Tranzyt Terms of Service
Effective Date: January 1, 2019
These Terms and Conditions (“T&C “) set forth the terms and conditions Tranzyt, LLC, (Hereafter “Tranzyt”, “Tranzyt App” or “App”) requires you to accept if you want to use or receive any Tranzyt services (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services and/or App. The T&C stated or referenced herein constitute a legal agreement between you and Tranzyt. By using or receiving any Services, or downloading, installing or using any App, you hereby expressly acknowledge and agree to be bound by the T&C contained herein, and any future amendments and additions to these T&C as published from time to time at www.tranzyt.app/terms or through our Services. Upon such using or receiving our Services or App you become a “User” of Tranzyt’s Services and App, whether as a “Driver” or a “Senders/Receivers“ (collectively, Driver(s) and Senders/Receivers are also the “Parties”), as further described herein.
You may only access the Services using the App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile (“Device”). Tranzyt is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. Tranzyt reserves the right to terminate your account of our Services or App if you do so with an incompatible or unauthorized Device.
1. Accepting These Terms
By entering into this Agreement, and/or by using or accessing the Tranzyt Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 34 below) and accept all of its terms.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TRANZYT PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE TRANZYT PLATFORM.
2. Modification to The Agreement
Tranzyt reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or App at any time, effective upon posting of an updated version of the T&C on our website www.tranzyt.app and on our App. Tranzyt will use reasonable efforts to inform its Users of material changes via email, but you are still responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or App after any updates shall constitute your consent to such all changes to the T&C contained in such update.
3. Description of The Tranzyt Platform
The Tranzyt App and Services provide a matching between those (individuals and/or businesses) who seek movements of packages and/or items with someone to pick-up, and deliver personal property and goods to certain destinations, the Senders/Receivers, (Parties) and those individuals seeking to perform pick-up, and delivery services, the Driver.
The performance of pick-up, and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, and delivered by a Driver, are collectively referred to as a “Item(s)”. Drivers and Senders/Receivers together are also referred to as “Users“or Parties.
Our App and Services connect third party Drivers who want to deliver Items for third party Senders/Receivers (Parties), and give Senders/Receivers (Parties) an option for Senders/Receivers (Parties) is to request a delivery from a Driver who has been selected by Tranzyt are driving to or through those destinations and/or schedule their item(s) pick-up and delivery. Drivers are self-employed/independent contractors who choose to make deliveries for Senders/Receivers (Parties) requesting a Driver on our App. Tranzyt does not control whether a Driver chooses to accept or reject the Senders/Receivers (Parties) requests on our App.
Accepting deliveries requests through the Tranzyt platform does preclude a Driver from providing delivery services under another platform at the same time while the Driver is Online Delivering an item using our App and Services.
4. Tranzyt Not Responsible for Performance of its Drivers or its Senders/Receivers (Parties)
Our Services and App enable connections between our Senders/Receivers (Parties) to request a delivery service; however Tranzyt has no control over and is not responsible for the performance, actions or inactions of any Driver or User, whether identified through our Services, our App, in public, private, or offline interactions, or otherwise. That’s why we rely on You, our Senders/Receivers (Parties), to follow some rules to keep the Tranzyt community safe, friendly and helpful for all.
Most importantly, you need to know that every time you use the App or Services, you expressly agree, represent and warrant that, at the time of each such use:
- You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these T&C and to fulfill its complete terms and conditions.
- Your use of the App or Services is for your sole, personal use and you will not resell either to a third party.
- You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age. If you are not the required age you must not use the App and Services.
- You will only create one User account (Personal or Business can be under one account).
- You will keep secure and confidential your account password or any identification we provide you which allows access to our App or Services.
- You will provide Tranzyt with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Tranzyt.
- You will not represent yourself to be an agent, representative, employee or affiliate of Tranzyt.
- You will only use the Services or App for lawful purposes and in accordance with all applicable federal, state and local laws and regulations.
- You will not use the Services or App for sending, receiving or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will not collect or store any information about any other Party.
- You will not use any information about any other Party other than as strictly needed during the performance of delivery.
- You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third party, including other Senders/Receivers Parties.
- You will not copy, or distribute the App or text, graphics, images, music, software, audio, video, information or other like materials related to the Services or App (“Content“) without written permission from Tranzyt.
- You will not use our Services or App in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or App.
- You will not infringe the rights of any third party (including other Senders/Receivers (Parties) and including, intellectual property, privacy, publicity or contractual rights.
- You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which You may become aware as a User of the Services or App, except as necessary to carry out and perform under these T&Cs.
- You will not assist any third-party in any of the above.
SENDERS SHOULD ALWAYS CHECK A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR ITEM.
5. Non-Discrimination Policy
Tranzyt and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law.
Tranzyt wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.
Such discrimination includes, but is not limited to, intentionally refusing or canceling Deliveries solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
6. Respect Others Policy
Tranzyt prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening or harassing behavior toward others, including without limitation:
- Hitting, hurting, or intending to hurt any person, or threatening to do the same.
- Using language or making gestures that could be disrespectful, harassing or threatening.
- Sexual assault or sexual harassment or misconduct of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
- Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.
7. Sender/Receiver Background Screening
Tranzyt does not presently conduct Background Checks or screening on any Senders/Receivers (Party) for the purposes of allowing them to use our App or Services. However, Tranzyt reserves the right to begin conducting such checks and screening of all Users, including Senders/Receivers, as it deems appropriate in its sole discretion. Any screening or Background Check process is not a substitute for your good judgment when interacting with other Drivers, Senders/Receivers, Parties. At all times during the use of our Services and App you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY USING OUR APP AND SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN ITEMS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
8. Driver Background Screening
All Drivers are required to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and “Background Check”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number and consent to Tranzyt having our CRA conduct a Background Check on you prior to allowing you to perform Deliveries, and thereafter as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law). The Tranzyt Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report, and does not include a credit check. The full details of what is needed to pass the Background Check and other details can be found in our Driver FAQs.
