Definitions
 

This Agreement is between VOLLY, LLC, a Louisiana Limited Liability Company, (VOLLY), and the entity or individual agreeing to these terms (User).
 
By accessing the website, https://www.vollyvalet.com/, application, or technology (collectively, the “VOLLY Platform”) you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Platform. The Materials (logo, software, pictures, videos, and information) contained in the VOLLY Platform are protected by applicable copyright and trademark law.

 

  • VOLLY Platform
  • Materials
    • VOLLY logo, software, pictures, videos, and information
  • Shop(s)
    • The repair/mechanic shops, inspection stickers, fuel stations, car washes, detailers, tire centers, and body shops
  • User
    • The person or entity/company who uses the VOLLY Platform to facilitate the servicing of their vehicle
  • Drivers
    • Employees of VOLLY who drive the Users vehicle to and from the Shops
  • Service(s)
    • The facilitation of servicing the User’s vehicle by sending Drivers to meet the User at an agreed upon location and drive the vehicle to a partnered Shop, this is done through the VOLLY Platform as well as pickup & delivery services of many different kinds of requests for various services during COVID-19.
                                                                
Services
 
VOLLY provides the facilitation of servicing the User’s vehicle by sending Drivers to meet the User at an agreed upon location and drive the vehicle to a partnered Shop, this is done through the VOLLY Platform.
 
Specifically, VOLLY provides only one service, driving the Users vehicle to be serviced. However, we will facilitate the various vehicle services, as long as the User’s vehicle is driveable.
  • Maintenance
  • Detailing
  • Inspection Sticker
  • Car Washes
  • Gas Refill
  • Paint & Body           
  • Miscellaneous
    • Car battery replacement, windshield wiper replacement, etc…
 
During COVID-19, VOLLY will be facilitating pickup & delivery services of many different kinds of requests for various services. These may include pickup of:
  • Prescription drugs
  • Over the counter medicines
  • Dry cleaning
  • Groceries
  • Hot shot services
  • Etc
 
Usage
 
Ordering Service – This Agreement provides the User access to an on-demand facilitation of vehicle Services through the VOLLY Platform. The Services are described in greater detail at “VollyValet.com”.
 
VOLLY DOES NOT act as a mechanic or repair shop. VOLLY does not perform such services but acts to facilitate delivery or User’s vehicle to said Shops. Therefore, any error/damage resulting
from the maintenance or servicing of the User’s vehicle, remains solely upon the mechanic or shop that performed the service. 
Term – This Agreement continues until either party terminates this Agreement, with or without cause. Upon termination, User must cease to use the VOLLY Platform.
Suspension for Violations of Law or this Agreement – VOLLY may temporarily suspend the Service or remove the applicable User data, or both, if it in good faith believes that, as part of using the Service, User has violated a law or this Agreement. VOLLY further reserves the right to modify, suspend, or discontinue the services at any time with or without notice to the User, and VOLLY will not be liable to the User or any third party should it exercise such rights.
User Responsibilities – User must be at least 18 years or older to use VOLLY, must not access the Services through another User’s name without the express consent of the primary User, not threaten, harass, or intentionally harm any VOLLY employees, contractors, or agents providing VOLLY Services.
 
Permission is granted to temporarily download one copy of the Materials (information or software) from the VOLLY Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license the User may not: (I) modify or copy the Materials; (II) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); (III) attempt to decompile or reverse engineer any software contained on the VOLLY Platform; (IV) remove any copyright or other proprietary notations from the Materials; (V) or transfer the materials to another person or "mirror" the Materials on any other server.
 
This license shall automatically terminate if the User violates any of these restrictions and may be terminated by VOLLY at any time. Upon terminating the User viewing of these materials or upon the termination of this license, User must destroy any downloaded materials in possession, whether in electronic or printed format.
 
User agrees to comply with the above responsibilities and agrees not to assist or permit any person in engaging in any conduct that is fraudulent or does not comply with the User’s responsibilities.
 
Usage Information – The User must provide vehicle year, make, and model following name, email, and phone number.
 
