And End User License Agreement (“EULA”)
The Bid Drivers app is similar in some ways to rideshare, but used to transport cargo instead of people. With this simple to use app, people can quickly post delivery or moving requests and find and hire a truck driver based on criteria such as bid price, in-app reviews, proximity, licenses held or driver profile. Drivers receive notices about and can bid on shipments within their chosen radius. Drivers work directly for Shippers, set their own rates and are able to receive the full amount of their bid. The use of phone data is required. Wireless internet should be turned off when using the app.
Definitions 1.1 The following words and phrases as used in this Agreement shall have the meaning as set forth herein. (a)“Bid Drivers” means Bid Drivers, LLC a Texas limited liability company. (b)“We”, “Us, or “Our” means and refers to Bid Drivers. (c)“App” means the Bid Drivers mobile application available for download to your Android™ or Apple™ smartphone. (d)“Site” or “Website” means the Bid Drivers internet website located at BidDrivers.com. (e)“Bid Drivers Platform” means the App, Website, and/or other online products, services, and information available from or through Bid Drivers. (f)“You” and “Yours” and “User” and “Users” means any person or entity who makes any access and/or any use of any part or portion of the Bid Drivers Platform. (g)“Shipper” means a Person seeking to find and negotiate directly with a Driver to arrange the transport of Property to another location for a fee paid by Shipper to Driver. A Shipper can also be a Broker with shipping authority that is responsible for procuring shipment and delivery for other Shippers and Receivers. (Note: Shippers are not the agents, employees, or contractors of Bid Drivers, and Bid Drivers assumes no responsibility for the actions of either Shippers or Drivers). (h)“Driver” means a person who is acting solely as a self-employed independent contractor, and who is seeking to find a Shipper willing to hire them to transport the Shipper’s Property for a fee to be paid by Shipper to Driver. (Note: Bid Drivers does not make any payments to Drivers. Payments by Shippers go directly to the Drivers they hire, and such payments do not at any time pass through the accounts or control of Bid Drivers. Drivers are not the agents, employees, or contractors of Bid Drivers, and Bid Drivers assumes no responsibility for the actions of either Shippers or Drivers). (i)“Person” means a natural person or an entity (e.g., a sole proprietorship, partnership, limited liability company, corporation, or trust). (j)“Terms” or “Agreement” means and refers to this agreement and binding including all its provisions and covenants between You and Bid Drivers. (k) “Property” means and refers to property personally owned by the Shipper or property that the Shipper has proper legal authority to arrange transportation for. (l) “Smartphone Platform” refers to any mobile phone platform where Bid Drivers can be downloaded. (m) “Service” or “Services” means any task or tasks provided by Drivers acting as sole proprietors or any other business entity.
Description Of The Bid Drivers Platform 2.1 The Bid Drivers Platform provides an internet location (i.e. an internet marketplace or meeting spot), App, Website, and/or other online products, functionality, and information which allows Shippers looking for a Driver with a truck, cargo trailer, or other cargo-friendly vehicle to find willing Drivers able to help them transport Property from one location to another. Shippers use the App and its tools to describe the cargo to be transported, level of help needed with loading and unload, and other particulars for the job, and Drivers then use the App and its tools to bid the price they would charge to provide the described transportation and services. Instructions are provided in the Bid Drivers Platform and should be followed. 2.2 The Shipper then selects one of the bidding Drivers and makes a payment. After this step, the Shipper and Driver will be able to communicate with each other via phone or text to go over any details such as scheduling. The Shipper's payment to the Driver is designed to be held by the Shipper's bank for up to 7 days pending confirmation of delivery. 2.3 The App and its specialized tools also allows Shippers to submit reviews on a Driver’s services, to research past reviews on Drivers, to view Driver profiles, to arrange either ASAP pick up (or a pick up date and time range) for the items to be transported, to make secure payment online using Stripe (our payment processor), and then track the location of a Driver and their shipment. (Tracking of Driver's location is only available when the Driver is in GPS range, has GPS turned on and is using the Bid Drivers app to navigate the delivery to the addresses within the App). Shippers are also welcome to follow Driver in another vehicle. The bid amount that the Shipper sees will include both the amount requested by Driver plus the (currently 18%) add-on App fee paid to Bid Drivers for its work in providing or making available the smartphone application, internet location, payment of credit card processing fees, specialized tools, smartphone applications, maintenance of the database and other administrative responsibilities. 2.4 The Bid Drivers Platform allows Drivers to find Shippers within a set radius in miles or kilometers. This radius can be changed for each Driver as often as that Driver may wish. Drivers may choose those requests for bids to which they wish to reply. 2.5 The Bid Drivers App is designed to give the Driver the full amount of their bid as payment once delivery is confirmed. As a result of Stripe rounding down certain fraction of a cent fees, the Driver may also receive an extra penny. 2.6 Phone data is required to properly use the App. Your phone's wireless internet should be turned off while actively using Bid Drivers to prevent errors and malfunctions. If cannot get a decent phone signal in a particular area, you may need to use this App from another location. 2.7 Instructions and other documents contained at the BidDrivers.com website may contain additional information about the Bid Drivers Platform. ARTICLE 3
