These terms of use are entered into by and between You and Easy Application Technologies Systems Inc. ("We Drive" "Company," "We", "Our", "Us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Easy Application Technologies Systems Inc.’s "We Drive" Mobile Application (the "App"), including any content, functionality, and services offered on or through the App whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the App. By using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Click Here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
This App is offered and available to users who are 16 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
"Customer" is a person or entity that utilizes any part of the App or We Drive’s service to avail his, her, or itself, as the case may be, to Drivers willing to provide designated driving services.
"Driver" is a person who is registered on the We Drive App in order to utilize the We Drive App and We Drive’s service to avail themselves to Customers who seek designated driving services.
We Drive is a referral service that provides information to you about where, when, and from whom you may obtain personal chauffeur and designated driving services (the "Services"). By signing up with for the Services, we agree to provide you with timely information about individuals that may serve you. We require a referral fee and/or subscription fee, if applicable, and compliance with these Terms of Use in exchange for the Services, as detailed in these Terms of Use. By creating an account and receiving our referrals to Drivers, you agree to abide by all of the terms and conditions in these Terms of Use. During peak usage of the Services, Drivers may not be available. Referrals to Drivers are available on a "first come, first serve" basis, and not guaranteed until confirmed by We Drive.
Before receiving any services from We Drive, you must become a registered Customer or sign a Waiver. A registered Customer is one who completes the Customer registration by filling out a registration form on the App.
We reserve the right to withdraw or amend the App, the Services and any other service or material we provide on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
You are responsible for both:
To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but are not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy Click Here, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailingsupport@wiidrive.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
If you wish to make any use of material on the App other than that set out in this section, please address your request to: support@wiidrive.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the term We Drive, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
Additionally, you agree not to:
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
Additional terms and conditions may also apply to specific portions, services, or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
To use or otherwise access the App, you must have a mobile device that is compatible with the Services and the App. We do not warrant that the App will be compatible with your mobile device. A wireless carrier’s normal messaging, data, and other rates and fees will apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the App may be prohibited or restricted by your carrier, and the App may not work with all carriers or devices. Therefore, you should check with your carrier to find out if the App is available for your mobile device, and what restrictions, if any, may be applicable to your use of the App.
By using the App, you expressly agree that we may communicate with you regarding the Services by SMS, MMS, text message, or other electronic means directed to your mobile device and that certain information about your usage of the App may be communicated to usevent you change or deactivate your mobile device telephone number, you agree to promptly update your Account information to ensure that messages are not sent to the person that acquires your old number.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This App may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the App is based in Suffolk County, New York. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We Drive carries general corporate insurance only. We Drive requires that that both the Driver and the Customer maintain automobile liability insurance in amounts as required by the Driver’s and the Customer’s respective state laws (respectively, the "Driver’s Insurance" and the "Customer’s Insurance"). The Customer’s Insurance must cover the vehicle the Customer plans to be transported in by a We Drive referred Driver. We Drive does not insure or guarantee any payment or compensation for incidents that may occur during the Services, and you acknowledge and agree that either you or the Driver may be personally liable for damages that are not covered by either the Driver’s Insurance or the Customer’s Insurance. In addition, We Drive is not responsible for any items lost or stolen, or any damage that may occur to the vehicle while it is parked whether attended or unattended by the Driver. Accordingly, you are at risk for any loss or physical damage that occurs during your use of the Services.
You shall provide your Driver with proof of the Customer Insurance prior to each time that you receive the Services. In the case of a customer renting a vehicle, the customer must purchase insurance from the rental car company covering the potential liability to the vehicle, any individuals in the vehicle, or any third party that may be involved in an incident. If the insurance purchased from the rental car company does cover the extent of the liability, the customer agrees to be solely responsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.
We Drive shall not be responsible for any damage, loss, cost, or other liability whether or not any such damage, loss, cost, or other liability results from the service unless the actions of We Drive directly caused or resulted in such damage, loss, cost, or other liability; provided that you hereby acknowledge and agree that any damage, loss, cost, or other liability that arises as a result of where the vehicle was placed at the conclusion of a reservation (the conclusion of a reservation being the time when the Driver returns the keys to the vehicle back to the Customer) shall not under any circumstances be considered to have been caused directly or indirectly by the Driver or We Drive. In addition, if after an investigation and inquiry by We Drive, We Drive determines in its sole discretion that the Driver was at fault for an accident, Customer may be eligible (such eligibility determined by We Drive in its sole discretion), to be reimbursed by We Drive solely for payments Customer made toward the deductible in respect of the Customer Insurance in an amount not to exceed One Thousand Dollars ($1,000) (individually, each an "At Fault Deductible Reimbursement Payment"). Customer shall follow the procedures set forth in the section below titled "Procedure in Case of Accident or Injury" in order to submit and be eligible to receive a claim for an At Fault Deductible Reimbursement Payment.
