Terms and Conditions

Leap, Inc

These “Terms of Use” (“Terms”) explain the contractual relationship between you and Leap, Inc. and its affiliates and subsidiaries (Alfred Holdings Inc D.B.A. Alfred Executive Transportation, Icars.), regarding your use of, and access to, our website located at www.leaprides.com/ www.Alfredexecutivetransportation.com/  (“Website”) and/or our mobile application called “Leap””leapdriver” (“App”), and the features and functionality thereof (the “Service”), for the purpose of obtaining automobile transportation from third-party drivers. These Terms, which include our Privacy Policy www.leaprides.com/privacypolicy, govern your access to and use of the Website, App, Service and Leap Content (as defined below), and constitute a binding legal agreement between you and Leap.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE LEAP WEBSITE, APP OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE OR APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED TO USE THE SERVICE.

1. Service

The Website, App and Service enable persons using the App to obtain transportation (“Rider”) to independently arrange and schedule a ride in a vehicle driven by a third party (“Driver”).

2. License

  • a. Grant. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and App on a computer, tablet device or mobile phone that you own or control. If you have accessed or downloaded the App from any “app” store, distribution platform, including but not limited to the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App. Please note, if you access or download the App through unauthorized or illegal means, you are not granted a license, or any right, to use the Website or the App.

  • b. Ownership. All materials (excluding “Rider Submissions,” as defined below) contained on, in, or available through the Website, App and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials ("Leap or Mindseye") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Leap Content, whether registered or not, are our sole property. The Leap & Mindseye Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website, App or Service, any ownership rights in the Leap Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, App or Service, unless such upgrade is accompanied by a separate Terms in which case the updated Terms will govern.

  • c. Limitations. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website, App or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website or App for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, App or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website, App or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

3. Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, or the age of legal majority in your jurisdiction, (ii) you are accessing the Service from the U.S., (iii) you have the right, capacity and authority to be bound by these Terms, and (iv) you will abide by all these Terms.

4. Rider Account

If you wish to use the Service as a Rider, you must register and create an account (“Account”) through the App or Website. In doing so, you are required to use your email address as your user ID, and create and enter a password, as well as provide registration information, such as your full name, phone number, a valid form of payment (e.g., credit card) and any additional information in accordance with the registration form prompts (“Account Data”). You may also upload an optional profile picture. You agree to (a) provide true, accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. (d) Make sure all forms of payment are valid, (e) YOU WILL NOT use a gift card of anytype to pay for rides. ( all forms of payment must be in the registered user’s name. You are responsible for all activities that occur under your Account and all charges incurred. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify Leap immediately of any unauthorized use of your Account or any breach of security with respect to your Account. Your registration and creation of the Account allows you, subject to these Terms, to use the Service. The Website and App may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Website and App and may take the form of bug fixes, enhanced functions, new software modules and new versions. You consent to receiving communications from us via text (SMS) or email in connection with your use of the Service. You may opt out of receiving certain marketing communications from Leap, as discussed further in the Privacy Policy www.leaprides.com/privacy policy

5. Rider Submissions

The Service enables you to submit and post content, which may include personal information, messages, reviews and ratings (“Rider Submission(s)”). You acknowledge and agree that you are solely responsible for any Rider Submission that you transmit, send or display through the Service and we are not responsible to you or any third party for any Rider Submission that is transmitted or shared by you or any other Rider. By uploading, publishing, modifying or displaying Rider Submissions to any part of Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Rider Submission for any purpose in any media now known or hereafter developed.

You represent and warrant that: (i) you are either the sole and exclusive owner of all Rider Submissions that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Leap the rights in such Rider Submissions, as contemplated under these Terms; and (ii) neither the Rider Submission nor your posting, uploading, publication, submission or transmittal of the Rider Submission or Leap’s use of the Rider Submission (or any portion thereof) on, through or by means of the Service will (a) 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 (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.

You understand that under the terms of service Leap will communicate all app request to the driver. Due to the business structure Leap is under no obligation and does not warrant or promise  that a driver will be dressed in what is considered business attire (suit & tie). As independent contractors drivers may dress how they please. However, Leap will always make the best attempt to convey the requests of the riding client to the driver. If the driver is unable to meet such requests, Leap will then, but not limited to, communicate the client's requests to the driver for future correction or possible removal from service for failure to meet client requests.

