Effective Date: February 1, 2019.
If you apply and are accepted as an iCarpool Driver, your access to and use of the Service as a Driver is conditioned upon your acceptance of these iCarpool Driver Terms of Service (“Driver Terms”). These Driver Terms are part of and incorporated into the Terms of Service (“Terms”), which also govern your use of the Service. Parts of the Terms affect these Driver Terms, so be sure to review the Terms prior to using the Service. Capitalized terms not defined herein have the definitions set forth in the Terms.
If you are a Driver, you are required to meet our Driver eligibility requirements as published at: Driver Requirements, when you register and at all times when using the Service. You agree to notify us of any change associated with your eligibility, including, but not limited to, a change in your insurance coverage, a moving violation you have committed, a change with respect to your driver’s license, a change in your employment or a change of your motor vehicle and you agree to provide us required information so we may update our records associated with your account with the relevant changes.
2. Driver-Specific Information Collection; Privacy
3. Vehicle Insurance Requirements
You understand and agree that iCarpool does not provide any insurance coverage and your insurance coverage will be in effect at all times when you are using the Service. Your insurance must cover you, Riders in the car and third parties, and to the maximum extent allowed by law cover any loss, lost time or wages, property damage, medical payments due to injury, or death that may occur as a result of your use of the Service. Prior to providing Rides through the Service, you must independently confirm with your vehicle insurance carrier that your insurance coverage is in full effect when you use the Service. If, at any time, your vehicle insurance carrier declines to offer coverage for your use of the Service or, your vehicle insurance coverage terminates or otherwise becomes invalid, you must notify us immediately and stop using the Service. You agree that you are solely responsible for any and all liability or injury resulting from or allegedly resulting from your operation of any vehicle used to transport Riders, including, but not limited to personal injuries, death and property damages.
4. Mobile Device Requirements
When providing a Ride, you must keep the Application running on your mobile device for the duration of the Ride, recording the pickup of the Rider at the time the Rider is picked up and recording the drop-off of the Rider at the time the Rider is dropped off. You are required to maintain sufficient charge on your mobile device so your device can run the Application without interruption for the duration of the Ride. Failure to correctly operate the Application may result in incomplete or incorrect data being associated with the Ride and may result in no Redeemable Credits transferring to your Account. If a Ride is not recorded correctly in the Service for any reason whatsoever including, but not limited to, incorrect usage by you, incorrect usage by another user engaged in a transaction with you or a failure in the Application, and as a result there is a technical issue associated with the transaction such that you’re Account does not receive Redeemable Credits corresponding with the transaction, the resolution of the matter shall be solely determined in iCarpool’s discretion and you understand and agree that the resolution may not be able to provide you Redeemable Credits corresponding to the transaction in question.
5. Cost Reimbursements
You may receive payments corresponding to the Rides you provide. iCarpool uses cashless payments via the transfer of Ride Credits and payments transferred to Driver Accounts accumulate as “Redeemable Credits.” Redeemable Credits may be used as Ride Credits to take Rides or may be converted into cash. Our Site provides information on how you may convert Redeemable Credits into cash. The Redeemable Credits are calculated using various factors such as the trip distance, any subsidies available and are capped at the reimbursement rate published by the Internal Revenue Service.
The payments provided to Drivers by the Service constitute a reimbursement to Drivers for costs incurred in connection with vehicle maintenance and mileage. Drivers are not compensated for driving and will not earn any income using the Service. The Service does not and does not claim to take into Account all costs that you may incur, including, but not limited to, tolls, parking, vehicle ownership costs and you assume full responsibility of all costs associated with your driving. Whereas the Service allows you to recover a portion of your costs of driving, the Service does not allow you to make a profit and caps Redeemable Credits at the current reimbursement rate published by the Internal Revenue Service. If you have questions about the taxability of any payments you receive via the Service, please consult your independent tax advisor.
6. Ride Restrictions
iCarpool expressly forbids you from having a passenger in your car who has not used the Service to book the Ride. In other words, when you use the Service as a Driver, iCarpool requires that all passengers in your car have used the Service to book their Rides.
7. Representations and Warranties
By using the Service, you represent and warrant that: (a) you own, or have the legal right to operate, the motor vehicle you use for the Service and that the motor vehicle meets its standard Service requirements and all applicable State and Federal Motor Vehicle Safety Standards; (b) you will follow all prescribed manufacturer maintenance standards for the motor vehicle you use and keep it in good operating condition such that it meets industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; (c) you will only accept Riders using the vehicle that has been set up in your Account; (d) you agree to refrain from talking on a mobile phone or texting using a mobile device while using the Service and while you are driving and follow related regulations; (e) you agree that you will refrain from using drugs and alcohol at all times when using the Service; (f) you are at least 21 years of age; (g) you possess a valid driver’s license in the jurisdiction where you are located; (h) you have confirmed with your vehicle insurer that your vehicle insurance coverage will be in effect when you use the Service and you are the named insured for the policy covering the vehicle that will be used to pick up Riders; (i) your insurance coverage amounts are consistent with legal requirements and apply to Rider(s) you drive in your vehicle and third parties; (j) you are solely responsible for any and all liability resulting from your use of the Service; (k) you are physically and mentally able to operate a motor vehicle in accordance with regulations in your local jurisdiction.