Zerology Rental Conditions Agreement
Updated: December 28, 2019 (Version 1.0)
Zerology LLC (“Zerology“, “we“, “our” or “us“), provides a car sharing service that allows eligible and approved Zerology users (“you,” or “your“) to rent vehicles owned or operated by Zerology (“Vehicles“) and, where available for hourly or daily use (“Trips“). This Agreement constitutes a legally binding agreement between you and Zerology governing your access to and use of our website and our mobile application (the “Zerology Services“) and all car sharing and other associated services (collectively, “Zerology Services“).
1. VEHICLE RENTAL AND UTILIZATION
1.1. Vehicle Rentals. Following enrollment and approval of your eligibility as a Zerology driver, you may rent a Vehicle on an hourly or a daily basis through Zerology Services and subject to the terms of this Agreement. Vehicle reservation and operation during your rental period is made through the Zerology Services, which must be downloaded to your Android or iOS cellular device. The Zerology Services allows you to gain access to the Vehicle during the time of your reservation. When you book a reservation, you must select a time to start your reservation and the end time of your reservation.
1.2. Reservation Process.
- When you book a reservation, we will charge a pre-authorization charge to your payment method on file (the “Pre-Authorization Charge“). If your payment method rejects this PreAuthorization Charge, your reservation will be cancelled. If you book the reservation within 24-hours of the start of your Trip, you will incur a Pre-Authorization Charge immediately when you complete the booking. If you book the reservation 24-hours or more before the start of your Trip, you will be charged a Pre-Authorization Charge 24-hours before the start of your Trip. If you cancel your reservation at least 24-hours prior to the start of your Trip, you will be refunded the Pre-Authorization Charge and incur no further or additional charges for the cancelled reservation.
- Fifteen minutes prior to your reservation start time, you will receive a message indicating when your reservation is about to begin. At the start of your Trip, the Vehicle will be available for you at a location designated in the Zerology Services. Access to the Vehicle will be given at your reservation start time. The Zerology Services on your mobile device will act as the key to the Vehicle. You must have the mobile device you used to create the reservation inside the Vehicle to drive. You will lock and unlock the Vehicle using the Zerology Services. Your mobile device must be powered and fully functioning to access and start the Vehicle and to start and end your Trip. In the event you no longer have access to the Services due to the loss or theft of your mobile device or your mobile device has no power, you may contact customer care to have the Vehicle unlocked remotely.
- At your reservation end time, you must return the Vehicle to the same location where you picked it up. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges. If the Vehicle is not returned to the proper location when your reservation ends, to the extent permitted by law, we may disable and/or recover the Vehicle at your expense without notice to you.
- If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours. If your reserved Vehicle is returned and your usage fees are less than the Pre-Authorization Charge, we will return the difference to your payment method.
1.3 Remote Vehicle Control; Information about the Vehicle. To the extent permitted by law, we may disable and/or recover a Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. In addition, for each Vehicle, we collect and store the following information: license plate number, vehicle identification number (VIN), mileage, battery status, fuel or charging history, electrical system function, gear status, ignition on/off, idle time and diagnostic trouble codes.
1.4 Personal use only. The Vehicle is to be used for your personal use only and may not be used forhire or any other commercial purpose transporting people or operating a taxi and/or delivery service; This includes independent use for transportation network company or ride-share programs including but not limited to: Uber, Lyft, and Via.
1.5 No unauthorized drivers. You understand that only you, a Zerology member, is authorized by law to drive a Vehicle rented by you are authorized to drive a Vehicle that you reserve and rent through the Zerology Services and pursuant to this Agreement. Besides other rights and remedies that we may have in this Agreement, if you allow for use of a Vehicle by someone who is not an authorized driver, your Zerology Services account will be suspended.
1.6 Emergency assistance. In an emergency, please use the Zerology App to reach Zerology customer care or call 911. Further instructions regarding incident and crash procedures are in the center console. In the event of an accident, please follow procedures in Section 4 and available in our mobile application.
