GreatCall Rides Concierge Services

Terms and Conditions

Last Updated: August 24, 2016

BY USING GREATCALL RIDES, YOU ARE AGREEING TO THESE TERMS (“TERMS”). PLEASE READ THEM CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, INCLUDING AN ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL, A CLASS ACTION WAIVER, A CHOICE OF LAW PROVISION AND A FORUM SELECTION CLAUSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE GREATCALL RIDES.

What Is GreatCall Rides?

GreatCall Rides is a concierge service. GreatCall does not provide cars, drivers or transportation services. GreatCall partners with Lyft, Inc. (“Lyft”), which operates a ridesharing platform (“Lyft Platform”). The Lyft Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). When you contact a GreatCall Personal Operator (“Personal Operator”) by dialing “0” from your Jitterbug phone, you can request a ride to be arranged by a Personal Operator through the Lyft Platform. The driving services provided by Drivers to Riders that are matched through the Platform will be referred to as “Driving Services” and are subject to these Terms, as well as the Lyft Terms of Service (www.lyft.com/terms) and Lyft Privacy Policy (www.lyft.com/privacy). The scheduling of Driving Services by a Personal Operator will be referred to as “Concierge Services” and is subject to these Terms.

Modification to the Agreement

We may post amended Terms on this site at any time. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of these Terms. Continued use of the Concierge Services after any such changes shall constitute your consent to such changes. If you do not agree to such changes, then you may not use or access the Lyft Platform or the Services.

Eligibility

In the sole discretion of Lyft, Lyft may prohibit GreatCall from providing Concierge Services on behalf of any individual if Lyft reasonably believes such individual has violated Lyft’s Terms of Service or engaged in conduct that poses a risk to the safety of a Driver or other third party (“Excluded Individual”). Following the date of effective notice, GreatCall will not provide Concierge Services to any Excluded Individual and GreatCall disclaims all responsibility or liability for Lyft’s designation of an individual as an Excluded Individual.

Information Sharing and Consents

When you request Concierge Services from a Personal Operator, you consent to the Personal Operator sharing through the Lyft Platform with Lyft and available Drivers your:

  • First and last name;
  • Pick up and drop off locations; and
  • Telephone number*
*Lyft will receive your actual phone number, but your actual phone number will not be shared with the Driver

By requesting Concierge Services, you also consent to receive text messages and/or phone calls to convey ride status updates. Text messages will be sent (i) when a Personal Operator submits your ride request to the Lyft Platform, (ii) when a Driver accepts your request for a ride, (iii) when your Driver arrives, and/or (iv) when a ride is canceled. Text messages sent or received and minutes used will be applied against your monthly plan selection and rates.

Lyft’s use of your personal information in connection with Concierge Services is as provided in Lyft’s Privacy Policy located at https://www.lyft.com/privacy.

Your Responsibility to Pay for GreatCall Rides

As a Rider, you agree that any amounts charged following a ride or late-canceled ride ( “Charge”) will appear on your next monthly GreatCall wireless phone invoice and you agree to pay all Charges by the invoice due date.

Personal Operator Fees

Calls to Personal Operators are free of charge if you subscribe to the Ultimate Health & Safety Package. For all other customers, for calls to Personal Operator in which a service is completed, such as Concierge Services, you will be charged 99 cents per call and minutes used will be deducted from your monthly rate plan balance equal to the length of the call to the Personal Operator. If, even after receiving a fare estimate, you do not request the Personal Operator schedule your ride through the Lyft Platform, you will not be charged 99 cents for the call to Personal Operator.

GreatCall Rides Fare Estimates

When you request Concierge Services, a Personal Operator will use Lyft’s fare estimator tool to provide you an estimated total Charge based on your stated pick up and drop off locations. This amount is only an estimate and the actual Charge may be lower or higher depending on factors discussed below. The estimated Charge includes the Ride Fees, Trust & Service Fee, if any, taxes, tolls, airport fees, other fees and Concierge Services Surcharge. The estimated Charge does not include fees for Personal Operator, if any, which will be billed separately. You agree to pay the actual Charge regardless of the fare estimate.

GreatCall Rides Charges

Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Lyft Cities page (https://www.lyft.com/cities), as well as a Concierge Services surcharge. Charges do not include Personal Operator fees, if any.