The Tranzyt Background Check is conducted by an independent third-party CRA, and Tranzyt has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check.
We do charge our Drivers for the Tranzyt Background Check Process expenses. Tranzyt asks that Drivers to bear the cost of the background check with our organization. After completing the background check process, Drivers will receive a complimentary copy of their background check report by email within 30 days of submission. We have found that when offered for free, we have a significant number of applicants that complete onboarding, but never do a single project. This increases our costs of operating the platform. By asking drivers to share the cost, we are ensuring that only drivers that are truly interested in accepting Tranzyt delivery requests move forward. We eliminate the cost of onboarding applicants that are not committed and those savings are put back into our platform. This is one of the reasons Tranzyt is able to offer up to $18- $45 an hour when most of our competitors average $18 an hour.
The background check fee is $30 or $150 if you have lived in the state of. In 2019, New York raised the prices of records requests in their state. Unfortunately, the high cost of conducting a background check in the state of New York requires us to charge a higher amount if you are a current or past resident of the state. Unfortunately, Tranzyt is not able to refund failed background checks.
ALL APPLICANTS MUST READ CAREFULLY BEFORE STARTING THEIR APPLICATION:
In order to become a Tranzyt driver, all applicants must pass a background check. To do so, please make sure you meet the following criteria:
- No felonies or violent misdemeanors within the past 7 to 10 years.
- No convictions in regards to driving for speeding, hit-and-run, or reckless driving.
- No drug related violation within the past 7 years.
- No more than 3 minor traffic violations.
If you have any of the stated above, we advice you to not go on with the application as your application will be denied.
If you have any felonies or multiple violent misdemeanors that are older than 7 years old, please contact the Tranzyt team to confirm it will be allowed before continuing with your application. You can contact us via our help email at email@example.com.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE DELIVERY IS COMPLETE.
TEXTING, CALLING, VISITING, OR TRYING TO VISIT SOMEONE IN PERSON AFTER THE DELIVERY HAS BEEN COMPLETED IS NOT ALLOWED.
PLEASE CONTACT TRANZYT IMMEDIATELY IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN YOUR DELIVERY.
Keeping the Tranzyt Community safe, friendly and helpful for all means that all Users of our Platform (Service) have a responsibility to treat each other with respect and dignity. That is why Tranzyt strictly enforces its Non-Discrimination and Respect Others Policies as set forth below.
9. Driver’s Obligations with Respect to Confidential Information
During the performance of Deliveries, Drivers will, or may, have access to the “Confidential Information” of many third-parties, including without limitation, the Confidential Information of Tranzyt, Senders/Receivers. “Confidential Information” means all information, whether oral, written, whether given via the Services, App, electronic media or otherwise, to which a Driver is given access to, or is made available to the Driver in connection with the performance of Deliveries, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”). Confidential Information shall include, without limitation, all information regarding Tranzyt’s personnel or customer information of Tranzyt and/or Parties of which a Driver becomes aware.
Tranzyt and Drivers must respect the need for protection of Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the platform and the Driver shall be prosecuted to the fullest extent of the law.
10. Personally Identifiable Information
Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available - in any medium and from any source - that, when combined with other available information, could be used to identify an individual. Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Items.
11. Protected Health Information
If a Driver delivers Items containing prescriptions, medicines or other medical documents, the Driver has access to Protected Health Information. Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Items. In addition, these Drivers and must comply with all federal, state and local laws, including the Health Insurance Portability and Accountability Act, as amended, and all regulations and agency guidance applicable to “business associates”. To learn more about complying with these regulations, please clink on the below link: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/business-associates/index.html
Other Driver’s Responsibilities
Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Services via the Tranzyt App, Tranzyt does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or may be advisable, to perform services via the Tranzyt App. Many states require a Driver to be a certain age, and have permits and/or licenses to carry certain Items. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes.
Drivers also need to know that Tranzyt does not provide health insurance, worker’s compensation insurance, or any other compensation or benefits to Drivers if they are hurt or injured while performing a Delivery and all Drivers are required to have adequate health insurance prior to performing a Delivery.
It is a Driver’s responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to accepting Deliveries.
You expressly acknowledge that Tranzyt does not provide automobile liability or health insurance to Drivers and is not responsible for paying for any liability that may arise from a Driver’s performance of a Delivery, including any bodily injury or damage to property caused by or to the Driver while on a Delivery (Online on our App).
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL ITEMS CONTAINED IN DELIVERY.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU ACCEPT THE DELIVERY REQUEST.
TRANZYT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDERS/RECEIVERS (PARTY) NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON.
12. Prohibited Items
Senders/Receivers (Parties) are prohibited from including in any Item, and all Drivers are prohibited from knowingly accepting, picking-up, or delivering any Item containing the following “Prohibited Items”: Here's a quick list of things that cannot be included in any item:
- Any live animals.
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
- Marijuana, as that term is defined by 21 U.S.C. § 802(16), including marijuana intended for medicinal use.
- Any prescription or over the counter medicine.
- Coins, currency, postage stamps, negotiable instruments, or money orders.
- Anything illegal including, without limitation, recreational drugs and other contraband.
- Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
- Any “Hazardous Material” not including those Hazardous Materials in small or excepted quantities as defined in 49 C.F.R.
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R., or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
ANY DRIVER DISCOVERING A PROHIBITED ITEM SHALL IMMEDIATELY NOTIFY THE TRANZYT SUPPORT HROUGH THE APP OR AT SUPPORT@TRANZYT.APP FOR FURTHER DIRECTION.
13. Senders Visible Item and/or Open Box Policy
Tranzyt encourages the use of minimal packaging both to help our environment and so our Drivers know what items they are taking along in their vehicles. When packaging is required or desired, Tranzyt supports and strongly encourages its Drivers and Senders/Receivers to always use an Open Box Policy.
Tranzyt’s Visible Item and/or Open Box Policy means our Senders/Receivers should always leave packaging open and visible so that a Driver may inspect and check the contents before leaving with the Item. If a Senders/Receivers doesn’t leave the packaging open, a Driver always has the right to require a Sender/Receiver to open packaging to inspect and check item before receiving the Item.