1.7 Recharging. Zerology Vehicles that are reserved for daily use will be adequately charged for each reservation. Please be sure to plug the Vehicle into the charge port after usage, for the next driver. If you need to recharge during your rental, you may incur the expense to recharge. There are many charging stations that provide free access. If you select a Tesla SuperCharging station the cost will automatically be charged back to Zerology. If you select a station outside Zerology’s network, as provided in the Zerology Services, you may be charged. If you choose to use the charging cord to charge the Vehicle at home or private residence, it is recommended that a certified electrician inspect any outlet prior to using it to charge the Vehicle. You are solely responsible for any damage to the electrical outlet.
1.8 Parking and Driving. While on a Trip, you may park in any legal parking space. You are responsible for all parking fees, fines, and tickets that may result from parking the Vehicle. Zerology reserves the right to charge any unpaid parking ticket fees to the payment method you provided on file. You agree to park and operate the Vehicles in authorized zones and legal roadways
1.9 Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition for the next patron. Zerology reserves the right to charge cleaning fee at its sole discretion.
1.10 Prohibited Uses. Vehicles may not be:
- used for towing, pushing or propelling any trailer at any time;
- be driven or otherwise transported outside of the United States;
- operated while you are impaired by medication, illness, fatigue, or injury;
- operated while you are under the influence of any illegal drugs or alcohol;
- taken in for repair or any service under any circumstances (the Vehicle can only be warranty repaired or serviced by us);
- used to transfer hazardous, toxic, flammable, poisonous, illegal drugs or otherwise dangerous goods;
- used in a test, race, contest, or off-road;
- used in connection with or to commit a felony, other crime (other than a minor traffic violation) or any other illegal purpose, to harass, mislead, or harm anyone, in a manner that disparages or tarnishes the reputation of Zerology, or in violation of this Agreement; or
tampered with, modified, disconnected, or otherwise interfered with in any way that may alter the operation of the Vehicle including, without limitation, the operating system and any interior and exterior equipment installed on or in the Vehicle.
1.11 No smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle. In the event you or a passenger smokes in the Vehicle you will incur an additional fee and professional cleaning charges.
1.12 Animals or pets. Pets are not allowed even with the use of a locked pet carrier. Only licensed service animals are permitted. In the event a pet damages the Vehicle you are solely responsible for such damages and Zerology will charge the payment method you have provided on your account for any and all such damages.
1.13 Firearm Policy. Zerology strictly prohibits you and your passengers from carrying firearms of any kind while using Zerology Services, to the extent permitted by applicable law. Please note that the only situation where we would allow a firearm while using the app is if you are transporting your firearm in accordance with the Transportation Security Administration rules for transporting firearms and ammunition. Among other requirements, that means your firearm must be unloaded and locked in a hard-sided container in the trunk of the Vehicle. All parts, including magazines, clips, ammunition, and bolts and firing pins must also be transported in the trunk of the Vehicle. This Section 1.13 applies to individuals who have a concealed carry license
1.14 Zero Tolerance Policy. In the event you operate a Vehicle under the influence of an illegal drug or alcohol (Section 1.10.d) or you violate our firearm policy (Section 1.13), your account will be immediately and permanently be suspended.
1.15 Use of safety restraints. You agree to use the proper use of safety belts and child safety restraints for all occupants; you will not permit anyone under 13-years of age to ride in the front seat of the Vehicle.
ALL CHILDREN UNDER THE AGE OF EIGHT TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM
Notice: Most states requires that every child: (a) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness; (b) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness; and (c) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. You are responsible for supplying a child safety seat or renting one from us.
1.16 Obey All Traffic Laws. You agree to obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and state laws addressing distracted driver restrictions. You agree to drive in a defensive manner, anticipating situations where incidents are likely to occur.
1.17 No Hand-Held Device-Use. You agree not to use your hand-held device while operating the Vehicle unless it is paired to the hands-free system on board the Vehicle. Paired device information will be deleted by Zerology from time to time, but it is your sole responsibility to ensure you delete your phone information from the Vehicle upon completion of the reservation. If you fail to delete such information, you understand that your information may be accessed by subsequent drivers and occupants of the Vehicle. We want to ensure your safety with driving. You understand that use of hand-held communication devices is prohibited except in cases of emergency, only when the vehicle is brought to a safe stop or safe location. You understand that use of radar and laser detection devices is prohibited.
1.18 Securing Vehicle. You understand that when the Vehicle is not in use, you must secure it by closing the windows, closing and locking the doors, and parking it in a reasonably safe and secure location. Use the Zerology Services or provided key card/fob, if applicable, to secure the Vehicle.
