Beddaway Terms of Service
Last Updated: November 29, 2018
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Beddaway, Inc. (“Beddaway,” “we,” “us” or “our”) governing your use of the Beddaway application, website, and technology platform (collectively, the “Beddaway Platform”).
By entering into to this Agreement, and/or by using or accessing the Beddaway platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) 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 BEDDAWAY PLATFORM.
The Beddaway Platform
The Beddaway Platform provides a marketplace where companies who seek mattress and furniture removal to certain destinations (“Companies”) can be matched with pick-up contractors (“Contractors”). Contractors and Companies are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Beddaway Platform. Each person may only create one User account, and Beddaway reserves the right to shut down any additional accounts. As a User, you authorize Beddaway to match you with a Company or Contractor based on factors such as your location, your availability, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Contractors to Companies that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Contractor to a Company shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event Beddaway modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Beddaway Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Beddaway Platform may only be used by individuals who can form legally binding contracts under applicable law. The Beddaway Platform is not available to persons under the age of 18. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
If you are a Contractor, you will receive payment for your provision of Services on a weekly basis by paypal or check, based on your preferred.
If you are a Company, you are required to pay for the services completed by Beddaway on a monthly basis. We will write you an invoice, which will be paid with under net 15 terms.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail. Communications from Beddaway, its affiliated companies and/or Contractors, may include but are not limited to: operational communications concerning your User account or use of the Beddaway Platform or Services, updates concerning new and existing features on the Beddaway Platform, communications concerning promotions run by us or our third-party partners, and news concerning Beddaway and industry developments.
You may be able to create or log-in to your Beddaway User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to Beddaway through an SNS Account, you understand that Beddaway may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Beddaway Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
With respect to your use of the Beddaway Platform and your participation in the Services, you agree that you will not:
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Beddaway Platform or the servers or networks connected to the Beddaway Platform;
- post Information or interact on the Beddaway Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Beddaway Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Beddaway Platform;
- “frame” or “mirror” any part of the Beddaway Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Beddaway Platform or any software used on or for the Beddaway Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Beddaway Platform or access to any portion of the Beddaway Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Beddaway Platform or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against 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, or
- cause any third party to engage in the restricted activities above.
Contractor Representations, Warranties and Agreements
By providing Services as a Contractor on the Beddaway Platform, you represent, warrant, and agree that:
- You possess a valid Driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Companies in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Contractor while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Beddaway community or third parties.
- You will not accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Beddaway or Companies on the Beddaway Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the Beddaway Platform shall be owned by Beddaway absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Beddaway Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Beddaway. Beddaway shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BEDDAWAY and other Beddaway logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Beddaway in the United States and/or other countries (collectively, the “Beddaway Marks”). If you provide Services as a Contractor, Beddaway grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Beddaway Marks solely in connection with providing the Services through the Beddaway Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Beddaway’s prior written permission, which it may withhold in its sole discretion. The Beddaway Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Beddaway is the owner and licensor of the Beddaway Marks, including all goodwill associated therewith, and that your use of the Beddaway Marks will confer no additional interest in or ownership of the Beddaway Marks in you but rather inures to the benefit of Beddaway. You agree to use the Beddaway Marks strictly in accordance with Beddaway’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Beddaway determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Beddaway Marks or any derivatives of the Beddaway Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Beddaway in writing; (2) use the Beddaway Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Beddaway Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Beddaway’s rights as owner of the Beddaway Marks or the legality and/or enforceability of the Beddaway Marks, including, challenging or opposing Beddaway’s ownership in the Beddaway Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Beddaway Marks, any derivative of the Beddaway Marks, any combination of the Beddaway Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Beddaway Marks; (5) use the Beddaway Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Beddaway’s sole discretion. If you create any materials bearing the Beddaway Marks (in violation of this Agreement or otherwise), you agree that upon their creation Beddaway exclusively owns all right, title and interest in and to such materials, including any modifications to the Beddaway Marks or derivative works based on the Beddaway Marks. You further agree to assign any interest or right you may have in such materials to Beddaway, and to provide information and execute any documents as reasonably requested by Beddaway to enable Beddaway to formalize such assignment.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.Beddaway.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Beddaway including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Beddaway Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Contractors, Companies, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Beddaway Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Contractor; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL BEDDAWAY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BEDDAWAY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BEDDAWAY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BEDDAWAY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BEDDAWAY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BEDDAWAY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Beddaway; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Beddaway may terminate this Agreement or deactivate your User account immediately in the event: 1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; 2) Beddaway has the good faith belief that such action is necessary to protect the safety of the Beddaway community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Beddaway’s reasonable satisfaction prior to Beddaway permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Beddaway’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Beddaway’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Beddaway for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Beddaway in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Beddaway with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Beddaway or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Beddaway; becomes known to you, without restriction, from a source other than Beddaway without breach of this Agreement by you and otherwise not in violation of Beddaway’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Beddaway to enable Beddaway to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Beddaway
As a Contractor on the Beddaway Platform, you acknowledge and agree that you and Beddaway are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Beddaway expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Beddaway; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Beddaway, and you undertake not to hold yourself out as an employee, agent or authorized representative of Beddaway.