How We Use the Information We Collect – To connect Users with Drivers, to communicate with the User, to send the User text messages and push notifications, to facilitate transactions and payments, to provide the User with customer support, to find and prevent fraud, to respond to trust and safety issues that may arise, including auto incidents, disputes between Users and Drivers, and requests from government authorities.
 
Privacy – The VOLLY User Privacy Policy governs User’s use of the Service and the VOLLY Platform.
 
Disclaimer – VOLLY disclaims, and User releases VOLLY with respect to all warranties, including, without limitation, the implied warranties of merchantability and title. While VOLLY takes reasonable physical, technical and administrative measures to secure the Service, VOLLY does not guarantee that the Service cannot be compromised. User understands that the Service may not be error-free, and use may be interrupted. VOLLY does not represent or warrant that the VOLLY Platform, the Materials and/or the other content will be secure, uninterrupted and/or error-free, that defects will be corrected, and/or that the sites, the materials and/or other content on the sites are free from viruses or other harmful components. VOLLY does not warrant or make any representations regarding the use or the results of the use of the VOLLY Platform, the Materials and/or any other content on the VOLLY Platform in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including without limitation, the quality and/or timing of services rendered on the VOLLY Platform. The User (and not VOLLY) assumes the entire cost of all necessary servicing, repair, or correction relating to use of the VOLLY Platform, the materials and/or other content on the VOLLY Platform. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to the User.
VOLLY reserves the right to refuse partial or full service to any request that is outside the scope of Its abilities or description of Services. This includes any vehicle maintenance where Drivers would be required to perform the service/maintenance themselves or a vehicle being undriveable. If VOLLY provides partial service in-regards-to a request, no refund will be given. If VOLLY does not perform any of the requested services, a refund will be issued for no more than 50% of the total cost of the service.
The Materials on the VOLLY Platform are provided on an 'as is' basis. VOLLY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
User MAY HAVE ADDITIONAL RIGHTS UNDER STATE LAW, so the above DISCLAIMERS may not apply to User.
VOLLY will not be held liable if unable to perform requested services due to the side effects of COVID-19. For example, if asked to purchase hand sanitizer or specific groceries and VOLLY is not able to purchase or find requested items, VOLLY will not be held liable or responsible for the purchase of said items.
If a User requests specific services or items for VOLLY to facilitate or purchase and VOLLY fulfills the User’s order to the best of their knowledge but is not to the User’s liking, VOLLY will not be held responsible for returning the item and the customer will be held responsible for payment. However, if VOLLY performs or purchases the incorrect item that the User requested, VOLLY and not the User will be held responsible for return and purchasing of the correct item.
 
 
Payment – Users must pay for orders with a credit/debit card upon the completion of the Service, once a Driver arrives with the User’s vehicle. All charges are facilitated through a third-party payment processing service (e.g. PayPal). Charges shall only be made through the VOLLY Platform. With the exception of tips, cash payments are strictly prohibited. User payment of charges to VOLLY satisfies payment obligation for use of the VOLLY Platform and Services, after which, User will receive a receipt by email. VOLLY reserves the right to pre-authorize User’s credit/debit card. In the event the User’s card is declined, VOLLY will record payment information and process card within the next 3 business days. A fee of $25 will be charged to the card. This process will be repeated until the full amount due is paid.
 