2. RULES AND RESPONSIBILITIES
2.1. You agree that you are responsible for the following:
- Keeping your personal information, including payment information, up-to-date within your Account. We will validate such updated information to verify your continued eligibility to participate in Zerology Services. In the event, through our verification process, we discover your personal information does not much who you are as an individual, your ability to reserve Vehicles will be temporarily suspending and any pending reservation will be cancelled until such information has been properly updated by you. We will in no way be responsible or liable for any fines, damages, penalties, or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information;
- Any loss of, or damage to, goods and personal belongings in or on the Vehicle whether owned by you or third-parties. We take no responsibility for any loss or damage;
- Any traffic, moving, or parking violation citations, fines or other penalties incurred from use of the Vehicle. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Supplier in the defense of any claims or lawsuits against us or Supplier related to your use or possession of the Vehicle;
- All fines, forfeitures, and penalties incurred from the use of the Vehicle;
- Immediately notifying Zerology of any event that involves theft, attempted theft, vandalism, Vehicle damage of any kind, or impact with a vehicle, object, or pedestrian (injured or not) even if there appears to be no damage to the Vehicle, by calling Zerology customer care in the App, to speak with a Zerology incident management advisor. If a Vehicle is not safe to drive after an event, you must file a police or security report within 24-hours of the incident and provide Zerology a copy of the damage report to prevent being charged for the rental after the event;
- Maintaining the confidentiality and security of your Account credentials. You may not disclose your credentials to any third-party. You must immediately notify customer care if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or if any actual or suspected unauthorized use of your Account occurs. You are responsible for any activities conducted through your Account; and
- Immediately update all driver’s license after expiration. You are ineligible to utilize Zerology Vehicles if your license is expired, modified, suspended, restricted, revoked, or if you otherwise no longer meet an eligibility requirement.
3.1. Fee Schedule. Our Fee Schedule outlines all costs, fees, and charge backs that you may occur given violations or damages associated with the rental of our Vehicles.
3.2. Forms of Payment. All fees and charges, plus applicable taxes and surcharges, will be charged to the payment method you provide in the Zerology Services. Any credit or debit card you provide as your payment method must be linked to a financial institution in the U.S. or Canada. We do not accept prepaid credit, digital, or gift cards as a method of payment. This payment method must be your own credit or debit card issued to you and for you. Zerology does not store credit cards or payment financial records associated with your Account in order to maintain PCI compliance. The payment method you supply us through the Zerology Services is stored by our third-party payment processors who are subject to our data privacy policies. For more information about what personal information prefer refer to our Privacy Statement (available here).
3.3. Usage Fees. You agree to pay us usage fees at the then-applicable usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees, and surcharges that are incurred in connection with use of the Vehicle associated with your Account. Daily rates are based on a 24-hour period.
3.4. Platform Fees. Zerology reserves the right to charge you a platform fee for reservations on our system.
3.5. Late Fees. If you return the Vehicle later than the reservation end time, and to the extent permitted by law, a $50 late fee plus applicable taxes will be charged per hour in addition to the usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click “End Trip” in the Zerology Services upon returning the Vehicle and must return the Vehicle to the location where you picked it up as designated in the Zerology Services. Failure to do so may result in late fees. Subject to Vehicle availability, you may extend your reservation end time to avoid a late fee in the Zerology Services. You will be charged the usage rate for the Vehicle for the additional time if you choose to extend your reservation end time.
3.6. Low Recharge Fees. Each Vehicle must be returned with at least a battery charge capacity of 50 miles. In the event a Vehicle is returned at the end of your Trip with less than a 50 mile capacity and the vehicle is not plugged in for the next driver, Zerology retains the right to charge you a $50 fee recharging fee plus applicable taxes.
3.7. Reservation Changes. You may cancel or change your reservation at no charge up to 24-hours before your Trip is scheduled to begin. If you cancel or change your reservation within a 24-hour window of the reservation, you will be charged for the full reservation.