You understand and agree that we do not verify or vouch for any such Rider Submission and if we determine in our sole discretion that any Rider Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the Rider Submission; (b) revoke the applicable Rider's right to use the leap Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any Rider Submission for any or no reason without prior notice to you and without liability.

Leap and all of its subsidiaries and third party contractors reserve the right to cancel, close, suspend, and block any user for cause or no reason at all.

6. Payments and Fees

  • a. Ride Payment. You understand and agree that use of the Service that results in your utilizing the transportation services of a Driver (a “Ride”) will require payment. Upon requesting a Ride through the Service, Leap may also seek pre-authorization of the payment method in your Account. Such pre-authorization is a pending transaction on your payment method. This is not a charge to your account but merely protects us to ensure that your Ride is covered. Please be aware that such pre-authorization may result in a reduction of your available credit by the pre-authorization amount. Immediately following a Ride, Leap will facilitate payment for the Ride to the Driver using the payment information saved in your Account. Cash payments are permitted and will be remitted directly to the driver BEFORE the ride starts. Charges making up the final payment amount will include fees (including a base price, per minute charge, per mile charge, and may include a charge for the service type selected [e.g., a standard type service or a luxury type service] and applicable tolls, taxes and surcharges, in addition to any tips you elect to incorporate (tipping is voluntary on a private account) All business accounts will have a mandatory tip established at the creation of the account. Detailed fee information is available on the Website and the App. After payment for a Ride is processed, Leap will email or text you a receipt. All charges are non-refundable. If the payment method saved in your Account is declined after a Ride is complete, Leap will block you from using the Service again until a new payment method is added to your Account, at which time the full fare from the unpaid Ride will be deducted.

  • b. Damage/Cleaning Fee. If a Driver reports that you have damaged the Driver’s vehicle to the extent that repairs are needed, or made it necessary to have the Driver’s vehicle cleaned, you will be responsible for the costs. Leap reserves the right (but is under no obligation) to require that the Driver provide documentation of said damages or need for cleaning. After providing you with written notice of such costs, Leap shall facilitate payment to the Driver using the payment method designated in your Account.

  • c. Promotions. Leap, in its sole and unfettered discretion, may from time to time offer certain promotions to its Riders or prospective Riders. Such promotions are non-transferrable, and may be deactivated by Leap at any time for any reason and without prior notice.

7. Cancellation Policy

  • a. Cancellation of Individual Ride. Riders may cancel a request for an individual Ride from a Driver at any time prior to the Driver’s arrival. A cancellation fee may be applied if a Rider cancels a Ride, makes repeated or frequent cancellations or fails to arrive for a Ride in a timely manner.

  • b. Cancellation of Leap Services. Riders can discontinue use of or cancel the Leap Services at any time; however, all payments must be up to date before Leap will process the cancellation request. Leap may suspend or cancel a Rider’s Account at any time, for any reason, upon notice to the Rider.

8. Jurisdiction

The Website, App and Service are not intended to subject Leap or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Leap does not represent or warrant that the Website, App or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

9. Access

There is no charge to download, install and register for the Service for the consumer. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to use the Service, you are required to have a compatible computer, tablet device or mobile phone, internet access, mobile network access, and a Android or iOS operating system. The software for the Website and App may be upgraded from time to time to add support for new functions and services. Leap reserves the right to stop supporting older versions of the App in its sole discretion and without prior notice.

10. Rules of Conduct

In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes (e.g., the transport of hazardous materials); (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Riders or Drivers; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about individual Riders or Drivers, or collect or store personal data about other Riders or Drivers; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Riders; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Riders or Drivers to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

11. Suspension

We reserve the right to suspend or cease providing the Website, App and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.

12. Third Party Content

The Service may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties (collectively, “Third Party Content”). Leap does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Content.

By downloading the App Leap you understand that the third party software provider, Mindseye, a Delaware company is responsible for the functional technology and Leap only licenses such technology.

