The chauffer who drives you and your car home when you leave the restaurant/club/event might fall under the “business use” exclusion of your insurance policy, but your coverage will still apply. Since the enactment of mandatory automobile liability insurance, each insurance policy is required by law to cover any person driving an auto with the permission of the insured. Therefore, provisions in automobile policy excluding coverage for business use are against public policy.
A summary judgment in favor of insurer based on their affirmative defense of “business exclusion” was later overturned. In this case a passenger was injured as they attempted to enter car being delivered by valet at defendant place of business. The policy was required by law to cover any person driving the vehicle “with the owner’s permission” (emphasis added), which included the valet.
CarGozz does have a general Insurance policy that would be secondary to the customer’s policy.
1. DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW CARGOZZ AND ITS AFFILIATES DO NOT GUARANTEE SERVICE. WE DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CARGOZZ NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT
(I) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE;
(ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE;
(iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES;
(iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE;
(v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(vii) THAT THE SERVICE IS NONINFRINGING.
CARGOZZ AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE CARGOZZ AND ITS AFFILIATES FROM, ANY AND OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF CARGOZZ OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE CARGOZZ
AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES,
FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR CONTENT.
2. LIMITATION OF LIABILITY IN NO EVENT SHALL CARGOZZ OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF
(I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE,
(ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR
(iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT OWN THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
3. APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts.
CarGozz recognizes the importance of respecting the privacy of our clients and applicants, and we want to assure you that any information CarGozz gathers will be used for its own business needs. CarGozz will not sell or share any information that we learn about you from your visit to our website or use or our service, and CarGozz will gather only information it needs to serve you better.
We also recognize the need for security on the Internet, which is why we have Internet security standards and procedures in place to protect against unauthorized disclosure of information or access to information about you from our website. We use the latest technology to protect all of your information. In addition, we limit employee access to personally identifiable information to those employees who have a business purpose for having access to such information.
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
By the use of this site you have expressly agreed to the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
SERVICE CHANGES, NO SHOWS & CANCELLATIONS.
Changes and cancellations to a booking can be made under the following terms and conditions:
a. There will be no charge for cancellation or rescheduling; UNLESS
b. If our chauffer arrives at the designated pickup and the customer cancels or isn’t there the client will be billed in full as a no show. Our Chauffer will wait up to 10 minutes for the customer at no charge but after 10 minutes there will be a $1 charge for every minute that your CarGozz drivers waits. If the client has not arrived within 10 minutes of the scheduled time the client shall be billed full fare as a no show unless the customer has requested more time.
To avoid being billed as a no-show, do not leave your location without communicating with a CarGozz employee. CarGozz is not responsible for service delayed or not rendered due to Mother Nature or circumstances beyond our control. CarGozz does not guarantee vehicle availability or price for reservation changes.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and CarGozz arising out of or resulting from your Use of our Site. This Notice constitutes the entire agreement between you and CarGozz governing your Use of the Site and is additional to any binding agreement between you and CarGozz.
This Notice is governed by the laws of the State of Washington, United States of America, without giving effect to any principles of conflict of laws. CarGozz does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations.
The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term and shall survive any termination of this Notice for any reasons.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law.
(5) General Prohibition. In connection with your Use, You agree not to:
(A) Violate any local, state, and federal rules, regulations and statutes, including, but not limited to, US laws and regulations;
(B) Infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
(C) Upload, post, transmit, or store any material that
1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
2. breaches any of your contractual or confidentiality obligations;
3. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials.
4. Users prohibited from, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
(D) Violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing, sending unsolicited e-mails, and collecting other’s personal information;
(E) Breach or attempt to breach any security measures of the Site;
(F) Use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without CarGozz’s prior written consent;
(G) Access or attempt to access any account or login of any third party listed on the Site
(H) Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
(I) Impersonate any person or entity;
(J) Misrepresent yourself, your affiliation with any third party, or your entity.
CarGozz has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site.
(9) Links to Third Party Sites
The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by CarGozz. We shall not be responsible for any materials, information, or content posted on the Linked Sites.
(13) User Eligibility
(A) This agreement is a legal agreement between CarGozz and each user. The service is only available to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, please do not use the CarGozz website or services. Users must submit accurate information when requesting membership from CarGozz and represent that all information is true and accurate without limitation.
(2) failure to be available for pick up service as requested in a timely manner (1/2 hour late or more)
(3) Failure to respond to e-mail in a timely manner (24 hours.)
(4) excessive complaints from our chauffers
(5) failure to pay monthly/annual fees