3.8. Tickets and Violations. You are responsible for timely response to and for paying any charges for parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation (including toll violations), you will be charged the ticket and violation fee and a $20 processing fee plus applicable taxes. In the event you fail to pay charges associated with a parking ticket or moving violation while operating a Vehicle and we pay these costs on your behalf, you authorize us to charge the payment method on your Account for reimbursement of such fees we paid on your behalf. You understand and agree that, if Zerology receives notifications by prosecution authorities of violations of laws, rules, or regulations allegedly committed with a Vehicle rented by you, Zerology may provide your complete and accurate data (full name, date of birth, address) at the time of the alleged of violation to the respective prosecution authorities.
3.9. Tolls. You are responsible for any toll fees you incur while using the Vehicle though the Vehicle may have a toll pass. If your Vehicle has a toll pass, you will be charged the toll fee to the payment method you have on file. Toll fees incurred may also be subject to a processing fee of up to $5 per toll fee transaction.
3.10. Cleaning Fee. You agree to return the Vehicle in a clean condition for others to use. If found in a condition we deem, at our sole discretion, to not be a clean condition (for example, carpet or upholstery stains, odor or residue from smoking, pet hairs, etc.), you will be charged up to $150 plus applicable taxes for cleaning.
3.11. Lost Key Card/Fob/Charging Accessory. If you have been given keys to the Vehicle and those keys are not returned at the end of the Trip, Zerology reserves the right to charge for their replacement. Lost key cards will incur a charge of $75 for replacement plus applicable taxes. Lost key fobs or charging accessories will incur a charge of $200 for replacement plus applicable taxes.
3.12. Other Violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if the violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, cleaning or re-fueling).
3.13. Payment method. Other than the usage fee charged to you upon completion of each reservation, we will charge for all fees as they are incurred by you to the payment method you provide on your Account. You may cancel the use of your credit or debit card by terminating your participation in Zerology Services and providing notice to customer care. You remain responsible for any fees or damages incurred prior to your termination. Any changes to the pricing will be available on the website. Your payment method will be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You will receive an e-mail receipt with an itemized list of the fees incurred for each Trip.
3.14. Cancellation and Refund Policy. Except for cancellations completed 24-hours prior to the start of your trip, we do not provide refunds of the Pre-Authorization Charge or any other fees. If you believe you have been charged in error, you must submit a formal request to customer care and include your name, phone number, and reason for refund request. Requests will be reviewed and responded to within five (5) business days.
3.15. Billing. If a payment method is declined (either for a Pre-Authorization Charge or incurred fees or charges), we may immediately suspend or terminate your Account. We reserve the right to assign a delinquent Account to a third-party collection agency.
4. ACCIDENTS; DAMAGE TO OR LOSS OF VEHICLE; YOUR RESPONSIBILITY FOR DAMAGE TO OR LOSS OF VEHICLE
4.1. Accidents. In the event of an accident or other incident involving a Vehicle, you must follow the incident procedures (found in the Vehicle glovebox and on the Zerology Services) and provide Zerology with a copy of any reasonably requested information relating to the incident, the allocation of fault or liability, and costs and expenses associated with the incident, including any applicable insurance coverage. You are not responsible for late fees for Vehicles stolen during a reservation if you immediately notify Zerology of the theft.
4.2. Damage Responsibility. As permitted by law, you are responsible for any loss of or damage to the Vehicle resulting from any cause (“Driver’s Damage Responsibility”) including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, hail, or other acts of nature regardless of fault. Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sales proceeds. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of the rental charges upon return. If the Vehicle is stolen and not recovered you will pay us the Vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with recovery of the Vehicle, plus towing and storage charges, if any. You are not responsible for normal wear and tear on the Vehicle. Before each reservation please check the car inside and out and report any damage.
4.3. Authorization to Recover. Zerology may recover Driver’s Damage Responsibility by charging the payment method that you have in place with Zerology or through other collection methods available to. You hereby authorize Zerology to collect these amounts by charging the debit or credit card that you have on file with your Account.
5. INSURANCE; INDEMNIFICATION; LIMITATION OF LIABILITY; PERSONAL PROPERTY
5.1. Zerology Vehicle Insurance. Zerology provides insurance coverage for Vehicles while in operation them in compliance with the terms of this Agreement. Zerology’s automobile liability insurance for Zerology Electric Vehicles provides coverage of at least the minimum financial responsibility limits required by Wisconsin state law. If this Agreement is violated or if other parties claim damages (such as for personal injury or property damage) then you may be liable to Zerology or to such other parties beyond those limits. Violations of this Agreement may void the insurance coverage provided by Zerology.