14. New in Box Items
If all or part of the Item contains new-in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect and check, a Driver has the responsibility to inspect the outside of the packaging, note any damage (it is easiest to take a picture and send it to firstname.lastname@example.org and wait for the Tranzyt’s support on what to do next with the damaged Item.
No matter whether the Item is pre-packaged or open for inspection, if a Driver does not note any damage to an item while picking the Item up, it will be assumed that the damage will have been caused while in the Driver’s possession and THE DRIVER WILL BE LIABLE THEREFOR.
A Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Delivery without penalty if a Sender does not allow you to inspect or gives you a hard time about asking to inspect the Item as required by Tranzyt.
15. Packing Items
Senders have the responsibility to ensure that no or minimal packaging is proper for the item being sent. Tranzyt is not liable for loss or damage to any Item if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the Item, in the sole discretion of the Sender. Tranzyt cannot know what packaging is necessary for any Item you send. Please use your common sense when packing your Item. It is a requirement of receiving reimbursement from the Tranzyt Protection Plan that you adequately package your Item. Tranzyt has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
16. Goods Protection Plan
Tranzyt wants you to feel confident that your Item is in good hands. The Tranzyt Protection Plan will reimburse a Sender for loss or damage arising from theft or property damage to our Senders’ Items of personal property during transit and arising directly from a Driver’s negligence, up to a maximum of $500.00 per Item/Delivery.
To qualify for the Tranzyt Protection Plan, the Sender/Receiver (Parties) must declare the value of all items in the Delivery and comply with Tranzyt’s other requirements when initiating the Item Details in the App, including adding a picture of all items included in the Delivery. The Sender must complete a claim form via the App and provide to Tranzyt both any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report.
Tranzyt will have no liability to a Sender, and no responsibility to pay on a Sender’s claim, if the Sender does not cooperate with Tranzyt in investigating the claim.
Please note that Goods Protection Plan only applies to the goods being transported.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR ITEM OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH ITEM, TRANZYT’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE, INCLUDING INDIRECT AND CONSEQUENTIAL LOSSES, TO ANY OR ALL ITEMS IS $500.00.
17. Limits on Recovery
The Tranzyt Protection Plan limits a Sender’s recovery for loss or damage to certain items and these limits apply. If your Item contains one of the items below, Tranzyt’s maximum obligation to you for loss or damage to such item is as follows:
- Coins, currency, postage stamps, negotiable instruments, money orders. No Reimbursement.
- Phone Cards, Tickets, Gift Cards, and Similar Cards: Tranzyt’s liability is limited to the cost of replacing the physical card, certificate, or printed matter. As with checks, Tranzyt is not liable for the face value of any card, gift certificate, coupon, or similar printed matter. Reimbursement not to exceed $100 per Item and $500 in the aggregate.
- Perishable Items: Perishable items are covered under the Tranzyt Protection Plan, unless the loss or damage of a perishable item is directly or indirectly due to the packaging of the item or any spoiling or degradation of the item (unless the spoiling is due to the Driver’s misconduct, negligence or failure to accomplish Item within the time set forth in the request). Reimbursement not to exceed $500 per Item/Delivery.
- Media: Tranzyt liability for loss or damage to a Delivery containing media, such as documents, film, or photographs, is limited to the replacement cost of the media on which the content is recorded, not to exceed $500 for all lost media in one Delivery.
- Heirlooms, Antiques, One-of-a-Kind: Sender must provide proof of actual value. This proof may come in the form of an invoice, sales receipt, appraisal, or value of a “like” item that can be verified. Tranzyt cannot and will not reimburse for “sentimental value” or any other related damages related. Reimbursement not to exceed $100 per Item and $500 for all Items in one Delivery.
- Unopened, new-in-box consumer electronics: Reimbursement not to exceed $500 per Item and for all Items in one Delivery, provided that there is significant visible damage to the packaging of the item, which occurred while in the Driver’s possession.
- Used Electronics: “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
- Prohibited Item: No Reimbursement.
Senders sending any item(s) with a value exceeding Tranzyt’s maximum coverage do so at their own risk. Tranzyt will not reimburse any Sender for any Item or the item(s) in the Delivery in excess of Tranzyt’s maximum limits, no matter the item(s) actual value and no matter.
THE TRANZYT PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEM AND UNDER NO CIRCUMSTANCES WILL TRANZYT REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM.
18. Filing a Claim Related to Damaged Items
A Sender/Receiver (Parties), you must file a claim within two business days of the Item being delivered. To file a claim:
- Collect proof of value documentation for the items that are part of the claim.
- Collect pictures of the items that are part of the claim.
- For a claim related to damaged items, obtain and keep the damaged items. If Tranzyt pays out on a claim, Tranzyt will need to collect the items.
- Fill out all fields on the claim form.
- Submit the completed claim form, proof of value documentation, and all pictures of the damaged items via the App.
Most claims will be resolved with seven (7) business days after we receive your completed claim form and supporting documentation. Tranzyt will notify you of its decision and the amount to be paid to you. After you sign a simple release, Tranzyt will issue you a check or replace the Item for you, all at Tranzyt’s option. That decision is final and cannot be appealed.
Proof of Item Value
A Sender must prove the value of the Item in the Delivery subject to the claim, regardless of the value declared. Tranzyt will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the Item subject to the claim.
Additionally, a Sender must provide all packaging used in the packing of the Items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an Item, the Sender must also provide a satisfactory police report with respect to the lost item when submitting a claim.
Repairing or Replacing an Item
When repairing or replacing Items, Tranzyt can reimburse the Sender in the following ways:
- The lowest price paid for the item
- The replacement cost of the item at the time and place of loss or damage
- The cost of repairing the damaged item
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items as not repairable, Tranzyt will pay the actual or replacement value up to the maximum liability under the Tranzyt Protection Plan.
