Terms of Use

(Date of update: May 30th, 2017)

INTRODUCTION

Welcome to Wingz. By using Wingz (including its related sites, services and smartphone applications), you agree to the following Terms of Use (hereinafter “Terms”) and you are contracting with Wingz, Inc., a Delaware corporation, whose principal office is located at 2800 3rd Street, San Francisco, CA 94107.

These Terms of Use are effective on August 3, 2012, for current users, and upon acceptance for new users. These Terms describe the conditions under which Wingz offers access to its services on the Wingz website located at https://wingz.me and smartphone applications. These Terms can be consulted at any time by clicking on the “Terms of Use” link located in the footer of all site pages.

The use of Wingz services is reserved exclusively to users who have read these Terms in their entirety. Terms apply to both Riders and Drivers. By following the sign-up process, you agree to accept all provisions of these Terms. If you do not accept these Terms, you cannot use our service. Terms shall apply as long as they are accessible on the site.

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IMPORTANT

Our services are not available to minors under 18 years of age or to temporarily or indefinitely terminated users. By becoming a user, you represent and warrant that you are at least 18 years old. By using Wingz Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

Wingz is a platform that provides a means to enable persons who seek rides to certain destinations (“Riders”) to connect with persons available to drive to those destinations (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Wingz Services”. This Agreement describes the terms and conditions that will govern the use of and participation in Wingz Services.

Drivers who make commercial trips or who use professional vehicles belonging to their employer are asked not to register for this service, as it is intended for personal usage only. If you do not meet these conditions, please do not use our service. Wingz reserves the right to exclude anyone who does not respect these conditions. The registered Wingz Drivers and Riders are responsible for taking all necessary precautions before a trip.

• Wingz has no control over the adequacy or accuracy of the offers placed online, except for the tools available on the website to help support the organization of trips.

• Accordingly, Wingz cannot guarantee that a Driver or Rider will make the trip.

• Wingz has no control over the Rider’s identity.

Accordingly, Wingz cannot be held responsible for any type of incident resulting from the connection of Drivers and Riders.

WINGZ DOES NOT PROVIDE TRANSPORTATION SERVICES. DRIVERS ACTIVATED ON WINGZ ARE FREE TO ACCEPT OR NOT ACCEPT A RIDE REQUEST FROM ANY RIDER. RIDERS ARE FREE TO ACCEPT OR NOT TO ACCEPT TO SHARE A RIDE WITH A DRIVER WHO HAS ACCEPTED THEIR REQUEST. WINGZ IS A SYSTEM THAT ENABLES RIDERS TO CONNECT WITH AVAILABLE DRIVERS BUT WINGZ DOES NOT PROVIDE ANY TRANSPORTATION SERVICES AND HAS NO RESPONSIBILITY FOR THE RIDE PROVIDED BY A VOLUNTEER DRIVER TO A RIDER.

WINGZ’S ROLE IS NOT TO BE A CARRIER, A TRAVEL AGENCY OR A TICKET BROKER. WINGZ IS MERELY AN ONLINE PLATFORM, WHICH AIMS TO ENABLE AND FACILITATE THE CONNECTION OF INDIVIDUALS BY PROVIDING TOOLS FOR DRIVERS OF AUTOMOBILES (HEREINAFTER REFERRED TO AS DRIVERS) AND INDIVIDUAL RIDERS (HEREINAFTER REFERRED TO AS RIDERS) WHO AIM TO SHARE RIDES AND THE COST OF THEIR CAR.

USE OF THE PLATFORM

 

Member Obligations – Rider or Driver

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Account Creation and Access

By registering on the Wingz platform, a Member obtains a Wingz Username and password for personal use. The Member agrees to keep the password confidential. Only registered Members can use the Wingz platform, using their personal Wingz Username and password.

Member agrees to only create and use the one account originally assigned, either under his or her own identity or that of a third party. Any exception of this rule can only be made following a written request for permission from the Member to Wingz. Creating or using new accounts under the Member’s own identity or that of a third party, without prior written authorization from Wingz, will lead to immediate suspension of the Member’s accounts and all associated services without notice. Member agrees to not grant access to his or her Wingz account to any other person. If a member has knowledge that another person has access to his or her account, he or she will inform Wingz immediately and confirm the information by mail.

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Responsibility

Member is SOLELY responsible for the use of the Wingz platform in accordance with the terms and conditions. Member agrees to not engage in behavior directly or indirectly contrary to good morals, laws and regulations, in the present or in the future. Member agrees to immediately notify Wingz when he or she identifies such behavior. Wingz reserves the right to inform the competent authorities about any conduct contrary to good morals, laws and regulations in the present or in the future.

 

Disputes

In case of a dispute, the parties agree that records from Wingz servers, including access codes of registered members, shall be used by the parties to resolve the dispute.

 

Insurance

As long as Drivers are in compliance with this Agreement (including but not limited to the Driver Representations and Warranties provided below), Wingz procures insurance that provides Drivers with excess automobile liability insurance up to $1,000,000 per occurrence. The policy offers excess liability protection over a Driver’s existing mandatory insurance while such Driver is transporting a rider on a trip arranged on the Wingz Platform. The policy coverage is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Driver’s vehicle.