5.2. Limitations of Coverage. You understand that we may not maintain an insurance policy covering all circumstances arising from your participation in Zerology Services or any event related to that participation, and you are aware that you should review your personal insurance coverage.
5.3. Indemnity. In addition, you agree to defend, indemnify, and hold harmless us, our affiliates, and respective directors, officers, shareholders, employees, and agents, and Supplier, from any and all claims, actions, damages, liabilities, cost and expense, including reasonable attorneys’ fees and expense, arising from or in connection with damage, loss or destruction of any real or tangible personal property, death, and bodily harm resulting from your use of a Vehicle or Zerology Services, regardless of whether those claims arise from you or any third party excluding those arising out of Zerology’s gross negligence or willful misconduct by Wisconsin law. Where permitted by law, we may recover damages suffered by us or Supplier that you owe under this Agreement by charging the payment method you provided.
5.4. Limitation of Liability. Unless prohibited by law, neither Zerology nor Supplier are liable to you for any indirect, incidental, special, punitive, or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in Zerology Services, or using the Vehicle. Zerology is not liable to you for any loss, damage, cost, or liability suffered by or imposed upon you due to your breach of this Agreement. Zerology has no liability with respect to any of your responsibilities this Agreement.
5.5. Personal Property. Neither Zerology nor Supplier are responsible for loss of or damage to your or any other occupant’s personal property left in the Vehicle.
6. TERM AND TERMINATION; ENFORCEABILITY
6.1. Term. This Agreement becomes effective when you click to accept this Agreement and all ancillary agreement (the Privacy Statement and Rental Agreement) or by your use of any aspect of Zerology Services and expires upon your notification to us by calling customer care unless earlier terminated by us in our sole discretion.
6.2. Termination. We or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination. Termination makes you ineligible to participate in Zerology Services. You will remain responsible for all fees incurred as a result of participating in Zerology Services, including Account balances, and any damages and then known or unknown penalties incurred up to and on the date of termination. All fees and charges will continue to be due and payable after the end of each Trip or the expiration or termination of this Agreement.
6.3. Notice. To terminate your account, contact customer care through the Zerology Services. We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-app messaging in the Zerology Services.
All legal notices to be given by you to Zerology must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third business day after mailing.
Zerology LLC c/o Finance
821 E. Washington Ave. Suite 200
Madison, WI 53703
6.4. Survival. Sections 3, 4, 5, 6 and 7 shall survive the expiration or termination of this Agreement in addition to any other obligations which, by their nature, are intended to survive the expiration or termination of this agreement.
6.5. Modification. Zerology may modify or supplement the terms and conditions of this Agreement at any time, and you hereby acknowledge and agree that the modifications and/or supplements shall be binding on you when posted on our website or otherwise made available to you. Your continued participation in Zerology Services shall constitute your implied consent to the modifications or supplements. You agree that unless the modifications or supplements directly modify the arbitration provisions in this Agreement, any modifications or supplements shall not create an opportunity to opt out of the arbitration provisions contained in this Agreement.
6.6. Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without our consent will be void and of no force and effect. Zerology reserves the right to assign this Agreement in our sole discretion.
6.7. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced under the laws of the State of Wisconsin, without reference to its conflict of laws principles.
6.8. Severability. If any one or more provisions contained in this Agreement, any modification of this Agreement, or any document executed in connection with this Agreement shall be invalid, illegal, or unenforceable under any law, (i) unless otherwise provided under law, the validity, legality, and enforceability of the Agreement’s remaining provisions shall not be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal, or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the invalid, illegal, or unenforceable term or provision.
6.9. Waiver. Failure or delay by us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof.
6.10. Limited Third-Party Beneficiaries. Affiliates and subsidiaries of Zerology are intended third parties beneficiary of this Agreement solely for purpose of enforcing rights. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and Zerology and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
6.11. Entirety. This Agreement, the Privacy Statement and Membership Agreement, if applicable, constitute the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements, if any.
6.12. Conflict of Terms. Any conflict between this Agreement and the Rental terms will be resolved in favor of this Agreement.