Remember, you must submit all repair quotes as part of the claims process. While Tranzyt may pay the cost of repair, it is the Sender’s responsibility to have the Item repaired.
Loss or Damage to Limited Part of Items
In the event of loss or damage to a set of Items, Tranzyt is only liable to the value of the part of the set that is lost or damaged. Tranzyt is not liable for the value of the whole pair or set. In the event of loss or damage to any part of an Item (including any part of a machine) that consists of several parts, Tranzyt is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Tranzyt be liable for the value of the complete item.
Third-Party Claims Providers
Tranzyt may use a third-party provider to manage the claims process. In cases of damage to a Tranzyt Item, Tranzyt (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
You acknowledge and agree that outside of the Tranzyt Protection Plan Tranzyt does not have control over, and has no responsibility for, any damage to the content(s) of an Item and that a Driver is solely responsible to a Sender therefor.
19. Cancellation - Sender/Receiver (Parties)
A fee may apply If you cancel 3 minutes after the driver accepted your delivery request. If a Sender/Receiver (Parties) need or want to cancel a Delivery Request, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other requests from other Parties. To cancel a Delivery Request, tap Cancel on the Details Screen within the Tranzyt App.
When a Sender/Receiver (Parties) Cancels or a No-Show. Tranzyt will charge a Sender/Receiver (Parties) $10 for each canceled Delivery Request and/or each no-show. A Delivery Request is deemed canceled if the Sender/Receiver (Parties) cancels 3 minutes after the driver accepted the delivery request (“Cancelation“). A Sender will be considered a no-show if the Sender/Receiver (Parties) drop offs the Item at the designated pick-up or drop-off location more than 8 minutes after the Driver arrived to the agreed pick-up location without contacting (calling/messaging) the Driver through the App. If either a Sender/Receiver (Parties) Cancelation or No-Show occurs, a $10 cancelation fee is automatically charged to the Sender/Receiver (Parties) account.
A Sender/Receiver (Parties) will not be charged a cancelation fee if they cancel (2 minutes after requesting a delivery or due to a Driver’s No-Show, or Cancelation.
20. Cancellation - Drivers
If a Driver needs or wants to cancel a Delivery Request, please cancel the Delivery Accepting as soon as possible. This will notify the Sender/Receiver (Parties) and allow them to Request another Driver to accept thier Delivery Request. To cancel the Delivery Accepting, tap Cancel on the Details Screen within the Tranzyt App, or contact Support in the Tranzyt App for immediate support.
When A Driver Cancels or a No-Show. As with the Sender/Receiver (Parties), a Delivery is deemed canceled if the Driver cancels the Delivery once accepting the Request. A Driver will be considered a No-Show if he/she fails to arrive to the agreed pick-up locations more than 10 minutes after Driver fails to arrive without contacting (calling/messaging) the Sender/Receiver through the App, whether or not Driver has contacted the Sender (“No-Show“). A Driver will not be charged a fee if they cancel a Delivery Request due to a Sender’s No-Show or if they cannot accept the Item due to restrictions in these T&C or other restrictions under applicable law.
21. Return a Package Request
We will charge an additional fee If Sender/Receiver (Parties) request the Driver to return the item back to the original pick-up location. A Receiver will be considered a no-show if the Sender/Receiver drop offs the Item at the designated drop-off or drop-off location more than 8 minutes after the Driver arrived to the agreed drop off location without contacting (calling/messaging) the Driver through the App.
If the driver is unable to reach the Receiver at the drop-off location, driver will contact the Sender to find out what he/she can do. An option is for the driver to wait an extra of time, or the Sender/Receiver (Parties) can request the driver to return the item back to the same pick-up location or to another location the Sender/Receiver (Parties) chooses. We will charge an additional fee for this return item request and wait time. Sender/Receiver can make an updates on their delivery like drop-off location, return item and Receiver info during their delivery still in transit via the App
If the Driver unable to reach either a Sender/Receiver (Parties) to complete the delivery, Tranzyt support will request the driver to return the item immediately to the Tranzyt office.
Sender/Receiver (Parties) will receive an update regarding their delivery status including a claim number via E-mail and SMS. Sender/Receiver (Parties) they can choose to deliver the item at a cost or pick it up from the Tranzyt office within 24 Hour.
If Sender/Receiver (Parties) didn't claim the Item(s), ITEM(S) WILL BE DESTROYED AFTER 2 DAYS.
22. Suspension and/or Deactivation and/or Permanent Termination of Accounts
Without limiting other remedies, Tranzyt may suspend, deactivate, and/or terminate your participation in the Services, remove your information from our data bases, and warn our community of your actions, if you breach the terms of the T&C or any Driver or Sender/Receiver (Parties) Agreement to which you are subject; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Users or Tranzyt, its affiliates, or third party providers, or subject Tranzyt or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Tranzyt Services or App.
ALL TRANZYT ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN TRANZYT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
Other actions that may lead to Tranzyt suspending, deactivating or terminating your account are:
- Canceling a Request and No-Shows
Tranzyt may suspend or deactivate your account upon your 3rd Cancelation or No Show.
- Negative Ratings
Tranzyt may suspend or deactivate a Driver’s account after the Driver’s overall rating falls below 3-stars based on the severity and frequency of poor ratings and performance.
- Goods Protection Plan Claims
Tranzyt may suspend or deactivate the account of a Driver or Sender/Receiver (Parties) if the Driver or Sender/Receiver (Parties) is the subject of (2) or more claims under the Tranzyt Protection Plan.
- Loss of Items
Tranzyt may suspend or deactivate the account of a Driver if the Driver completes (2) or more Deliveries with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in the Delivery.
- Fraudulent Activity, Shipments of Prohibited Items, Repeat Infringers
Tranzyt may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Item Details.
Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these T&C or any of our other terms or policies.
23. Inactive Accounts (Personal & Business)
TRANZYT RESERVES THE RIGHT TO TERMINATE ANY USER’S ACCOUNT THAT HAS BEEN INACTIVE FOR 120 DAYS. YOU CAN LOSE YOUR ACCOUNT AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APP OR ANY PORTION THEREOF, AND TRANZYT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APP OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR T&C, AND OTHER TERMS OR POLICIES.
