Legal Terms and Conditions
1. Our Relationship with You
Your use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and GoGo. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GoGo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on GoGo.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
GOGO may amend by posting.
GoGo may amend the Terms related to the Services from time to time. Amendments will be effective upon GoGo's posting of such updated Terms at GoGoGrandparent.com/terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. You are advised to view the latest Terms of Service as posted to the GoGo website--GoGoGRANDPARENT.com/terms.
2. The Services
The Services are as follows:
Level 1: Connecting you to a TNC. GoGo operates a computer program ("GoGo's Program", herein) that communicates (a) your desire for a ride and (b) your location, as expressed through DTMF tones generated by your flip phone, landline, or smartphone, to Lyft's or Uber's computer through API (Associate Programming Interface) Portals that these two TNC's have established and operate. As such,
1. we do not own or rent any vehicles involved,
2. we do not hire or contract with any drivers involved,
3. we do not contract with any companies that own or rent any vehicles involved or hire or contract with any drivers involved,
4. we do not contract with any companies that promise to deliver rides; and,
5. we, ourselves, do not promise that any particular ride will be delivered upon your request.
Through the use of GoGo's Program and system of phone operators, we will act as your representative on your behalf to attempt to obtain rides when requested by using GoGo's Program and system of operators as needed.
Computerized services such as GoGo's and the involved TNC's are not foolproof, and you must accept the risk that there may be things that happen that may result in a ride failure, such as, but not including: GoGo's Program may be offline, TNC's program may be offline, no driver may be available to or may want to accept the TNC's ride request to their pool of drivers, the accepting driver may get lost, frustrated, not read or remember what we’ve communicated to them or cancelled and the trip may not get reordered, the driver may get in an accident on the way to, or during a ride, etc.
Level 2: Interacting with the Driver and Equipment. After a driver (“Designated Driver”, herein) accepts the assignment through either Lyft or Uber (TNC's herein), you authorize us to act on your behalf to communicate with the Designated Driver through a specialized, temporary phone link provided by the TNC used (via voice, text message or email) to determine if they and their equipment meet your pre-specified transportation requirements (set up during or after you register with GoGo), and to aid in locating your position for the driver, and to advise the driver to correct his course if required, or for any other reason GoGo deems appropriate.
Level 3: Monitoring the Ride. You further authorize GoGo as your agent and on your behalf, to monitor your complete ride from start to finish and if GoGo deems it appropriate, to communicate with the Designated Driver or you, our client, to make sure the Designated Driver is meeting your specified conditions and requirements that you specify with us on or after your registration. During this phase of the ride, you authorize GoGo to communicate with persons you designate (“Loved Ones”, herein) to let them know the initiation, progress and conclusion or your ride.
Level 4: Conclusion of the Ride. Collection of fare and complaint procedures.
Pass Through of TNC's Charges. You further authorize GoGo to use its own funds or credit to advance to the TNC the cost of your ride, and to thereafter charge your credit card that you have placed on file with us to reimburse GoGo for the cost of same. Despite this method or order of payment, you agree to look to the TNC or its Designated Driver for any complaints or issues you may have with the ride services performed by the Designated Driver and/or the TNC. You authorize GoGo to file as your agent and on your behalf any complaints you may have with the TNC and to monitor and report to you their progress in evaluating and resolving said complaint.
Collection of our Fee: You further authorize GoGo to use the credit card you have placed on file with GoGo to charge and collect our fee for our Services hereinabove set forth at the rate schedule we have previously specified and posted on our website in effect on the date and time of your ride. In the event that you have any complaint or issue with the services provided by GoGo in connection with the ride, GoGo agrees that it will operate and maintain a responsive Complaint Department, and will receive your complaint through its Complaint Department, and work expeditiously to resolve same, and you agree to provide GoGo with sufficient information to permit the quick and proper resolution.
Consolidation of Charges on Single Invoice: You authorize GoGo to combine the total charges of the TNC and GoGo into a single credit card charge. GoGo agrees that it will advise you by written notice, email, or by voice of the separate charges of both the TNC and GoGo, and show the total of said charges.
Limitations on Service.
You acknowledge that GoGo is not itself a transportation provider, and specifically not an emergency transportation provider. You acknowledge that you will not use GoGo's service if you have a medical emergency.
You acknowledge that our relationship with you is that of a unilateral contract, to wit: GoGo does not have a duty to perform the level of services outlined above, but in the event we do, you are legally bound to pay for those services as identified herein above.
GoGo does not own or operate any vehicles, and is not an employer or contractor of any driver, and that GoGo does not contract with companies that own or operate vehicles, or employ, hire or contract with drivers.