Beddaway does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Beddaway Platform. You retain the option to accept or to decline or ignore a Company’s request for Services via the Beddaway Platform, or to cancel an accepted request for Services via the Beddaway Platform, subject to Beddaway’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Beddaway shall have no right to require you to: (a) display Beddaway’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Beddaway’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
In addition to connecting Companies with Contractors, the Beddaway Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Beddaway Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation platforms and request rides from local Contractors (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Beddaway Platform, you authorize Beddaway to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Beddaway is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Beddaway Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Beddaway, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Beddaway shall be given by certified mail, postage prepaid and return receipt requested to Beddaway, Inc., 185 Berry St., Suite 5000, San Francisco, CA 94107. Any notices to you shall be provided to you through the Beddaway Platform or given to you via the email address or physical you provide to Beddaway during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Beddaway with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Beddaway Platform or Services, please contact our Customer Support Team through our Help Center.
Last Updated: February 8, 2017
Information We Collect
- Information You Provide to Us
Registration Information. When you sign up for a Beddaway account, you give us your name, email address, and phone number. If you decide to sign up for Beddaway using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information. When you join the Beddaway community, you can create a Beddaway Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Contractors, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.
Payment Method. When you add a credit card or payment method to your Beddaway account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Contractor Application Information. If you decide to join our Beddaway Contractor community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, Contractor’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Contractors to help protect the Beddaway community.
Payment Information. To make sure Contractors get paid, we keep information about Contractors’ bank routing numbers, tax information, and any other payment information provided by Contractors.
- Information We Collect When You Use the Beddaway Platform
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Beddaway Platform and interact with Beddaway advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Beddaway Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Beddaway Platform.
How We Use the Information We Collect
We use the information we collect from all Users to:
- Connect Companies with Contractors;
- Provide, improve, expand, and promote the Beddaway Platform;
- Analyze how the Beddaway community uses the Beddaway Platform;
- Personalize the Beddaway experience
- Facilitate transactions and payments;
Additionally, we use the information we collect from Contractors for the following purposes related to driving on the Beddaway Platform:
- Sending emails and text messages to Contractors who have started the Contractor application process regarding the status of their application;
- Determining a Contractor’s eligibility to drive for Beddaway
- Notifying Contractors about ride demand, pricing and service updates; and
- Calculating and providing Beddaway’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.
How We Share the Information We Collect
Sharing between Companies and Contractors. Companies and Contractors that have been matched for a ride are able to see basic information about each other, such as pick-up name, phone number, address and any information provided when the pick-up is setup.
API and Integration Partners. If you connect to the Beddaway Platform through an integration with a third party service, we may share information about your use of the Beddaway Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services. The Beddaway Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Beddaway app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Beddaway Platform, including all of the things described in Section 3 above.
Other Sharing. We may share your information with third parties in the following cases:
- While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
- If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
- With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the Beddaway community, Beddaway, or the public
- To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
- With our insurance partners to help determine and provide relevant coverage in the event of an incident;
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Beddaway Platform.
Profile Information and Data Security. Your pick-up address, phone number and name will be shared with Contractors. We are committed to protecting the data of the Beddaway community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.