.
9. Miscellaneous Terms
- Modification. carGO reserves the right to modify this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. You acknowledge and agree that, by using the carGO Application, that you are bound by any future amendments and additions to information. Continued use of the carGO Application after any such changes shall constitute your consent to such changes.
- Severability. If any provision of this Agreement is or becomes invalid or non-binding, carGO and you shall remain bound by all other provisions of this Agreement. In that event, carGO shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
- Assignment. You shall not assign or transfer this Agreement or any rights or obligations under this Agreement. carGO may assign or transfer this Agreement from time to time: (a) to an affiliate of carGO; or (b) to an acquirer of all or substantially all of carGO's business, equity or assets.
- Entire Agreement. This Agreement constitutes the entire understanding between you and carGO with respect to subject matter of this Agreement and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
- Notices. Any notice delivered under this Agreement will be delivered by email to the email address associated with your User's Account or by posting on the portal available to you through the carGO Application.
Governing Law; Venue.
- This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Missouri (without giving effect to principles of conflicts of laws).
- Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought or otherwise commenced in any state or federal court located in St. Louis, Missouri.
- You and carGO expressly and irrevocably consent and submit to the jurisdiction of each state and federal court located in St. Louis, Missouri (and each appellate court located in the State of Missouri), in connection with any such legal proceeding;
- You and carGO agree that each state and federal court located in in St. Louis, Missouri, shall be deemed to be a convenient forum; and
- You and carGO agree not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in in St. Louis, Missouri, any claim that you are not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court.
- Nothing contained in this Section 9(g) shall be deemed to limit or otherwise affect the right of carGO to commence any legal proceeding or otherwise proceed against you in any other forum or jurisdiction.
10. Alcohol Beverage Transportation Services
In the event that you use the carGO Application to engage Alcohol Beverage Transportation Services, you agree and acknowledge that:
- you are of legal drinking age;
- you are purchasing alcohol beverages from the licensed alcohol beverage retailer indicated in the carGO Application, and not from carGO or any Driver;
- you are purchasing such alcohol beverages not for resale, but for your own responsible personal consumption or for the responsible personal consumption of others who are not minors; and
- as a requirement for the Driver to be permitted to deliver the alcohol beverages that you purchase from the licensed alcohol beverage retailer, you will be required to show proper identification that matches the payment method that you used to purchase the alcohol beverages.
carGo does not sell alcohol beverages. carGo is a marketing and technology company that provides a platform for Alcohol Transportation Services. carGO acts as a third-party provider and has no responsibility or liability to you for any alcoholic beverage products you purchase from Alcoholic Beverage Suppliers. Any claims or disputes you have regarding Alcoholic Beverage Supplier products will be the responsibility of the Alcoholic Beverage Supplier and must be brought by you directly to the Alcoholic Beverage Supplier.
carGO reserves the right to report any actions by you that would violate alcohol beverage laws, including but not limited to misrepresentation of age and procuring alcoholic beverages for person(s) under age 21, to law enforcement authorities.
carGO does not charge any additional fee with respect to alcoholic beverages or your purchase of alcoholic beverages from Alcoholic Beverage Suppliers. When you request Alcohol Beverage Transportation Services using the carGO Application, such Alcohol Beverage Transportation Services will be either accepted or rejected by the Alcoholic Beverage Supplier to whom the request for Alcohol Beverage Transportation Services was placed. Neither carGO nor any Driver has any authority to accept your request for Alcohol Beverage Transportation Services, and no sale pursuant to your request for Alcohol Beverage Transportation Services will become final unless and until Alcoholic Beverage Supplier accepts your request for Alcohol Beverage Transportation Services.
For any request for Alcohol Beverage Transportation Services accepted by an Alcoholic Beverage Supplier (such accepted sale an "Alcoholic Beverage Purchase"), your credit card will be charged, and that portion of the funds from your credit card payment that relates to the Alcoholic Beverage Purchase will be deposited into an account for the benefit of Alcoholic Beverage Supplier in compliance with applicable alcoholic beverage laws.