13. Disclaimer of Warranties

THE WEBSITE, APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE, APP OR SERVICE; (ii) CONCERNING THE ABILITY, QUALITY OR SAFETY OF DRIVERS REQUESTED VIA THE SERVICE; (iii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE, APP OR SERVICE; AND (iv) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT (1) ALL WEBSITE OR APP VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SERVICE, AND THAT (2) THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, APP AND SERVICE.

14. Limitation of Liability

IN NO EVENT WILL LEAP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF DATA AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, APP OR SERVICE, EVEN IF LEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL LEAP’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE, APP OR SERVICE EXCEED THE PRICE PAID BY YOU FROM YOUR ACCOUNT WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID LEAP FOR THE USE OF ANY SERVICE, THE AMOUNT OF $50.00.

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEAP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF RIDERS OR DRIVERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, APP OR SERVICE OR FROM THE USE OF THE WEBSITE, APP OR SERVICE OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE WEBSITE, APP OR SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF DRIVERS WHO HAVE REGISTERED AS DRIVERS WITH LEAP UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

15. Release of Liability for Conduct and Disputes

YOUR USE OF THE WEBSITE, APP AND SERVICE IS AT YOUR OWN RISK. The Website, App and Service merely provide Riders the ability to seek the transportation services of a Driver through the use of the Service. Any issues concerning the conduct of a Driver, including, without limitation, the bad behavior or criminal acts of a Driver, must be resolved by you directly with the Driver. Leap will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. BY USING THIS WEBSITE, APP OR SERVICE, YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE TO HOLD LEAP HARMLESS FOR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND ANY DRIVER OR OTHER USER(S) OF THE WEBSITE, APP OR SERVICE. You agree to take all reasonable precautions in all interactions with Drivers you contact through the Website, App or the Service. By using the Website, App or the Service, you do hereby agree to report any alleged improprieties of any users (including Drivers or other users of the Website, App or Service) therein to Leap immediately by notifying Leap of the same via electronic correspondence at Customerservice@leaprides.com

16. Indemnification

By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

17. Copyright Infringement

We respect the intellectual property rights of others, and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, request our policy at Customerservice@leaprides.com

18. Governing Law/Arbitration

The Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. Any and all controversies, disputes, or claims arising out of or relating to the Terms or a breach thereof shall be submitted to arbitration before a single arbitrator and in accordance with the Commercial Rules then obtained of the American Arbitration Association (“AAA”). The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any Court having jurisdiction thereof. The location of any arbitration proceedings hereunder shall be New York, New York, USA and shall be at such location within said jurisdiction as shall be agreed upon by the parties, or failing such agreement, the facilities of the AAA. All proceedings shall be kept strictly confidential by all involved.

19. No Class Actions

YOU AND LEAP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH YOU AND LEAP AGREE OTHERWISE. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LEAP USERS.

20. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the use of the Website, App and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

21. No Legal Relationship

No independent contractor, partnership, joint venture or employer-employee relationship is intended or created by the parties hereto.

22. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

23. Amendment to Terms

Leap may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website or on the App. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.

24. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to Customerservice@leaprides.com . If you have any questions regarding these Terms or the Website, App or Service, please contact us at Customerservice@leap.com

 

25. Drivers Terms of Service

As a driver you understand that Leap is a ride hailing app and is under no obligation and does not warrant itself as your employer. Leap is responsible for meeting the client needs by communicating but not limited to, client name, location, pick up location, drop off location, service requests, and payment information as a standard.

 

26. Rules

As a driver you agree to follow all local and state regulations concerning licensing and operation of your motor vehicle. Under no circumstances will you operate your vehicle for hire with Leap if your license is expired (State, TLC), you are under the influence of any controlled or mind  or physical altering substance, your vehicle contains hazards within or throughout, and not limited to anything not covered in terms that would prevent you from providing proper service.
 

 

 

27. For Hire Drivers

As a driver partner when you activate you leap app you are aware that you will abide by the rules of conduct listed by the TLC. As a for hire driver you understand that accepting a ride on the Leap platform is an agreement between you and the client requesting the service. Both parties are bound by the rules in the terms of service concerning conduct and service requests.

 

27.1 As a driver partner you understand that when you accept a ride you will make every attempt to meet the needs of the client by allowing the passenger to ride in your vehicle to the destination of choice.

