Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Roademand ("Company," "we," "us," or "our"), governing your access to and use of the Roademand website, mobile application, and related services (collectively, the "Services").
By accessing, downloading, or using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not access or use our Services.
1. Services Description
Roademand provides a technology platform that connects users requiring roadside assistance (e.g., towing, jump-starts, tire changes, lockout services, fuel delivery) with independent third-party service providers ("Service Providers"). Roademand is not a roadside assistance provider itself. It is a dispatch and communication platform. The actual roadside services are performed by independent Service Providers who are not employees, agents, or partners of Roademand.
2. User Accounts and Registration
To use certain features of the Services, you must register for an account. You agree to:
a. Provide accurate, current, and complete information during registration.
b. Maintain and promptly update your account information to keep it accurate.
c. Maintain the security of your password and accept all risks of unauthorized access.
d. Notify us immediately at support@roademand.com if you discover or suspect any security breaches related to the Services.
e. Be responsible for all activities that occur under your account.
3. User Conduct and Responsibilities
You agree not to use the Services to:
a. Request services for any unlawful, fraudulent, or malicious purpose.
b. Harm, abuse, harass, or threaten our employees, agents, or Service Providers.
c. Infringe on the intellectual property rights of others.
d. Use the Services in a way that could damage, disable, overburden, or impair our infrastructure.
e. Attempt to gain unauthorized access to any portion of the Services or any other systems.
You are responsible for providing accurate information about your location and vehicle to ensure the correct service is dispatched.
4. Payments and Fees
a. Nature of Charges.
You agree to pay all fees associated with the services you request through the Platform ("Charges"). You acknowledge and understand that the Charges consist of two distinct components:
(i) Dispatch Fee: A fee charged by Roademand for the use of its technology platform, which includes the costs of connecting you with a Service Provider, facilitating communication, providing real-time tracking, and processing the transaction ("Dispatch Fee").
(ii) Service Fee: A fee charged directly by the independent third-party Service Provider for the physical roadside assistance services they perform (e.g., towing, labor, fuel, parts). Roademand acts as a limited payment collection agent for the Service Provider to facilitate payment of the Service Fee on their behalf.
b. Refund Policy for Dispatch Fee.
THE ROADEMAND DISPATCH FEE IS NON-REFUNDABLE. This fee is for the use of our dispatch and platform services and is earned immediately upon the successful automatic dispatch of a Service Provider to your location. The Dispatch Fee is not contingent upon the successful completion of the roadside assistance service by the Service Provider.
c. Service Provider Charges.
Payment for the actual roadside service (the Service Fee) is made to the Service Provider through our Platform. Eligibility for a refund or partial refund of the Service Fee is solely at the discretion of the independent Service Provider based on their own policies and the specific circumstances of the service call. Roademand is not liable for the services rendered by independent Service Providers and cannot issue refunds for their charges without their explicit authorization.
d. Payment Authorization.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Roademand or the Service Provider in their sole discretion. All Charges are facilitated through a third-party payment processing service. By using the Services, you agree to be bound by the processing service's terms and conditions.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. ROADEMAND DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROADEMAND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ROADEMAND MAKES NO WARRANTY REGARDING THE QUALITY, SUITABILITY, SAFETY, OR TIMELINESS OF THE SERVICES PROVIDED BY SERVICE PROVIDERS.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ROADEMAND 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 ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) THE CONDUCT OR ACTIONS OF ANY SERVICE PROVIDER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY NEGLIGENCE, DAMAGE TO PROPERTY, OR BODILY INJURY;
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
(D) ANY ROADSIDE ASSISTANCE SERVICES PERFORMED BY A SERVICE PROVIDER.
ROADEMAND'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100 USD) OR THE TOTAL AMOUNT OF FEES (DISPATCH FEES) PAID BY YOU TO ROADEMAND IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
7. Indemnification
You agree to indemnify, defend, and hold harmless Roademand and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right; or (d) your interaction with any Service Provider, including any claims for property damage or personal injury.
8. Third-Party Services and Links
The Services may contain links to third-party websites or services that are not owned or controlled by Roademand. Roademand has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, including those of the independent Service Providers. You acknowledge and agree that Roademand shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party services.
9. Modifications to the Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State/Province], without regard to its conflict of law provisions. Any dispute arising from this Agreement shall be resolved through final and binding arbitration, rather than in court.
11. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement.
12. Contact Us
If you have any questions about this Terms of Use Agreement, please contact us at:
Email: support@roademand.com