TransPRONTO Terms of Service
Last Updated: December 16, 2021
These terms of service constitute a legally agreement (the “Agreement”) between you and PRONTO Transportation. (“TransPRONTO ,” “we,” “us” or “our”) governing your use of the TransPRONTO application, website, and platform.
IMPORTANT: THIS AGREEMENT CONTAINS PROVISIONS THAT RULE HOW CLAIMS YOU AND TRANSPRONTO HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 7 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TRANSPRONTO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 7.
By entering into to this Agreement, you acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 7) and accept all of its terms. IF YOU DO NOT AGREE THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TRANSPRONTO PLATFORM.
The TransPRONTO Platform
The TransPRONTO Platform provides a marketplace where persons who seek transportation to certain destinations (“Passengers”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Passengers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the TransPRONTO Platform or in case by phone call. For purposes of this Agreement, the driving services provided by Drivers to Passengers that are matched through the Platform or by calls shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Passenger shall constitute a separate agreement between such persons.
Change to the Agreement
In the event TransPRONTO change the terms and conditions of this Agreement, such change shall be binding on you only upon your acceptance of the change Agreement. TransPRONTO reserves the right to change any information referenced in the hyperlinks from this Agreement from time to time, and such change shall become effective upon posting. Continued use of the TransPRONTO Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that change of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Eligibility
The TransPRONTO Platform may only be used by individuals who can form legally binding contracts under applicable law. The TransPRONTO Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Fees
As a Passenger, you agree to pay the amounts charged for your use of the TransPRONTO Platform and Services (“fees”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s TransPRONTO page (www.tPRONTO .com/Services), plus any tips to the Driver that you elect to pay. TransPRONTO has the authority and reserves the right to determine and change pricing by posting applicable pricing terms to your market’s TPRONTO.com or you may request a quote by phone call. Pricing may vary based on the type of service you request (e.g., by distance and time on your trip) as described on your market’s TransPRONTO Services page. You are responsible for reviewing the applicable TransPRONTO Services page and shall be responsible for all Charges incurred under your User account or you phone call request regardless of your awareness of such Charges or the amounts thereof. Fares: There are two types of fares, variable and quoted.
Variable Fares. Is incremental charges based on the duration and distance of your ride. For short rides, minimum fares may apply. Note that use GPS data from your Driver’s phone to calculate the distance traveled. We cannot guarantee the availability or accuracy of GPS data.
Quoted Fares. In some cases we may quote you a Fare at the time of your request. This is subject to change until your request is confirmed. If during the ride you change your destination, make multiple stops, or attempt to abuse the TransPRONTO Platform, we may change the fare quote and charge you a variable fare based on the time and distance of the ride. TransPRONTO does not guarantee the quoted fare price will be equal to a variable fare for the same ride.
Other Fees.
Base Fee. TransPRONTO may assess a per-ride “Base Fee” to support the TransPRONTO Platform and related services provided to you by TransPRONTO . The amount of the Base Fee may vary but shall be retained by TransPRONTO in its entirety. Cancellation Fee. After requesting a ride you may cancel it through the app or call, but note that in certain cases a cancellation fee may apply. May also be charged if you fail to show up after requesting a ride. Please check out our Help Page to learn more about our cancellation policy, including applicable fees. Damage FeeIf you have damaged the vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage, towards vehicle repair or cleaning. TransPRONTO reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Tolls. Tolls (and/or return) may apply to your ride. Please see our Help Page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by TransPRONTO will match the toll charged to the Driver, if any. Tips. Following a ride, you may elect to tip your Driver in cash or through credit card payments.
General.
No Refunds. All services are final and non-refundable. This policy shall apply at all times regardless of your decision to terminate usage of the TransPRONTO Platform o by call, or any other reason whatsoever.
Ride Discounts. You may receive Ride discounts ("Ride Discounts") that you can apply toward payment of certain Charges upon completion of a Ride. Are only valid for use on the TransPRONTO Platform or promotions , and are not transferable or redeemable for cash except as required by law. Discounts cannot be combined, and if the cost of your ride exceeds the applicable discount value we will charge your payment method.