As a customer of VOLLY; the User understands that the request or use of the Services will result in charges to User. Charges include fees for pickup and delivery of vehicle, fees for work performed by Shops, and tips to Drivers. VOLLY will receive payment of the applicable charges for services obtained through use of Services. Charges will be inclusive of applicable taxes where required. VOLLY has the right and authority to modify pricing by posting applicable pricing terms. Pricing may vary based on the type of service requested. When paid, these payments are final and non-refundable, unless otherwise determined by VOLLY.  This is determined on a case-by-case basis. For example, if there was an error in the amounts charged to the User after Service is performed, VOLLY would refund the User for the total portion of payment incorrectly charged. Any request for refund must be made within 24 hours of Service being completed. No refund will be issued for erroneous information the User enters or for Users failure to be available to provide information or answer questions (for example, fail to respond to messages from Drivers or customer support).
The User will be charged a “Convenience Fee” for each service VOLLY fulfills. For example, If the User requests multiple services such as maintenance, inspection sticker and car wash, they will be charged a convenience fee for each service selected. However, if the User selects 3 or more services he/she will receive 10 dollars off the total price (bundle).  
Charges incurred from work (oil change, break pad replacement, inspection sticker, etc…) performed by Shops will be included in the final invoice created by VOLLY and the User is responsible for paying these charges. Payment of the charges shall be considered the same as payment made directly by User to the Shop.
In all other cases, charges the User incurs will be owed and paid directly to VOLLY, where VOLLY is solely liable for obligations to Third Party Providers. The User will be charged the “Convenience Fee” once the Driver has completed the Service of User’s vehicle. This charge is directly owed to VOLLY and not a Third-Party Provider.
The User may cancel a requested Service anytime outside of 1 hour before the appointment. If the User cancels within 1 hour of the appointment, they will be charged a fee in the amount determined by VOLLY and disclosed prior to confirming cancelation.
The User will be charged a fee if Services are not able to be completed due to User error. These factors include, but are not limited to, incomplete or incorrect necessary special instructions (expired license/Insurance, no key left for pickup of vehicle, undriveable vehicle, etc.).
Other charges may apply if the User is outside the required 10-mile service radius. VOLLY will complete the Service but an additional fee will be charged. Upon certain instances regarding distance, VOLLY has the right to decline Service.
 
Tips are not required. However, the User may elect to tip the Driver in cash or through the payment system used by VOLLY.
 
For State Inspections, the User will still be responsible for paying the full convenience charge as listed on the VOLLY Platform, even if the vehicle fails the inspection.
 
During the extension of Services offered during COVID-19 pandemic, VOLLY charges $25 per hour for each service requested. No Refunds. You may cancel your request for service at any time; however, you are not entitled to any refund for cancellation. VOLLY provides refunds for purchases only in VOLLY’s sole discretion. In the event that VOLLY suspends or terminates your request or this Agreement, you understand and agree that you shall receive no refund or exchange for any VOLLY Property, any content or data associated with your person, or for anything else, except if, in VOLLY’s sole discretion, VOLLY provides you a refund or exchange.
 
 
Claims
 
Any and all claims of damage to User property that is allegedly caused by VOLLY, must be made pursuant to VOLLY’s Claims Process.
Once VOLLY drives the User’s vehicle back to the drop-off location, the User will have 48 hours to inspect the vehicle for any damages and file a claim. If this 48-hour window closes and no claim or complaint has been issued, VOLLY will not be held liable for any damages, theft, or scratches to the User’s vehicle.
Indemnity – If a third-party brings a claim against VOLLY related to User’s use of the Service, User must defend, indemnify and hold VOLLY harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim, and regardless of who is at fault.
Liability
 
Exclusion of Indirect Damages – In no event shall VOLLY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials on the VOLLY Platform, even if VOLLY or a VOLLY-authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply.
 
Responsibility – VOLLY will not be responsible or liable for any lost or stolen items that the User may leave in the vehicle prior to and during the performance of the requested Service.
Once the User’s vehicle is dropped off onto the property of the Shop, the care of the User’s vehicle will be the Shop’s responsibility. Any theft, scratches, or other damages that occur on the Shop’s property, the Shop (and not VOLLY) will be held liable. This also includes all errors during the maintenance and service of the vehicle that may cause operational issues to the vehicle, the Shop (and not VOLLY) will be held liable.
VOLLY will be held liable for any scratches or damages caused by Drivers but will not be held liable for scratches or damages caused by another party.
VOLLY will not be held liable for charges incurred by the Shop for maintenance performed, the User will be held fully liable to pay what is owed to the Shop.
VOLLY will not be held liable for engine failure/mishaps that occur when the Driver is in possession of said vehicle. For example, if the User schedules “Maintenance” and the car is driveable, a Driver will pick up the vehicle. If the vehicle breaks down while it is in the Driver’s possession, the liability will be upon the User and not the Driver. If this is the case, the Driver will contact a tow and the User will be charged an additional fee in addition to paying the cost of the tow.
If VOLLY pays the bill for a customer, and later on the customer has disputes about workmanship with the shop, VOLLY is held harmless.
Total Limit on Liability – VOLLY’s total liability arising out of or related to this Agreement (whether in contract, tort or otherwise) shall not exceed the amount paid by User within the 6-month period prior to the event that gave rise to the liability.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
 
