This Platform Access Agreement (this “PAA”) is by and among you and your company/business (“you”) and the following entity as applicable, based on the region specified: Reliance Platform Inc., DBA RPC Limo New York and other U.S. states, territories and possessions (collectively, “RPC Limo”). This PAA governs your access to our Platform (defined below) which facilitates your provision of rideshare or peer-to-peer transportation service (collectively, “P2P Service”) to account holders or as guest seeking to access certain types of P2P Service (“Riders”) for themselves and/or their guests. For the sake of clarity and depending on the context, references to “RPC Limo ,” Your access to our Platform is also governed by the applicable terms found on our website, including without limitation, the Community Guidelines, Referral Policies, other applicable RPC Limo standards and policies (including, without limitation, RPC Limo’s safety standards, the accessibility policies and U.S. Service Animal Policy) and , any other agreements you have with us (including those related to how you choose to interact with our Platform, the services you choose to provide and where you chose to provide them) (collectively with this PAA, this “Agreement”),which are incorporated by reference into this Agreement.
By accepting this Agreement, you confirm that you have read, understand and accept the provisions of this Agreement and intend to be bound by this Agreement. This Agreement is effective as of the date and time you accept it. The relationship between the parties is solely as independent business enterprises, each of whom operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This is not an employment agreement, and you are not an employee. You confirm the existence and nature of that contractual relationship each time you access our Platform. We are not hiring or engaging you to provide any service; you are engaging us to provide you access to our Platform. Nothing in this Agreement creates, will create, or is intended to create any employment, partnership, joint venture, franchise or sales representative relationship between you and us. The parties do not share in any profits or losses. You have no authority to make or accept any offers or representations on our behalf. You are not our agent, and you have no authority to act on behalf of RPC Limo. Your Choice to Provide P2P Service to Riders. We do not, and have no right to, direct or control you. Subject to Platform, systems or rider availability, you decide when, where and whether (a) you want to offer or accept P2P Service facilitated by our Platform and or mutual understanding and agreement you want to accept the rider and not to ignore or cancel a Ride without prior arrangement. Subject to your compliance with this Agreement, you are not required to accept any minimum number of Rides in order to access our Platform and it is entirely your choice whether to provide P2P Service to Riders directly, using our Platform, or using any other method to connect with Riders, including, but not limited to other platforms and applications in addition to, or instead of, ours. You understand, however, that your Riders’ experiences with your Rides, as determined by Rider input, may affect your ability to access our Platform or provide Ride. You are responsible for identifying, understanding, and complying with
(i) all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of Rides (including whether you are permitted to provide P2P Service at all) in the jurisdiction(s) in which you operate (your “Region”) and
(ii) this Agreement (collectively, the “Requirements”). Subject to applicable law, you are responsible for identifying and obtaining any required license (including driver’s license), permit, or registration required to provide any P2P Service that you provide using our Platform. Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, your ability to access and use our Platform is at all times subject to your compliance with the Requirements. You agree not to access or attempt to access our Platform if you are not in compliance with the Requirements. (b) The Americans with Disabilities Act imposes obligations including the obligation to transport Riders with service animals and does not contain exceptions for allergies or religious objections. We have the right to and you consent to the permanent deactivation of your Driver App account and the permanent termination of your contractual relationship with us if, based on the evidence, we conclude that you knowingly refused a Ride request from a Rider with a service animal, or if we receive plausible reports from Riders of more than one cancellation or refusal by you alleged to be on the basis of the presence of a Rider’s service animal.
Your Provision of Transportation Services to Riders. You represent, warrant and covenant that
(a) you have all the necessary expertise and experience to provide Rides in compliance with the Requirements and standards applicable to the P2P Service,
(b) your access and use of our Platform, and provision of P2P Service, in your Region is permitted by the Requirements (including any age requirements), and (c) all such access and use of our Platform will be in compliance with the Requirements. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Rides you provide.
Accessing our Platform.
(a) To provide Rides you must create and register an account. All information you provide to us must be accurate, current and complete and you will maintain the accuracy and completeness of such information during the term of this Agreement. Unless otherwise permitted by us in writing, you agree to only possess one account for providing Rides. You are responsible for all activity conducted on your account. For account security and Rider safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your account, including but not limited to photos of yourself, to access our Platform. If you think anyone has obtained improper access to your account, login credentials or personal information, you are required to notify us and to change your password immediately so that we may take appropriate steps to secure your account.
(b) You represent, warrant, and covenant that you have all required authority to accept and be bound by this Agreement. If you are accepting this Agreement on behalf of your company, entity, or organization, you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such party to this Agreement.
Background Checks and Licensing, Vehicle Standards.
(a) During your account creation and registration, we will collect, and may verify, certain information about you and the vehicle(s) you use to provide Rides (“your vehicle”).
(b) You will also be required to pass various background, driving record and other checks both prior to the first time you access our Platform and from time to time thereafter during the term of this Agreement; these checks may be facilitated by third parties. You hereby authorize and instruct us to provide copies of such checks to insurance companies, relevant regulators and/or other governmental authorities as needed for safety or other reasons, as described in our Privacy Notice.
(c) You agree that your vehicle will be properly registered, licensed and suitable to provide Rides in your Region. You represent that at all times during the provision of any Rides your vehicle will be in your lawful possession with valid authority to use your vehicle to provide Rides in your Region. You agree that your vehicle will be in safe operating condition, consistent with safety and maintenance standards for a vehicle of its type in the P2P Service industry. You agree to monitor for and repair any parts that are recalled by your vehicle’s manufacturer (as well as anything else the Requirements applicable to your Region may require).
Accepting Ride Requests.
(a) Ride requests may appear in the Driver App, and you may attempt to accept, decline or ignore them or we can manually assign you for the ride with your acceptance. Accepting a Ride request creates a direct business relationship between you and your Rider in accordance with the terms of the transportation service the Rider has requested through our Platform. The mechanism for accepting or declining Rides may vary depending on your location and the type of Ride-request you accept. You acknowledge upon acceptance of a Ride request as every Ride will incur 25% of RPC Limo fee for individual driver, 20% for the for-profit organization and 15% for non-profit organization and will be calculated on gross fare/revenue.
(b) You will choose the most effective, efficient, and safe manner to reach the destinations associated with a Ride. Any navigational directions offered in the Driver App are offered for your convenience only; you have no obligation to follow such navigational directions. You agree to transport Riders, or their guests, directly to their specified destination, as directed by the applicable person, without unauthorized interruption or unauthorized stops.
The Company desires to engage the Driver as an independent contractor, and the Driver wishes to provide services to the Company, including but not limited to transportation services, cargo delivery, or passenger transportation for a scheduled period as provided by the Company, subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the parties agree as follows:
Subject of the Agreement
This Agreement sets forth the rights and obligations of the Parties in their contractual relationship, which includes, but is not limited to, the Driver's provision of transportation services for delivery or carriage transport from points of pick-up designated by the Company to
specific points of destination as stated by the Company on a periodic basis. The services shall be compensated for as agreed upon.
Terms of the Agreement
This Agreement shall become effective as of signing date as digitally signed at the time of sign up and shall remain in effect until terminated any update on the agreement will be included in this original agreement and will notify immediately through assigned email/Driver app to the driver and or the organization.
The parties may always terminate the contract by a written agreement. This shall not be construed as a waiver of rights that have arisen until the termination of the contract. However, each of the parties may claim that the other party has not fulfilled its obligations under this Agreement duly and notify the other party by giving a reasonable time period. At the end of this period, if the breach is not remedied, the injured party may terminate the Agreement immediately