Credit Card Authorization. TransPRONTO may seek authorization to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit or balance by the authorization amount until your bank’s next processing cycle. If the amount of our authorization exceed the total availables funds in your account, you may be subject to overdraft of NSF charges by the bank. We cannot be held responsible for these charges and are unable to assist you in recovering them from.
Payments
For Drivers, will receive payment for your provision of Services. All Fare payments are subject to a TransPRONTO Commission, discussed below. You will also receive any tips provided by Passengers, and these will not be subject Commission. TransPRONTO will process only Credit or Debit card payments due to you through its third party payments processor (such as Paypal, Inc or PayAnywhere, LLC). You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Commission. As a Driver, you agree to pay TransPRONTO (and permit TransPRONTO to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Driver e-mail. TransPRONTO reserves the right to change the Commission at any time and will provide you with notice in the event of such change.
Pricing. You expressly authorize TransPRONTO to set the prices on your behalf for all Charges that apply to the provision of Services. TransPRONTO reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in your market’s TransPRONTO Cities page or the TransPRONTO Help Page.
Pricing. You authorize TransPRONTO to set the prices on your behalf for all Charges that apply to the provision of Services. TransPRONTO reserves the right to change the Fare at any time in our discretion based upon local market factors, and we will provide you with notice of changes of base fare, per mile, and/or per minute amounts that would result in a change.
Adjustment. TransPRONTO reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse TransPRONTO or TransPRONTO ’s payment systems, (ii) in order to resolve a Passenger complaint. TransPRONTO ’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
TransPRONTO Communications
By becoming a User or by calling us, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems or by some dispather. Communications from TransPRONTO , its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the TransPRONTO Platform or Services, updates concerning new and existing features on the TransPRONTO Platform, communications concerning promotions run by us or our third- party partners, and news concerning TransPRONTO and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO 797979 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE TRANSPRONTO PLATFORM OR THE SERVICES. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE TRANSPRONTO PLATFORM OR THE SERVICES
Your Information
Your Information is any information you provide, publish or post to or through the TransPRONTO Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any TransPRONTO -related Facebook, Google plus or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the TransPRONTO Platform and participate in the Services. Our collection and use of personal information in connection with the TransPRONTO Platform and Services is as provided in TransPRONTO ’s Privacy Policy located at www.TPRONTO.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable TransPRONTO to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. TransPRONTO does not assert any ownership over your Information; rather, as between you and TransPRONTO , subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights.
Promotions
TransPRONTO , at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TransPRONTO . TransPRONTO reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that TransPRONTO determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
These incentives may come in the form of TransPRONTO Credits, and TransPRONTO may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of TransPRONTO Codes is subject to this Agreement.
Restricted Activities
With respect to your use of the TransPRONTO Platform and your participation in the Services, you agree that you will not: impersonate any person or entity; stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the Services or the TransPRONTO Platform or the servers or networks connected to the TransPRONTO Platform; post Information or interact on the TransPRONTO Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; use the TransPRONTO Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the TransPRONTO Platform; “frame” or “mirror” any part of the TransPRONTO Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the TransPRONTO Platform or any software used on or for the TransPRONTO Platform; rent, lease, lend, sell, redistribute, license or sublicense the TransPRONTO Platform or access to any portion of the TransPRONTO Platform; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the TransPRONTO Platform or its contents; link directly or indirectly to any other web sites; transfer or sell your User account, password and/or identification to any other party discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the TransPRONTO Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the TransPRONTO community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by TransPRONTO , and for which a photograph has been provided to TransPRONTO , and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not make any misrepresentation regarding TransPRONTO , the TransPRONTO Platform, the Services or your status as a Driver.
You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a Passenger your own fares, or use a credit card reader Not provided or authorized by us, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud TransPRONTO or Passengers on the TransPRONTO Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and/or supend your driver account.
You will make reasonable accommodation for Passengers and/or for service animals, as required by law You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Intellectual Property