Terms and Conditions

Effective Date: 08/10/2024

Welcome to the Go Donkey App, operated by Xox Ride Tech Inc.  ("Go Donkey App," "we," "us," or "our"), a company registered in the State of California. By accessing or using our services, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully.

1. Acceptance of Terms

By accessing, downloading, or using the Go Donkey App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Changes to the Terms

We may modify these Terms at any time. Any changes will be effective immediately upon posting on the Go Donkey App or our website. Your continued use of the services after changes are made will constitute your acceptance of the new Terms.

3. Use of Services

The Go Donkey App connects users ("Users/Riders/Shippers") with independent drivers ("Drivers") to provide transportation delivery of goods services.

For Users/Riders/Shippers:

• Eligibility: You must be at least 18 years old to create an account and use the Go Donkey App.
• Account Registration: To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• Payment: Users/Riders/Shippers agree to pay for all delivery transportation services requested through the Go Donkey App. Payments are processed through our third-party payment processor. Fees may include base fares, tolls, surcharges, and any other fees disclosed at the time of booking.
• Cancellation: Users/Riders/Shippers may cancel a ride request, but cancellation fees may apply if the cancellation occurs after a driver has been dispatched.
• Prohibited Activities: Users/Riders/Shippers must not engage in any illegal activities, harassment, or inappropriate behavior towards drivers during the ride. Failure to comply may result in suspension or termination of your account.

Payment and Fees

• Service Fees: Certain features of the App may require payment of fees. You agree to pay all applicable fees and charges in accordance with the payment terms presented to you at the time of use.
• Refunds: All fees and charges are non-refundable, except as required by law.

 Charges and Fees for Damages

If any goods transported through the Go Donkey App cause damage to a driver's vehicle, including but not limited to stains, spills, odors, or physical damage, the customer will be responsible for all related costs. Xox Ride Tech Inc. Go Donkey App reserves the right to charge the customer for cleaning fees, repair costs, or any other expenses arising from such damages. These fees will be assessed at the sole discretion of Xox Ride Tech and will be charged to the payment method on file with the customer's account. By using our service, you agree to these terms and accept full responsibility for any damages caused by your goods during transport.

Credit Lines and Payment Terms

Go Donkey App may extend credit lines to certain business clients, subject to approval and a separate written agreement. Clients who are granted credit lines are expected to use the app responsibly and to settle their accounts in accordance with the terms outlined in the credit agreement. Payments must be made in a timely fashion at the end of the agreed-upon billing period. Failure to comply with these payment terms may result in the suspension of services, the application of late fees, or other penalties as outlined in the agreement. Go Donkey App reserves the right to revoke credit privileges at its discretion if payment obligations are not met.

 

For Drivers:

• Eligibility: Drivers must meet all legal requirements, including holding a valid driver's license, vehicle registration, and insurance. Drivers must pass a background check and vehicle inspection.
• Independent Contractor Status: Drivers are independent contractors and not employees of Go Donkey App. Drivers have the freedom to choose their working hours and accept or decline ride requests.
• Earnings and Payments: Drivers will be compensated for each completed ride as per the fare calculation provided in the app. Drivers can cash out their earnings through on-demand payments.
• Driver Conduct: Drivers must comply with all local laws and regulations, maintain a clean and safe vehicle, and treat Users/Riders/Shippers with respect and professionalism. Any violation may result in deactivation of your account.
• Prohibited Activities: Drivers must not engage in illegal activities, drive under the influence of alcohol or drugs, or engage in any unsafe driving practices.

Driver Liability and Release

• By agreeing to drive for Go Donkey App, you acknowledge that you are fully responsible for your vehicle and any incidents that may occur while using the service. This includes, but is not limited to, accidents, damages, or other liabilities that arise during the course of transporting goods or passengers. You agree not to hold Xox Ride Tech dba Go Donkey App, its affiliates, employees, or representatives responsible for any such incidents. You accept that any claims, losses, or damages are your sole responsibility and will not be covered by Go Donkey App.

 

4. License and Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Go Donkey App. You agree not to:

• Use the app for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services.
• Use any automated means to access the app, such as robots, spiders, or other data mining tools.
• Attempt to gain unauthorized access to any part of the app or its related systems or networks.

Intellectual Property

• Ownership: The App and its original content, features, and functionality are and will remain the exclusive property of XoX Ride Tech inc. and Go Donkey App and its licensors.
• License: We grant you a limited, non-exclusive, non-transferable license to use the App for personal use in accordance with these Terms.

 

5. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

6. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Go Donkey App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in California, and the arbitrator's decision will be final and binding.

7. Limitation of Liability

To the fullest extent permitted by law, Go Donkey App shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the app; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

8. Prohibition of Harassment

Go Donkey App is committed to providing a safe and respectful environment for both drivers and users. Any form of harassment, including but not limited to sexual harassment, verbal abuse, physical intimidation, or discriminatory behavior based on race, gender, religion, sexual orientation, or any other protected characteristic, is strictly prohibited. Both drivers and users are expected to conduct themselves in a manner that is professional and respectful at all times. Violations of this policy may result in immediate suspension or termination of access to the Go Donkey App platform, and in serious cases, may be reported to the appropriate legal authorities. All parties are encouraged to report any incidents of harassment to Go Donkey App for investigation.

 

9. Indemnification

You agree to indemnify, defend, and hold harmless Xox Ride Tech Inc. and Go Donkey App, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

11. Contact Us

If you have any questions about these Terms, please contact us at hello@godonkeyapp.com.