 

27.2 As a driver you agree to ensure that any advance notice, future rides, or any pickup that are beyond immediate you will make sure you are present prior to the scheduled pickup time or exactly on time. You also understand that any deviation from this that is not covered by an act of god (i.e weather) this does not exclude you from breaking your service agreement with the client. Part of your agreement in selecting a future ride will be to prepare in advance to get to the desired location regardless of traffic.

 

27.3 As a driver you understand that any requests by the passenger that you are not able to meet should be communicated to the Leap customer care service department.  

 

28. Client requests of Drivers

As a Leap driver you agree to be properly dressed in what is considered business attire. You also agree to and understand that Leap does not mandate you dress in any specific way. As a Leap driver you understand that Leap only communicates client requests for a driver to have a clean car, open or close the door upon entry and exit for the client, have a mix of clothing of either a dinner jacket and shirt with slacks and shoes, full business suit and tie, or any other mix of clothing that is clean and serviceable for business functions.

 

28.1 As a Leap driver you understand that leap only communicates client needs and if these needs can not be met this will result in the client giving you a lower rating for service. Once your driver rating falls below a certain level, Leap will make every attempt to notify you by phone, email, text to improve your standards.

 

28.2 As a Leap driver if your rating falls below a certain level and Leap will attempt to help you correct your inability to meet client needs. You understand and agree that Leap will suspend your account for reevaluation or terminate you account for a failure to comply with client requests and needs.

 

 

29. App features and payments and commissions

As a Leap driver you understand and agree that you will not hold Leap Liable for factors outside of its controls such as but not limited to client no shows, server malfunctions, third party server malfunctions and acts of God.

 

29.1 As a Leap driver you understand that you will be compensated for waiting time, inside pickups, curbside service, and other miscellaneous service level attributes clients may request if a charge is applied.   

 

29.2 As a Leap driver you understand and agree that you will not hold the company Leap liable for any payments not received from a client. A failure to receive funds from the client will result in Leap issuing the past due funds for collections and once funds are remitted you the driver will be paid for any past due amounts.

 

29.3 You understand and agree to Leap zero percent (0%) commission. You also understand and agree that at any time Leap my decide to change its business model and charge a commission at any time and any way it deems necessary. You also understand and agree that Leap may decide to charge a subscription fee to use the app. If and when this should arise Leap will notify you via electronic communication of such changes and regulations governing such change. For full description of driver payments, please use the following link: bit.ly/LeapDriverPayment.

 

29.4 As a driver you understand and agree to the terms of  tipping being optional. If a client decides to tip it will be in the app. At no time will you solicit or request a cash or other form of tip for services rendered. You also understand and agree Leap may change the tipping schedule or ratio as it sees fit.

 

30. Fraud waste and abuse

As a Leap driver you understand and agree you will not commit any type of fraud. You also certify that you will only drive under one Driver Profile with only one Leap driver Phone. Your profile  must match your TLC driver's license number and will not match any other profile, device, or driver number.

 

30.1 As a Leap driver you agree and understand that you will never use a personal device to hail a ride and then use your personal driver profile to also pick up that service request. This will result in the immediate termination of your services with Leap. You also understand and agree that any case of fraud proven or not through internal or external investigation will result in legal penalties which you will be subject to pay for the attorney fees of Leap.

 

30.2 As a driver you understand and agree that you will not network with private customers to commit fraud at any level, any such planning known or unknown will result in termination of your driver profile. Any legal fees incurred will be paid by you for your own legal representation and the legal costs of Leap.

 

 

General Provisions

  1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.

  2. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.

  3. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

  4. This Agreement, the Additional Terms, any other terms on Our Site, Our Privacy Policy and the Transportation Rules comprise the entire agreement between You and Us, state Our and the Transportation Providers’ entire liability, and Your exclusive remedy with respect to the Site and Services, and supersede all prior agreements pertaining to the subject matter of this Agreement and such terms, rules and policies.

  5. The section titles in the Agreement are used solely for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.

  6. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.

  7. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

  8. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Site, the Leap App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.

  9. We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Us in writing via email to Customerservice@leap.com  or as otherwise expressly provided. If You have any questions or concerns about our Site, Services or your Reservation, or any other questions, You may contact Us via email to Customerservice@leap.com

  10. Copyright 2017, Leap Inc All rights reserved.