Arbitration
 
For Purposes of this Agreement - The claims covered by this Agreement include, but are not limited to, claims for: breach of any contract or covenant, express or implied; personal injury, physical or emotional injury; discrimination or harassment because of race, gender, color, pregnancy, religion, national origin, ancestry, age, disability, medical condition, marital status, sexual orientation, gender identity or any other characteristic protected by applicable law; retaliation; violation of any local, state, or federal constitution, statute, law, ordinance or regulation; fraud, misrepresentation, defamation, invasion of privacy, and any other tort claims; penalties; reimbursement of expenses; and any claim for trade secret violations or unlawful competition. This Agreement shall be binding on all of the parties, their heirs, and successors.
In arbitration, each side in the dispute presents its case, including evidence, to a neutral third party called an “arbitrator,” rather than to a judge or jury. The parties agree that any arbitration shall be conducted before one neutral arbitrator selected by the parties and shall be conducted in accordance with the American Arbitration Association Arbitration Rules & Procedures then in effect. The parties agree that this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq (“FAA”). The parties also understand and agree that VOLLY is engaged in transactions involving interstate commerce.
The arbitration shall take place in Baton Rouge, Louisiana. The parties are entitled to be represented by their own legal counsel in the arbitration proceeding and agree to maintain the proceedings and the award, including the hearing, as confidential, except as is otherwise required by court order, required by law, or as is necessary to confirm, vacate or enforce the award. The arbitrator shall have the authority to order such discovery by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary for a full and fair exploration of the issues in dispute, consistent with the expedited nature of arbitration. The arbitrator is authorized to award any remedy or relief available under applicable law that the arbitrator deems just and equitable, including any remedy or relief that would have been available to the parties had the matter been heard in a court. Nothing in this Agreement shall prohibit or limit the parties from seeking provisional remedies, such as injunctive relief from a court of competent jurisdiction. The arbitrator shall have the authority to provide for the award of attorney’s fees if such award is separately authorized by applicable law. The decision of the arbitrator shall be in writing and shall provide the reasons for the award unless the parties agree otherwise. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding which means there will be no trial by a judge or jury, or ability to appeal the arbitrator’s decision except as provided by the FAA or analogous state law.
THE PARTIES TO THIS AGREEMENT FURTHER AGREE THAT EACH MAY BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES, AND MAY NOT BRING, PURSUE OR ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.
In the event that, for any reason, it is found by a court of the Parties are not bound to Arbitrate as provided above, any and all judicial action(s), suits or legal proceedings must be exclusively brought in the federal or state courts in the Parish of East Baton Rouge, State of Louisiana. This Agreement represents the entire understanding between the Parties and any and all disputes shall be governed by the terms and conditions provided herein.‍
 
VOLLY Property
 
Reservation of Rights – The Platform provided by VOLLY as part of the Service are the proprietary property of VOLLY and its licensors, and all right, title and interest in and to such times, including all associated intellectual property rights, remain only with VOLLY.
Restrictions - User may not (i) sell, resell, rent or lease the Service or Platform or use it in a service provider capacity; (ii) use the Service or Platform to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service or the Platform; (iv) attempt to gain unauthorized access to the Service or Platform, or their related systems or networks; (v) reverse engineer the Service or the Platform; or (vi) access the Service or use the Platform to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
Platform License – The VOLLY Platform provided by VOLLY as part of the Service is licensed to User as follows: VOLLY grants User non-exclusive, non-transferable license during the term of this Agreement, to operate the Platform, solely in connection with the Service. VOLLY reserves the absolute right to terminate this Agreement and license at any time in its sole and unfettered discretion. The Platform and the Materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without the express written permission of VOLLY.
Accuracy of materials - The Materials appearing on the VOLLY Platform could include technical, typographical, or photographic errors. VOLLY does not warrant that any of the Materials on its Platform are accurate, complete or current. VOLLY may make changes to the Materials contained on its Platform at any time without notice. However, VOLLY does not make any commitment to update the Materials.
 