Tranzyt may reactivate any Driver or Sender/Receiver (Parties) account suspended or deactivated by Tranzyt in its sole discretion.
25. Billing and Payment
Tranzyt is not and will not be a party to the agreements between Sender/Receiver (Parties) for a Driver to perform delivery services using our Services and App, including the Party’s agreement to pay the Driver. Therefore, all Users of our Services and App are required to provide their credit card or bank account details and such other information needed to vet the User to Tranzyt and the Payment Service Provider retained by Tranzyt (the “PSP”). By accepting these T&C, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Tranzyt is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
26. Billing for Services
Sender/Receiver (Parties) will be responsible for paying the invoice for each Delivery Requested for (the “Invoice”), which will include the pricing terms of the Delivery as agreed with and provided by Tranzyt App, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Tranzyt assesses for use of its Services and App (combined, the “Delivery Payment”). Any fees that Tranzyt may charge a Driver or Sender/Receiver (Party) for their use of the App or Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our App or Services either planned, accidental or intentional, or any reason whatsoever. Tranzyt reserves the right to determine final prevailing pricing and the pricing information published on the Tranzyt App may not reflect the current pricing.
Users of our Services and App will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and App or on any Delivery Payment received (other than taxes on the Tranzyt’s income).
27. Payment, Withholding and Release
If chosen, a Driver is solely responsible for completing delivery as agreed upon BEFORE being paid. After a Sender/Receiver (Party) receives confirmation through the Services and/or App that their Driver has completed the Delivery, the Sender/Receiver (Party) will authorize Tranzyt to provide the Sender/Receiver (Party’s) payment details to the PSP for processing of Delivery Payment. Tranzyt, in its sole discretion, may place a hold on a Driver’s Delivery Payment if the delivery is not provided expressly in accordance with the Sender/Receiver (Party’s) directions set forth in the App and request for Services, and the T&C, and/or Tranzyt determines it otherwise necessary or advisable to place a hold on such Delivery Payment, including without limitation if Tranzyt has any suspicion or reason to believe that a Driver or Sender/Receiver (Party) has breached these T&C, including, without limitation by
(1) sending or accepting items on the Prohibited Item list;
(2) establishing an account with Tranzyt or entering into a Delivery with the purpose of defrauding Tranzyt or any other party;
(3) using a stolen credit card or any other false information to establish an account with Tranzyt or pay for a Delivery;
(4) otherwise engaging in any questionable or fraudulent activity with respect to the Tranzyt Services or App.
Tranzyt will release the Delivery Payment to a Driver upon establishing the validity of the accounts and Deliveries under suspicion, in Tranzyt’s sole but reasonable discretion.
TRANZYT WILL NOT RELEASE PARTY’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE DELIVERY IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
YOU HEREBY GRANT TRANZYT PERMISSION THE RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE T&C (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
28. Disclaimer of Warranties and Limits on Tranzyt’s Liability to You
NEITHER TRANZYT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APP AND TRANZYT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE, INCLUDING ALL DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES, ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APP. BY USING THE SERVICES OR APP YOU THEREBY RELEASE TRANZYT, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APP OR THE CONDUCT OR MISCONDUCT OF A USER.
29. No Warranties
The Services and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Tranzyt to the maximum extent permitted by applicable law. Tranzyt makes no warranties or representations about the accuracy or completeness of any content provided through the Services or App or the content of any websites linked to the Services and App.
Tranzyt does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, App or any hyperlinked website or featured in any banner or other advertising and Tranzyt will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services, other than as provided herein.
Without limiting the foregoing, neither Tranzyt nor its affiliates or licensors warrant or guarantee:
- that access to the Services or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Services or App;
- that the Services or App, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the App, will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Services or App, or any information or materials provided through or in connection with the use of the Services and App;
- as to the completeness or content of any Delivery;
- that the Services or App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or App will be corrected; or
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
30. Limitations of Liability
TRANZYT EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APP. USE OF OUR SERVICES AND APP ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT TRANZYT IS ONLY WILLING TO PROVIDE THE SERVICES AND APP IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
TRANZYT CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PROVIDE OR COMPLETE A DELIVERY AND YOU EXPRESSLY WAIVE AND RELEASE TRANZYT FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OUR USERS OR DELIVERY. YOU ACKNOWLEDGE THAT USERS PROVIDING PICK-UP, AND DELIVERY SERVICES REQUESTED USING THE TRANZYT SERVICE AND APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. TRANZYT WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE TRANZYT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APP OR SERVICES, OR OTHERWISE.
THEREFORE, YOU AGREE NOT TO HOLD TRANZYT, ITS MEMBERS, AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR APP, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TRANZYT OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL TRANZYT, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APP, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES OR APP (INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
31. Intellectual Property
Tranzyt owns all intellectual property rights in and to the Services and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Services or App gives you no rights therein.
App and Services License
Tranzyt owns and retains ownership in the Tranzyt Services and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Tranzyt hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Tranzyt that replace and/or supplement the Tranzyt Services or App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Tranzyt reserves the right to stop offering and/or supporting our Services, App or any particular portion or part of our Services or App at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Tranzyt shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or App. You shall not
(1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way;
(2) modify or make derivative works based upon the Services or the App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
(3) reverse engineer or access the App to copy any ideas, features, functions or graphics of the Services or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or App, or otherwise;
(4) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App;
(5) attempt to gain unauthorized access to the App or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or App; or
(6) use our Services or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Licenses Granted by Tranzyt in Content
Subject to your compliance with the T&C, including without limitation Driver and Party Agreements, Tranzyt grants you a limited, non-exclusive, non-transferable license:
(1) to view, download and print any Content that Tranzyt makes available through the Services or App, including any Content licensed from a third party (“Tranzyt Content“), but excluding any Content that a Party requests or transmits to be made available through the Services or App, including any report a problem, contact us, feedback or other information about the Tranzyt Services or App (“User Content” and with Tranzyt Content collectively, “Collective Content“); and
(2) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Tranzyt above.