You acknowledge that GoGo does not contract with Lyft or Uber or any other TNC to provide you rides, and that neither GoGo nor Lyft or Uber has any legal duty to provide you with a ride.
You acknowledge that GoGo is only acting on your behalf and as your agent and representative in performing the aforementioned Services and that it is not responsible if the TNC fails to provide a satisfactory driver and vehicle.
In the event of an accident that may occur during the ride (or immediately before or after), you acknowledge that GoGo does not carry separate insurance for property damage or personal injury that might occur during the ride, and that you are relying on the insurance required of the designated driver by Lyft and/or Uber.
In this regard, you indemnify GoGo and hold GoGo harmless from any damage or injury you may suffer for the failure of GoGo or a TNC to perform its duties.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to GoGo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or GoGo's termination of this Agreement with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by GoGo in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from GoGo or a TNC unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the TNC or to GoGo, or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
TNCs’ Terms and Conditions.
When, as a result of GoGo’s Services, a ride is provided, you agree to be bound by and be obligated by the Terms and Conditions of the TNC used for your ride in effect on the date the ride is taken, and authorize GoGo to accept those Terms and Conditions on your behalf. Such Transportation Network Company Terms and Conditions are incorporated herein as if set forth in full.
By creating an Account, you agree that GoGo may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
GoGo may, in GoGo's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a TNC's services, subject to any additional terms that GoGo establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by GoGo;
(iii) may be disabled by GoGo at any time for any reason without liability to GoGo;
(iv) may only be used pursuant to the specific terms that GoGo establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use.
GoGo reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that GoGo determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
GoGo may, in GoGo's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GoGo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to GoGo, you grant GoGo a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GoGo's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant GoGo the license to the User Content as set forth above; and
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor GoGo's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GoGo in its sole discretion, whether or not such material may be protected by law. GoGo may, but shall not be obligated to, review, monitor, or remove User Content, at GoGo's sole discretion and at any time and for any reason, without notice to you.
You are responsible for maintaining at all levels of Service specified above an operational cell phone that can receive voice calls and generate Dual Tone Multi Frequency ("DTMF") signals by pressing the buttons thereon. Fees charged by your telephone provider may apply and will be at your expense.
GoGo does not promise or guarantee that the Services, or any portion thereof, will function on any particular hardware or devices, or at all. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services will result in charges to you for the Services or goods you receive from a TNC ("TNC Charges"). After you have received services obtained through your use of the Service, GoGo will facilitate your payment of the applicable Charges on your behalf with the TNC, as your representative by extending GoGo's credit or cash in the payment thereof. Payment of the TNC Charges in such manner shall be considered the same as payment made directly by you to the TNC. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by GoGo.
All Charges are due immediately upon the conclusion of the ride, and payment will be facilitated by GoGo using the credit card you have placed on file with GoGo, after which GoGo will send you a receipt by email or a phone call to the phone number on the account.
As between you and GoGo, GoGo reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in GoGo's sole discretion. Further, you acknowledge and agree that TNC Charges applicable in certain geographical areas may increase substantially during times of high demand. GoGo will use reasonable efforts to inform you of TNC Charges that may apply. You will be responsible for all such TNC Charges incurred under your Account regardless of your awareness of such TNC Charges or the amounts thereof. GoGo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the TNC Charges or GoGo Charges applied to you. You may elect to cancel your request for services or goods from a TNC at any time prior to such TNC's Designated Driver’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the TNC for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any TNC’s Designated Driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary unless otherwise stated by a GoGo operator. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your TNC’s Designated Driver.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOGO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF TNCS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
GOGO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TNC, EVEN IF GOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOGO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TNC PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GOGO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
GOGO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOGO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY TRANSPORTATION NETWORK COMPANIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold GoGo and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GoGo's use of your User Content; or (iv) your violation of the rights of any third party, including TNCs.
6. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to GoGo's designated agent at 260 LORETO ST. SUITE 4, MOUNTAIN VIEW, CA 94041.
GoGo may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GoGo, with such notice deemed given when received by GoGo, at any time by first class mail or pre-paid post to GoGo Technologies, Inc. Attn: User Notices - 260 Loreto St. Mountain View, CA 94041.
You may not assign these Terms without GoGo's prior written approval. GoGo may assign these Terms without your consent to:
(i) a subsidiary or affiliate;
(ii) an acquirer of GoGo's equity, business or assets; or
(iii) a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, GoGo or any TNC as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GoGo's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoGo in writing.
You may request these terms be mailed to you by calling (855) 464-6872 and pressing zero to speak with an operator.