Links - VOLLY has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VOLLY of the site. Use of any such linked website is at the User's own risk.
 
Modifications - VOLLY reserves the right to revise these terms of service for its Platform and add any additional terms or conditions on User use of the Service, at any time without notice. These modifications and additions will be effective immediately and incorporated into this Agreement. By using the VOLLY Platform the User is agreeing to be bound by the then current version of these terms of service.
 
Aggregate Data – During and after the term of this Agreement, VOLLY may use non-identifiable User data for purposes of enhancing the Service, aggregated statistical analysis, technical support and other internal and external business purposes.
Communications – By voluntarily providing cell phone number, mailing address and email to VOLLY, the User agrees that VOLLY, its agents, representatives, affiliates, and/or its third-party partners may contact User by telephone, SMS or MMS messages, in-app messages, regular mail, email, push notifications, and User hereby consents to receiving such communications for transactional, operational, or informational purposes. The User hereby consents that telephone calls and text messages may be sent using an automatic telephone dialing system. If User provides telephone number(s) or other contact information for which the User is not the subscriber, User understands that he/she shall indemnify VOLLY for any costs and expenses, including penalties, fines and attorneys’ fees, incurred as a result of VOLLY’s contacting or attempting to contact the User. Standard text messaging charges applied by User cell phone carrier will apply to text messages sent.
Call, Text, and Email Information - VOLLY works with a third-party partner to facilitate phone calls, text, and email messages between Users and Drivers. VOLLY receives information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, VOLLY may also monitor and/or record the contents of phone calls made on the VOLLY Platform, such as those between Users and Drivers. User will be given notice that the call may be recorded, and by proceeding the User agrees to allow VOLLY to monitor and/or record the call. User may unsubscribe from receiving emails or push notifications from VOLLY at any time. To revoke consent to receiving emails or push notifications from VOLLY, please follow the unsubscribe procedures found in the email.
 
Intellectual Property - All intellectual property rights in the VOLLY platform shall be owned by VOLLY 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 VOLLY Platform are the property of their respective owners. The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by the User to VOLLY are non-confidential and shall become the sole property of VOLLY. VOLLY 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 the User.
 
Other Terms
 
Feedback – By submitting ideas, suggestions or feedback to VOLLY regarding the Service, (i) User agrees that such items submitted do not contain confidential or proprietary information; and (ii) User hereby grants VOLLY an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.
Entire Agreement and Changes – This Agreement constitutes the entire Agreement between the parties and supersedes any prior or contemporaneous negotiations or Agreements, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise, or inducement not included in this Agreement is binding. VOLLY reserves the right to make modifications to this Agreement from time to time in its sole discretion. User will be notified of significant substantive changes to this Agreement and will be required to consent to the modified terms of use in order to continue use of the VOLLY Platform.
No Assignment – Neither party may assign or transfer this Agreement or an order to a third party, except that this Agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
Relationship between the Parties – this Agreement does not create any agency, partnership, or joint venture between the Parties.
Severability and Force Majeure – If any term of this Agreement is found to be invalid, illegal, or unenforceable, said term(s) shall be stricken from this Agreement as if never written and the remainder shall remain in full force and effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.
Right to obtain Injunction – Any breach by a party of this Agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. In addition to monetary damages, the other party may seek a court order (injunction) to stop any breach or avoid any future breach.
Survival of Terms and no CISG – Any terms that by their nature survive termination of this Agreement for a party to assert its rights and receive the protections of this Agreement, will survive.
Overnight Services – If VOLLY takes in User’s vehicle to a partnered Shop for “same day service” (oil change, air filter, etc…) and they need to keep the vehicle overnight, User will have the choice of how they would like to get home. VOLLY can schedule an Uber or Lyft to take User where they need to be, User would only have to pay cost. However, there will be no convenience charge. Second, if User’s insurance allows it, VOLLY can schedule an Uber or Lyft to take User to the insurers partnered rental car provider. Again, User would only pay for the cost of the Uber/Lyft. VOLLY will not be held responsible for providing transportation outside of one Uber/Lyft ride where the User pays cost. The User does not have to select one of these two services if they have other means of transportation. If the User chooses a service that will most likely be an overnight service (i.e. paint, body, alternator, etc…), the User will be fully responsible for scheduling their own transportation.
Third Party Links - The VOLLY Platform and Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”) VOLLY is not responsible for Third Party Websites & Advertisements, and VOLLY makes no warranties as to, and shall have no liability for, the content available on Third Party Websites & Advertisements. By providing access to Third Party Websites, VOLLY is not recommending and/or endorsing the products and/or services provided by the sponsors and/or owners of those websites. Use of all links in Third-Party Websites & Advertisements are at User’s own risk.
By signing this Agreement, User agrees to all of the terms and conditions of this Agreement, in its entirety, without amendment. User warrants that User has authority to contract on behalf of the property/properties with which User is requesting VOLLY’s Services.
Governing Law and Forum – This Agreement is governed by the laws of the State of Louisiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this Agreement. Any and all disputes are to be made and resolved exclusively in East Baton Rouge Parish, Louisiana, and User irrevocably and unconditionally submits to this personal jurisdiction and venue. Nothing in this Agreement prevents either party from seeking injunctive relief in the exclusive venue stated above. The parties hereby agree that any and all disputes, claims or controversies between the parties, including but not limited to any dispute arising out of or relating to this Agreement, the relationship between the parties, which are not resolved by their mutual Agreement shall be resolved by final and binding arbitration by a neutral arbitrator.‍
 