3.5 Representations And Warranties Of Drivers: (a)Driver represents that they are knowledgeable of, and following all national, state or local laws or regulations and that they are properly licensed to do the job in their area and in any other areas they will be passing through during the shipment. (b)Driver represents that they are able to do the shipment safely, legally and without causing a hazard to the contents, to himself, to his truck or to other drivers. 3.6 Creating Accounts: (a)When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Bid Drivers Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. You further represent and warrant that you will update and keep current, accurate, truthful and complete all such information for so long as you have an account with Bid Drivers and access to use the Bid Drivers Platform. Bid Drivers reserves the right to deny any account at our discretion. (b) You must be at least 18 years old to use this app. Anyone under 18 that is discovered to be using the app will be promptly removed. Please notify Bid Drivers if you are aware of underage use. 3.7 Payment for Services: (a)The Shipper must provide credit card information to submit a Request. The Shipper is responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. The Services Fee already includes a 18% fee to Bid Drivers. For details on what that fee is used for, see paragraph 2.4. (b)Once you and the Driver have verified that the Services are completed, press the “Confirm Delivery” button to release payment to the Driver. The Driver is encouraged to take before and after photos of the item or items moved to use as documentation. See paragraph 3.12 for information regarding disputes between Shipper and Driver. (c)You agree to make all payments to the Driver through the Bid Drivers Platform and will not pay any Driver in cash or means other than directly through the Bid Drivers Platform. (Note: This item does not prohibit paying the Driver a cash “tip” provided the “tip” payment is not used as a means to avoid paying the full price for services rendered through the Bid Driver Platform). 3.8 Canceling a Request: (a)When canceling a shipment, Shipper should give as much notice as possible. Phone or text communication prior to your actual cancellation within the App is preferred. You will receive a refund to your credit card which takes time. It is best to work things out with your original Driver, if possible. (b) If a Driver needs to cancel or reschedule a shipment, they should contact the Shipper directly via phone call, text or email so that the Shipper is not inconvenienced and can make other plans if necessary. (c) Frequent cancellations by Shipper or Driver may result in loss of App privileges.
3.10Prohibited Use of the Bid Drivers Platform: (a)You may not post or otherwise make available on or through the Bid Drivers Platform any of the following: (i)Private information of any other person(s) (including names, email addresses, phone numbers, Social Security numbers and financial information); (ii)Content that is libelous, defamatory, abusive, offensive or hateful; (iii)Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence; (iv)Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense; (v)Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others; (vi)Viruses, corrupted data or other harmful, disruptive or destructive files or code; (vii)Content that, in Bid Drivers’ judgment, is objectionable, may restrict or inhibit another from enjoying the Bid Drivers Platform or may expose Bid Drivers or users of the Bid Drivers Platform to harm or liability of any type; and/or (viii)Content that you are contractually or legally required to keep confidential. (b)Also, you may not do any of the following in connection with the Bid Drivers Platform or other users: (i)Use the Bid Drivers Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Bid Drivers Platform or that could damage, disable, overburden or impair (ii)Collect any unauthorized personal information about other users (iii)Intimidate, threaten, stalk, bully or otherwise harass other users; (iv)Post spam or commercial messages through the Bid Drivers Platform; the functioning of the Bid Drivers Platform; (v)Create an account or submit a Request if you are not of legal age to enter into contractual agreements in your area; (vi)Use the Bid Drivers Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or unsafe or that violates these Terms; or (vii)Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Bid Drivers Platform, its users, or third parties. 3.11Use Of Bid Drivers Platform Is At Your Own Risk: (a)Your use of the Bid Drivers Platform is at your own risk. Bid Drivers is not responsible or liable for the conduct of, or your interactions with, any Drivers or other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Bid Drivers is not liable for the content of any information exchanged through the Bid Drivers Platform. Although Bid Drivers has no obligation to screen, edit, or monitor such exchanges of information, Bid Drivers reserves the right, and has the discretion, to screen, edit, or remove any information and/or user, at any time or for any reason, without notice. It is the responsibility of Shippers and Drivers to use proper judgment when dealing with other App users and special care when loading, transporting or unloading items with the highest emphasis on safety. (b) Do not use Bid Drivers App to transport anything irreplaceable or priceless. (c) You agree that Bid Drivers App is not responsible for any sort of damages to your phone, or data.
3.28 Contact Us:
If you have any questions about these Terms, please email us at support@BidDrivers.com or send a letter to:
Bid Drivers, LLC.
112 W. Hopkins St.
San Marcos, TX 78666 USA
Copyright © 2018 Bid Drivers - All Rights Reserved.