Tranzyt Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, App or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tranzyt or its licensors, except for the licenses and rights expressly granted in the T&C.
You agree that Tranzyt has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Tranzyt reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tranzyt, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or App.
License Granted by User
We may, in our sole discretion, permit Users to request a delivery or transmit User Content. By making available any User Content on or through the Services or App, you hereby grant to Tranzyt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Tranzyt shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Tranzyt claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or App. By making available any User Content, you represent and warrant that: (1) you are the sole and exclusive owner of all User Content that you make available or you have all right, license, consent and release that are required to grant to Tranzyt full rights in such User Content, as contemplated under the T&C; and (2) neither the User Content nor your requesting, publication, submission or transmittal of the User Content or Tranzyt’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Tranzyt respects copyright law and the intellectual property of others and expects its Users to do the same. Tranzyt will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on the Services or the App infringe upon your copyrights, please send the following information to Tranzyt’s Copyright Agent at email@example.com:
- A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Services, App or website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
- A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
- Your address, telephone number, and e-mail address;
- A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Third Party Interactions
During use of the App and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the App or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Tranzyt and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Tranzyt does not endorse any sites on the Internet that are linked through the Services or App, and in no event shall Tranzyt or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Tranzyt provides the App and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Tranzyt has no responsibility or liability arising from any agreements between you and such third party providers.
Tranzyt may rely on third party advertising and marketing supplied through the App or Services and other mechanisms to subsidize the App or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Tranzyt reserves the right to charge you a higher fee for the Services or App should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Tranzyt’s website located at www.tranzyt.app.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and App and must agree to receive SMS messages in order to use our Services and App. Sender/Receiver (Parties) will receive notifications and SMS messages updates regarding their Delivery, as determined by Tranzyt Message and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Tranzyt may be deactivated and you will need to re-enroll in the SMS notification service. Tranzyt reserves the right to cancel the notification service at any time.
Notices to You
Tranzyt may give Users general notice regarding the Services, the App, these T&C, Drivers or Sender/Receiver (Parties) Agreements via electronic mail to your email address on the record in Tranzyt’s account information. You may give notice to Tranzyt (such notice shall be deemed given when received by Tranzyt) at any time by email at firstname.lastname@example.org.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, including in any Driver or Sender/Receiver (Party) Agreement, as applicable, to any party without the prior written approval of Tranzyt in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services nor App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services and App, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Tranzyt or any third party provider as a result of a User entering into a Driver or Sender/Receiver (Party) Agreement or their use of the Services or App. If any provision of these T&C or any Driver or Sender/Receiver (Party) Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Tranzyt to enforce any right or provision in these T&C, any Driver or Sender/Receiver (Party) Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from Tranzyt in writing. Unless Tranzyt has entered into a separate written agreement with a User addressing their use of the Services and App, these T&C, and all terms, conditions and agreements referenced herein, including without limitation the Drivers and Senders/Receivers (Parties) Agreements and the Dispute Resolution/Arbitration Agreement, comprise the entire agreement between our Users and Tranzyt superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Tranzyt regarding a User’s use of the Tranzyt Application and Services.
32. Tranzyt Parties Agreement
This Senders/Receivers (Parties) Agreement is a part of Tranzyt’s Terms & Conditions (“T&C”) and is incorporated therein by this reference. By using our Services or App, each Sender/Receiver (Party) agrees, represents, warrants, acknowledges and agrees that:
- Sender/Receiver (Party) is at least 18 years of age and has all right and authority to lawfully use the Services or otherwise has the full right and authority to request the Delivery and send all items contained in a Delivery. Sender/Receiver (Party) will specifically item details, add photos of their item and disclose to the Driver, prior to the Driver accepting the Delivery Request, all items included in the Delivery will not include in any Delivery any “Prohibited Items” as listed in the T&C, whether consented to by a Driver or not. Sender/Receiver (Party) acknowledges and agrees that Tranzyt is not responsible for the contents or loss of any “Prohibited Item”. Tranzyt reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities. Sender/Receiver (Party) acknowledges and agrees to Tranzyt’s visible item and/or Open Box Policy will allow a Driver to visually inspect all items prior to departing and/or start the delivery.
- Sender/Receiver (Party) has the responsibility to properly pack all items, including sufficient to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws. Sender/Receiver (Party) acknowledges and agrees that the Tranzyt Protection Plan does NOT cover reimbursement for any loss or damage to any Item resulting from
(1) any breach of this Agreement or the T&C;
(2) sending any items on the “Prohibited Items” list; or
(3) inadequate packaging.
- Sender/Receiver (Party) acknowledges and agrees that the Tranzyt’s maximum liability under its Protection Plan is $500 per occurrence as set forth with particularity hereinabove
- Sender/Receiver (Party) will only request for or arrange a Delivery (or other similar services) with a Driver through Tranzyt’s Services and App and will not knowingly engage a Driver who has delivered an Item for Sender/Receiver (Party) prior to perform delivery services outside of the Tranzyt App.
- Sender/Receiver (Party) will not discriminate 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.
33. Tranzyt Drivers Agreement
This Tranzyt Drivers Agreement is a part of Tranzyt’s Terms and Conditions (“T&C”) located and is incorporated therein by this reference. By using our Services or App, each Driver agrees, represents, warrants, acknowledges and agrees that:
- Driver is a third-party independent contractor with respect to any and all Deliveries performed and is not and shall not be deemed to be an employee, agent or representative of Company. No services provided by Driver via the Tranzyt App nor any action taken pursuant to these T&Cs shall create an employment relationship between Tranzyt and Driver or Driver and any Sender/Receiver (Party). No Driver is entitled to any employment rights or benefits from, or sponsored by, Tranzyt or any Sender/Receiver (Party), including, without limitation, employee, pension, health or welfare benefit plans, programs or arrangements of Tranzyt, Sender/Receiver (Parties) or their affiliates or subsidiaries. Driver will not make any representations regarding Tranzyt, the Services or the App or his/her status as a Driver. Driver shall not have any right to enter into any contract or commitment in the name of, or on behalf of, or to bind Tranzyt or any Sender/Receiver (Party) in any respect whatsoever.