 
Fleets
 
*Disclaimer – the following terms are in addition to the terms written above. The latter terms still apply to all fleet services.
 
Services – VOLLY provides two services for User’s who possess fleet vehicles.
  1. Fleet Management
    1. This service involves the tracking and reporting of the User’s fleet vehicles for maintenance purposes.
  2. Fleet Maintenance Valet
    1. VOLLY provides the facilitation of servicing the User’s fleet vehicles by sending Drivers to meet the User at an agreed upon location and drive the fleet vehicle to a partnered Shop, this is done through the VOLLY Platform.
 
Communication - In order for VOLLY to meet their proposal of fleet management, VOLLY will have access to the Corporation’s fleet manager’s and employee’s emails and cell-phone numbers, as well as the trucks they drive. VOLLY will use this information to calculate scheduled maintenance and discover any damages or repairs needed for the fleet vehicle to perform at its peak. VOLLY will be allowed to contact the fleet manager and employees at anytime during work hours to obtain the information needed to perform our job efficiently. VOLLY will not share or distribute any of the employee’s personal or corporate information.
 
Term, Billing, and Payment
We may grant you a limited trial period during which you will receive the Service free of charge. Thereafter, you will be charged a recurring service fee in advance of the applicable Service Period.
 
Your account will be renewed automatically at the end of each Service Period until either you or we explicitly cancel the Service.
 
You will be billed a non-refundable fee in advance of your applicable Service Period. There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
 
For any change in your recurring service fee, we will automatically charge your credit card or bank account that you provided or bill you via other payment methods for the new rate on your next billing cycle.
 
You must provide us with accurate billing information and keep this information up to date.
 
By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
 
We reserve the right to change prices for the Service and any connected extra services at any time upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
 
You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties, not based on our net income, that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.
 
Payment to the Auto Shops:
 
  1. Reimbursement to VOLLY – if the total bill for maintenance and repairs is under $500, VOLLY will pay the auto shops with VOLLY’S company card. The corporation will then reimburse VOLLY upon arrival with the fleet vehicle.
  2. Corporate Credit Card – The corporation can elect to let VOLLY borrow the corporate credit card and pay the auto shop for services rendered. VOLLY will then return the card with the receipt back to the fleet manager once the fleet vehicle is returned.
  3. Over the Phone – If the corporation chooses not to use options A or B, they can pay the shops over the phone by giving them their corporate credit card information.
 
 
 
Cancellation and Termination
 
You are solely responsible for properly canceling your account. You can cancel your account at any time through contacting our management.
 
All of your information may be immediately deleted by us from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information. Your information cannot be recovered once your account is canceled.
 
Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.
 
All provisions of these Terms of Service relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination.
 