We do not procure insurance for, nor are we responsible for, personal belongings left in the car. These include tapes, records, discs or other similar audio, visual or data electronic devices, or any speed measuring equipment within the vehicle. It is the responsibility of the Driver and Rider to ensure they remove any personal belongings from the car before and after each ride matched on the Wingz Platform.

As with any personal auto insurance policy, additional insurance terms, limitations, and exclusions apply.

THIS IS AN UNOFFICIAL SUMMARY OF WINGZ’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.

 

Commissions and fees

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Administrative Fees

Riders pay a fixed administrative fee to Wingz, when a trip is arranged. This is for Wingz to be able to operate the website and apps. The commission is automatically added to the contribution amount shared by the Rider with the Driver.

 

Transfer

An escrow account is made available to the Driver by Wingz. When a Rider makes a reservation, the money paid by the Rider is held by Wingz until it is released to the Driver after the trip. To transfer funds into his or her bank account, the Driver places a transfer request.

 

Ride Cancellation

Riders agree that if Rider cancels a ride request on the Wingz Platform less than 2 hours before ride pickup time, or fail to show up for your ride in a timely manner, Rider agrees to pay a “Cancellation Fee” as provided by Wingz’ Cancellation Policy at http://help.wingz.me/hc/en-us/articles/205124269-Can-I-cancel-my-ride- .

 

Driver Payments

Payment processing services for Driver Clients on Wingz’ platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Driver Client on Wingz’ platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Wingz enabling payment processing services through Stripe, you agree to provide Wingz accurate and complete information about you and your business, and you authorize Wingz to share it and transaction information related to your use of the payment processing services provided by Stripe.

DRIVERS OBLIGATIONS

By using the Service, a Driver agrees the following:

• Driver is at least 21 years of age.

• Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses.

• Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Riders.

• Driver has a valid liability insurance policy (with coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Riders.

• Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.

• In the event of a motor vehicle accident Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with Driver’s insurance carrier.

• Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.

• Driver will only accept Riders using the vehicle that is reported in the Wingz Driver’s profile.

LIABILITY

IN NO EVENT WILL WINGZ, INC., OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH WINGZ, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF WINGZ OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF WINGZ OR THE SERVICES, OR INTRODUCED TO YOU VIA WINGZ OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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.

 

Release

In the event that you have a dispute with one or more users, you agree to release Wingz (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of Wingz or the Services.

 

Breach

Without limiting other remedies, we may terminate your user account, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent activity in connection with Wingz or the Services.

 

Resolution of disputes and legal claims

You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to Wingz and/or the Services (including Your use of Wingz and/or the Services) be instituted more than three (3) years after the cause of action arose.

 

No agency

The User and Wingz are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

 

General

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wingz, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.

 

Wingz e-mail and text communications

E-mail communications and text messages sent by Wingz are intended to make the Wingz experience more efficient. By becoming a Member, you understand and agree to receiving e-mail Wingz communications and text messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages sent. If you do not wish to receive any of our e-mail communications or text messages, please do not use the Wingz Services.

 

Other Disclaimers

We, our subsidiaries, officers, directors, employees and our suppliers provide Wingz and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of Wingz and/or the Services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of Wingz or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on Wingz or in connection with the Service, whether posted or caused by Users of the Wingz, by Wingz, by third parties or by any of the equipment or programming associated with or utilized in Wingz or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on Wingz and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on Wingz or in connection with any Content. Wingz is not responsible for the conduct, whether online or offline, of any user of Wingz or Services. It also is possible for others to obtain personal information about You due to Your use of Wingz or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on Wingz or through the Services. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on Wingz or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). Wingz only offers a venue that enables drivers and riders to match with each other. Wingz does not offer transportation services and Wingz is not a transportation company. We are not involved in the actual transportation services between Drivers and Riders. As a result, we have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do we have any control over the truth or accuracy of the of Participants’ information listed on Wingz. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in Wingz and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wingz or Wingz.  Wingz and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Wingz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Wingz is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on Wingz, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

 

Online content disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, Users remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that users post in the public areas of the Services and in users’ private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between users and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.  Wingz contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through Wingz or any Third Party Applications, Software or Content posted on, available through or installed from Wingz, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave Wingz and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Please review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from Wingz or relating to any applications you use or install from Wingz.

 

MISCELLANEOUS

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Force Majeure

Wingz cannot be held liable for any breach of its obligations under these terms due to developments beyond its control and/or resulting from a force majeure. Cases of force majeure include, in addition to cases accepted by the courts, electrical and technical problems from external parties preventing communication.

 

In Case of Disputes

These site terms and your use of our site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to Wingz Services (including use of Wingz Services) be instituted more than three (3) years after the cause of action arose.

 

Questions and Contact information

For any questions, comments or complaints please contact us via email at ask@wingz.com

The Wingz Team will be happy to help and to get your feedback