- Under NO circumstances may Driver provide delivery services via the Tranzyt platform in excess of 40 hours per calendar week. Driver shall be fully liable for, and shall first pay directly, or second reimburse, Tranzyt for any additional fees, charges or other obligation (monetary or otherwise) placed on Tranzyt, whether for overtime wages, employee benefits, workman’s compensation, or otherwise, if Driver breaches this provision. Driver hereby expressly agrees not to seek non-voluntary compensation from Tranzyt, a Sender/Receiver (Party) or any other third-party, and waives any rights to, and fully releases and indemnifies Tranzyt against, any claims against Tranzyt, a Sender/Receiver (Party) or any third party relating to benefits, overtime wages, or the like, in connection with Driver.
- Driver is at least 19 years of age and has all right and authority to lawfully provide the services agreed to when accepting a delivery request hereunder. Driver possesses a valid driver’s license, permits, approvals and authorizations to accept and complete a Delivery as agreed through the Services and the App and will not accept such Deliveries without possessing valid licenses, permits, approvals or authorizations for the same.
- Tranzyt provides 1099s to Drivers who earn $600.00 or more a year as required by IRS rules and regulations. Whether or not a Driver receives a 1099, Drivers are required to report all income earned from deliveries on their personal or business tax returns as applicable to the Driver.
- Driver owns, or has the legal right to operate, the vehicle used in a Delivery, and has a valid policy of auto liability insurance covering any vehicle used during a Delivery with coverage in types and amounts required by, or consistent with, all applicable legal requirements and industry standards (including without limitation commercial auto insurance when applicable) and is named or scheduled on the insurance policy. Any vehicle used during a Delivery shall meet all applicable industry safety standards and statutory, federal DOT and state department of motor vehicle requirements. Driver must have in his possession at all times during a Delivery proof of all required licenses and insurance. DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE USED DURING A DELIVERY, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES. Driver is responsible for and will make all necessary contacts with insurance carriers in the event of a motor vehicle accident or claims against a Driver’s insurance policy for damage or injury during a Delivery.
- All vehicles used by Driver during a Delivery shall be in good operating condition and, on the outside, clean and well maintained without material physical damage, and on the inside smoke at all times during the Delivery.
- Driver shall have a well-groomed appearance, and will not wear clothing displaying the logo or brand of any company or entity, whether or not belonging to such Driver’s employer, or other clothing, which could be deemed offensive. Drivers shall not smoke at any time during a Delivery. Drivers, while providing Services, shall not participate in any activities that will take the focus off their assigned responsibilities or be under the influence of any illegal drugs and/or alcohol.
- Drivers shall abide by all laws regarding talking or texting while driving.
- Drivers shall not enter Sender/Receiver (Party’s) home, solicit tips from Parties nor enter or access any secure, private or employee only areas in any place of business (including airports) while delivering an Item under any circumstances.
- Drivers are required to visually inspect Items prior to leaving with the Item and/or Start the delivery, and must take pictures of any visible damage. If Driver fails to inspect it is done at river’s own risk. Drivers will be held liable for property damage that occurs between pick up and drop off if no evidence of prior damage exists.
- Driver will not discriminate 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.
- Driver will not collect or store the name, address, phone number or other personal or confidential information of any Sender or Receiver and will not use any personal or confidential information of any Sender or Receiver except as necessary to perform and complete the performance of the Delivery.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON.
34. Dispute Resolution/Arbitration Agreement
- ARBITRATION OF CLAIMS: Should any “Covered Dispute” (as defined below) between or among any User (including but not limited to Drivers and Sender/Receiver (Parties) and/or Tranzyt (each a “Party”) not be resolved after 30 days discussion between the disputing Parties (or such longer time as may be mutually agreed upon), the disputing Parties agree to resolve such Covered Dispute as described in this Arbitration Provision. Except as it otherwise provides, this Arbitration Provision applies to any past, present or future dispute arising between the Parties.
This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and evidences a transaction involving commerce. Any dispute as to whether the Federal Arbitration Act applies to this Agreement and the integrated Arbitration Provision, including whether this Arbitration Provision is exempt from the Federal Arbitration Act as a matter of law, shall be resolved exclusively by a federal or state court of competent jurisdiction seated in the City and County of Philadelphia, Commonwealth of Pennsylvania, referred to hereinafter as the “Court of Competent Jurisdiction”. However, in all instances where the applicability of the Federal Arbitration Act depends in whole or in part on whether a Driver is properly classified as an independent contractor, that classification issue will be decided exclusively by an arbitrator in accordance with this Arbitration Provision. If the Federal Arbitration Act is found not to apply, the arbitration laws, whether statute or common law, of the Commonwealth of Pennsylvania shall apply to all Covered Disputes. The provisions of this Arbitration Provision shall remain in force after the Parties’ contractual relationship ends. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse any User or Tranzyt from utilizing any procedure for resolution of complaints established in the T&C, including without limitation Driver and Sender/Receiver (Party) Agreements, and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or any other forum other than arbitration, and requires all such disputes to be resolved on an individual basis and only by an arbitrator through final and binding arbitration and not by way of a court or jury trial, nor a proceeding before any other governmental body, and not by way of a class or collective action or proceeding.