Liability
 
In addition to the aforementioned section of Liability, VOLLY will not be held responsible if a fleet vehicle breaks down due to unseen engine or vehicle problems that was not recommended for maintenance by VOLLY.
 
VOLLY will not be held liable for higher than expected costs if a fleet vehicle is taken to an auto shop due to VOLLY recommended maintenance and the costs exceed what are expected.
 
If VOLLY recommends maintenance or repairs but the repairs are not needed, VOLLY will not be held liable for expenses incurred for unnecessary maintenance performed.
 
 
Service to Companies & Their Employees
 
*Disclaimer – the following terms are in addition to the terms written above. The latter terms still apply to all employee and company services.
 
Services – VOLLY provides vehicle maintenance valet services for a company’s employees.
  • Vehicle Maintenance Valet: VOLLY provides the facilitation of servicing the User’s fleet vehicles by sending Drivers to meet the User at an agreed upon location and drive the fleet vehicle to a partnered Shop, this is done through the VOLLY Platform.
 
Communication - In order for VOLLY to meet their proposal of vehicle maintenance to a company’s employees, VOLLY will have frequent access to the Company’s Human Resource Manager and employee’s emails, cell-phone numbers, and employee ID number. VOLLY will use this information to calculate scheduled maintenance, validate employment status, confirm appointment times, updates of the maintenance and valet processes, as well as give employee phone numbers to the auto repair shop personel for regular updates on their vehicle. VOLLY will be allowed to contact the Human Resources manager and employees at anytime during work hours to obtain the information needed to perform The Service efficiently. VOLLY will not share or distribute any of the employee’s personal or corporate information other than previously stated.
 
Term, Billing, and Payment
The User will have the option to sign up for recurring Monthly, Quarterly, Semi-Annual, or Annual Service Periods of the Service. Your account will be renewed automatically at the end of each Service Period until either you or we explicitly cancel the Service.
 
You will be billed a non-refundable fee in advance of your applicable Service Period. There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
 
For any change in your recurring service fee, we will automatically charge your credit card or bank account that you provided or bill you via other payment methods for the new rate on your next billing cycle.
 
You must provide us with accurate billing information and keep this information up to date.
 
By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
 
We reserve the right to change prices for the Service and any connected extra services at any time upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
 
You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties, not based on our net income, that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.
 
Payment to the Auto Shops:
 
  1. Reimbursement to VOLLY – if the total bill for maintenance and repairs is under $500, VOLLY will pay the auto shops with VOLLY’S company card. The individual employee will then reimburse VOLLY upon arrival with the personal vehicle.
  2. Over the Phone – If the bill for maintenance performed by the auto repair shop exceeds $500 the employee will be given the ability pay the shops over the phone by giving them their credit card information.
 
Mileage Fees – The corporation will be billed for mileage driven per service request in excess of 10 miles one way (20 miles round trip).
  • 11-20 miles results in an additional one-time fee of $45 that will be billed to the company at the end of their chosen period.
  • 21-30 miles results in an additional one-time fee of $55 that will be billed to the company at the end of their chosen period.
  • 31+ miles cannot be performed.
 
Service Request Limits – Each employee that signs up for the plan will be limited to 2 service requests per month. 6 per quarter, 12 per semi-annual, and 24 per year.

 
 
Cancellation and Termination
 

You are solely responsible for properly canceling your account. You can cancel your account at any time through contacting our management.
 
All of your information may be immediately deleted by us from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information. Your information cannot be recovered once your account is canceled.
 
Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.
 
All provisions of these Terms of Service relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination.

 
Liability
 

VOLLY will not be held liable for higher than expected costs if a User’s vehicle is taken to an auto shop the maintenance costs charged by the auto repair shop exceed what are expected.
 
If VOLLY recommends maintenance or repairs but the repairs are not needed, VOLLY will not be held liable for expenses incurred for unnecessary maintenance performed.
 
Employee Sign Ups – When an employee signs up to receive the Service, they are agreeing to our Terms of Service Policy that the company will sign at the beginning of the relationship. Once the company signs our Agreement, it is treated as binding by the employee once the employee signs up for the Service.
 

 

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