We Drive shall not be held responsible in any occasion for a referred driver who may or may not be sick with any illness, sickness, virus, or any medical issue that may be contagious. All risk brought on by utilizing a We Drive referred driver will be at the liability and choice of the We Drive customer.
Once you notify We Drive of any accident or injury to persons or property, We Drive will provide you with the information necessary to contact the Driver and the carrier of the Driver’s Insurance. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with the carrier of Customer’s Insurance or the carrier of the Driver’s Insurance.
For We Drive to consider a claim for an At Fault Deductible Reimbursement Payment, you must submit to We Drive at customerservice@wiidrive.com (1) an official police report of the accident that states that the Driver was at fault within five days of the accident giving rise to the claim, (2) written statement that includes a detailed narrative of the accident, where it occurred, when it occurred, who was involved, and the damages the occurred within five days of the accident giving rise to the claim, and (3) evidence in form and substance satisfactory to We Drive (in its sole discretion) that Customer paid the deductible for Customer’s Insurance in respect of the accident giving rise to the claim within five days of making such payment (collectively, the "At Fault Deductible Reimbursement Payment Claim Submission"). After Customer has submitted the At Fault Deductible Reimbursement Payment Claim Submission related to the accident, if after an investigation and inquiry by We Drive, We Drive determines in its sole discretion that Driver was at fault for an accident and that Customer is eligible to receive the At Fault Deductible Reimbursement Payment related to the accident, then We Drive shall send a waiver to Customer (each an "At Fault Deductible Reimbursement Payment Customer Waiver"). Within thirty (30) days of Customer returning the executed At Fault Deductible Reimbursement Payment Customer Waiver related to the accident giving rise to the claim to We Drive at customerservice@wiidrive.com, We Drive shall send to Customer the At Fault Deductible Reimbursement Payment related to the accident giving rise to the claim.
In case of an accident, injury, violation of law, or violation of these Terms of Use by any person, you agree to provide immediate, written notice to We Drive. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to customerservice@wiidrive.com.
You also agree to fully and timely cooperate in any investigation by We Drive of any incident reported by you, a Driver, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of We Drive. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of these Terms of Use.
In the event that you do not own the vehicle in which you plan to be transported by a We Drive referred Driver, you must notify We Drive immediately. Failure to do so is a material breach of these Terms of Use.
Prior to receiving any requested driving services under these circumstances, the vehicle owner must provide to We Drive a completed, written Waiver, or call to verbally agree to the terms of the Waiver by phone. If either a written or verbal waiver is not completed within two hours prior to the beginning of your reservation, the order may be subject to cancellation. If your order is cancelled for your failure to provide a waiver two hours prior to your reservation, you will be assessed a late cancellation fee of $60.00.
Notwithstanding your previous representations to We Drive or your Driver regarding vehicle ownership, in the instance that you utilize the Services through We Drive and We Drive has not received any form of waiver regarding vehicle ownership, you represent and warrant to We Drive that you have obtained lawful access to a vehicle that you own, and are lawfully using that vehicle to consummate We Drive’s referral services.
By failing to obtain any form of waiver based on vehicle ownership, We Drive does not waive any right to enforce any provisions of these Terms of Use, including indemnification and hold-harmless provisions.
If a vehicle is rented from a third-party, you represent and warrant that insurance for the vehicle has been purchased from that third-party or another third-party covering the vehicle, any individuals in the vehicle, and any damage caused to a 3rd party during the duration of the rental.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE DRIVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in the State of New York under the Rules of Arbitration of the American Arbitration Association applying New York law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, and our Privacy Policy, and Terms of Service, and customer or account agreement and any such relevant policy relating to applicable compliance rules or regulations constitute the sole and entire agreement between you and Easy Application Technologies Systems Inc. regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
This App is operated by Easy Application Technologies Systems Inc. located at 153 Franklin Avenue, Maspid, New York 11950.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: customerservice@wiidrive.com.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction as set out in these Terms of Use will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.
Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.