CLAIMS COVERED BY ARBITRATION PROVISION: Unless excluded below (including without limitation in Section 1(C) and Section 2, below), claims involving the following disputes shall be subject to arbitration under this Arbitration Provision regardless of which Party (Driver, Sender/Receiver (Party), or Tranzyt) asserts a claim against another Party or any of its agents, employees, affiliates, successors, assigns, or subsidiaries (each of which are intended third party beneficiaries of this Arbitration Provision): (1) disputes arising out of, related to, subject to, or connected with this the T&C, including without limitation the Driver and Sender/Receiver (Party) Agreements; (2) disputes arising out of or related to the actual or any alleged relationship between or among Driver, Sender/Receiver (Party) and Tranzyt, including termination of the relationship and a Driver’s classification as an independent contractor; (3) disputes arising out of or relating to Driver’s performance of delivery services to Senders/Receivers (Parties); (4) disputes arising out of or relating to the interpretation or application of this Arbitration Provision, including the scope, enforceability, revocability, validity, or conscionability of the Arbitration Provision or any portion of this Arbitration Provision or whether the Arbitration Provision or any portion of the Arbitration Provision is void or voidable; (5) disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, meal or rest periods, expense reimbursement, uniform maintenance, training, termination, discrimination or harassment, (6) claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, the Rehabilitation Act, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 8 U.S.C. § 1324b (unfair immigration related practices), the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act, Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state or local statutes or regulations addressing the same or similar subject matters, and (7) all other federal, state or local statutory and legal claims (including without limitation torts) arising out of or relating to Driver’s relationship with Tranzyt and/or Sender/Receiver (Party) or the termination of that relationship (each a “Covered Dispute”).
Third-Party Beneficiaries to Arbitration Provision: Tranzyt, Driver, and Sender/Receiver (Party) also understand and agree that any Party with whom Driver selected with to perform delivery services to, as well as Tranzyt’s and Sender/Receiver Party’s agents, employees, affiliates, successors, assigns, subsidiaries and subcontractors, are intended third party beneficiaries of this Arbitration Provision; as is any third party administrator Tranzyt, Party and/or Driver used to administer the relationship or facilitate payment between Tranzyt, Sender/Receiver (Party) and Driver.
LIMITATIONS ON APPLICATION OF THIS ARBITRATION PROVISION: This Arbitration Provision does not apply to the following claims and such claims are not Covered Disputes: (1) claims related to damaged Items, (2) claims for workers compensation, state disability insurance, or unemployment insurance benefits; and (3) claims against Senders with separate written agreements addressing their use of the Services and App. This Arbitration Provision does not prevent a Driver from filing unfair labor practice charges with the National Labor Relations Board (www.nlrb.gov) Neither Tranzyt nor Party will retaliate against a Driver for filing such a charge. Nothing in this Arbitration Provision prevents a User from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Tranzyt and Party will not retaliate against Driver for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
ADDITIONAL CLAIMS: Driver, Tranzyt, or Party may apply to a federal or state court of competent jurisdiction in the City and County of Philadelphia, Commonwealth of Pennsylvania, (the “Court of Competent Jurisdiction”) for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this Arbitration Provision. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration. The following claims are also excluded from coverage by this Arbitration Provision: (1) claims that, as a matter of controlling federal law, may not be subject to a mandatory arbitration agreement; and (2) claims asserted in a class action or Fair Labor Standards Act (“FLSA”) collective action that, as of the date of Contractor’s use of the App, Driver joined by becoming a plaintiff or a member of a certified class, having consented as of that date to join a conditionally certified FLSA collective action.
ARBITRATION PROCEDURE: Unless otherwise stated in this Arbitration Provision, the American Arbitration Association (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) and the then in effect (available at www.adr.org or calling 1-800-778-7879) and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Provision.
- A Party who desires to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules and do so within the time required by applicable law.
- All arbitration will be conducted exclusively in the City and County of Philadelphia, Pennsylvania. If a Party’s claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents submitted by the disputing Parties to the arbitrator.
In arbitration, the Parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator. A Party or at a Party’s request the Arbitrator may subpoena witnesses and documents discovery purposes or for the arbitration hearing. Each Party shall pay the fees for its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law, as determined by the Arbitrator. Costs incidental to the arbitration, including the Arbitrator’s fees and costs for the meeting site (“Arbitration Costs”), will be borne by the Parties equally, unless otherwise required by applicable law. The Arbitrator may award any Party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a Party in his or her or its individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator shall issue a reasoned decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator if there is a dispute, neither a Party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties or order of the Arbitrator. A Party may file the Arbitrator’s decision or award in a Court of Competent Jurisdiction for the purpose of seeking confirmation, vacatur, modification or correction of that decision or award. A Court of Competent Jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
APPLICATION TO EXISTING CLAIMS AND CONTROVERSIES: This Arbitration Provision is intended broadly to apply to all controversies covered by this Provision regardless of whether arising before or after this Arbitration Provision becomes effective, and including any existing controversy, as is permitted under Section 2 of the Federal Arbitration Act or other applicable law.
RIGHT TO OPT-OUT OF ARBITRATION: This Arbitration Provision is not a mandatory component of T&C, including without limitation Driver and Sender/Receiver (Party) Agreements (if any) or a User’s contractual relationship with Tranzyt or Sender/Receiver (Party). If a User does not want to be subject to this Arbitration Provision, a User may opt out by notifying Tranzyt in writing of the User’s desire to opt out of this Arbitration Provision. To be effective, the writing indicating User’s intent to opt out must be dated, signed and submitted to Tranzyt within 30 days of such User’s execution / acceptance of this Agreement, by email to email@example.com or U.S. Mail to the Attention of the Legal Department, Tranzyt 2 South Glenwood, Clifton Heights, PA 19018. A User’s writing opting out of this Arbitration Provision will be filed with a copy of T&C, including without limitation Driver and Sender/Receiver (Party) Agreements and maintained by Tranzyt. If a User does not opt out of this Arbitration Provision within the thirty (30) day period, the User and Tranzyt will be bound by the terms of this Arbitration Provision.
RIGHT TO CONSULT WITH AN ATTORNEY: Agreeing to arbitration is an important business decision. Users have the right to consult with private counsel of such User’s choice with respect to any aspect of T&C, including without limitation Driver and Party Agreements, or any claim that may be subject to, this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
USERS AND TRANZYT ACKNOWLEDGE AND AGREE THAT SUCH USER AND TRANZYT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.