  • Ride Fees. Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply. Ride Fees may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by Lyft. Your Personal Operator will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time you request a ride.
  • Trust & Service Fee. Lyft may assess a per-ride “Trust & Service Fee” to offset Lyft’s expenses, including but not limited to those related to promoting trust and safety on the Lyft platform as well as other operational costs of running the Lyft Platform. Such expenses are dynamic and may or may not exceed Lyft’s Trust & Service Fee collections in certain markets. Excess Trust & Service Fee collections, if any, will be deemed general revenue.
  • Concierge Services Surcharge. GreatCall charges a per ride surcharge for providing Concierge Services based on the total cost of the Ride Fees and Trust & Service Fee. Surcharges for Concierge Services are as follows:
    • Ride Fee + Trust & Service Fee <$15.00, then Concierge Services Surcharge is $2
    • Ride Fee + Trust & Service Fee <$20.00, then Concierge Services Surcharge is $3
    • Ride Fee + Trust & Service Fee <$25.00, then Concierge Services Surcharge is $4
    • Ride Fee + Trust & Service Fee <$30.00, then Concierge Services Surcharge is $5
    • Ride Fee + Trust & Service Fee >$30.00, then Concierge Services Surcharge is $6
  • Cancellation Fee. In the event that you cancel a ride request more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you may be assessed a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Lyft Platform or the provision of Services.
  • Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
  • Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where required by law Lyft will collect applicable taxes. See your market’s Lyft Cities page for details on other Charges that may apply. Any tips will be provided entirely to the applicable Driver.
  • Facilitation of Payments. All Charges will appear on your monthly GreatCall, Inc. phone bill and must be paid directly to GreatCall. Payments directly to the Driver or to Lyft are strictly prohibited and shall not satisfy your obligation to pay the Charges when due.
  • No Refunds. Charges are assessed immediately following completion of the ride to your GreatCall monthly bill. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Concierge Services, any disruption to the Driving Services, or any other reason whatsoever.

GreatCall Rides Usage Limitations

GreatCall reserves the right, at its sole discretion, to place limitations on the Charges that any individual may incur in any month. If any individual reaches a $100.00 GreatCall Rides balance, GreatCall may require a payment to be made on the account before further Concierge Services will be provided. GreatCall’s election not to require such a payment on one occasion will not be deemed a waiver of its ability to do so on any other occasion. GreatCall in its sole discretion may raise or lower the usage limitations for any individual account or line.

GreatCall Rides Promotions and Credits

From time to time, GreatCall may offer promotions or ride credits in the form of credits to customers’ monthly phone invoices. Under no circumstance shall any promotions offered by Lyft directly or by any third party be valid for payment toward GreatCall Rides Concierge Services. Similarly, Lyft gift cards are not valid toward GreatCall Rides Concierge Services.

No Warranty

The Concierge Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of Concierge Services, including the ability to provide or receive Concierge Services at any given location or time.

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

We do not warrant that your use of the Concierge Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements.

We have no control over the quality or safety of the transportation that occurs as a result of the Concierge Services. We cannot ensure that a Driver will complete an arranged transportation service.

Limitations Of Liability

You and GreatCall are each waiving important rights. Unless forbidden by law in a particular instance, we each agree as follows: (1) we are not liable for the actions or inactions of any service provider we contact for you, or for our inability to contact any service provider in any particular situation, (2) we are not liable to you for any injuries to persons or property arising out of or relating to your use of the Concierge Services, (3) our maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur, (4) neither you nor we can recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees. You and we agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement, (5) notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of us or our service providers, (6) you agree that neither we nor any service provider who sends you data or information through the Services is liable for any errors, defects, problems, or mistakes in that data or information, and (7) you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using the Concierge Services on your behalf, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your Services. Some states don’t allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

How We Will Resolve Disputes

Arbitration Agreement, Class Action Waiver and Forum Selection Clause

If you and we have a disagreement related to the Concierge Services or the validity of these terms of conditions of use, we’ll try to resolve it by talking with each other. If we can’t resolve it that way, we both agree to use confidential binding arbitration, not lawsuits (except for small claims court cases) to resolve the dispute. We agree that any controversy or claim between us will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”). There’s no judge or jury in arbitration, arbitration procedures are simpler and more limited than rules applicable in court, and review is limited. But you are entitled to a fair hearing and the arbitrator’s decisions are as enforceable as any court order. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. As modified by these terms of conditions of use, the arbitration will be governed by the AAA’s arbitration rules (collectively “Rules and Procedures”). We further agree that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (f) the arbitrator shall honor claims of privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/customer.

With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained in these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts located in San Diego County, California. Further, in the event either you or we bring an action in a court seeking provisional interim equitable relief pending resolution of an arbitration, such provisional interim relief must be exclusively sought in the state or federal courts located in San Diego County, California. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York, New York 10019, or visit the AAA website at http://www.adr.org .

Governing Law

To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California, in accordance with the Federal Arbitration Act, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.

Our Relationship With You

This agreement does not create any fiduciary relationships between you and us. It doesn’t create any relationship of principal and agent, partnership, or employer and employee, either.

We Can Assign This Agreement

We can assign this agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this agreement or your obligations to anyone else without our prior written consent.

This Is The Entire Agreement

This agreement is the entire agreement between you and us with respect to GreatCall Rides Concierge Services. It supersedes all other agreements or representations with respect to the subject matter, whether oral or written, between us, past or present, and may not be amended except in a writing signed by GreatCall. If any part of this agreement is considered invalid, the rest of it will remain enforceable. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify. This will not be a waiver or require us to do so again.