Divine Services Corp. provides its services (described below) to you or your talent, representative, or authorized vehicle operators (as designated by you in writing to Divine) through its website located at www.divineservices.com and through its mobile applications, platform (“you” or “User”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as revised from time to time, the “Terms of Service”).
Divine Services Corp. reserves the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If / when changes occur, they will be posted and indicated at the top of this page along with the date these terms were last revised. We will also notify you, either through the Divine On-Demand app user interface, in an email notification or through other reasonable means. Any such changes should become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of Divine or changes made for legal reasons will be effective immediately. Your continued use of the Divine On-Demand app after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access And Use Of The Service
Services Description: The Service is designed to provide you information and a means of obtaining short-term and immediate vehicle management solutions to coordinate pick-up and return of a vehicle to and from a designated location(s), at your request. As a subscriber, you authorize Divine Services Corp. to operate your vehicle and make decisions on your behalf for the purposes of managing vehicle pick-up, transportation, short-term parking and drop-off logistics, as designated by you.
User Representations and Warranties: By using the Service, you explicitly represent and warrant that you are at least 18 years old, otherwise capable of entering into binding contracts and legally entitled to enter this Agreement. If you reside in a service market that restricts the use of the Service because of age, or restricts the ability to enter this agreement due to age, you must abide by such age limits and you must not use the Service. Without limiting the above mentioned, the service is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using Divine’s on-demand app, you represent and warrant that you have the right authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
As a precondition to your use of the Divine On-Demand service, you represent and warrant that:
You obtain a valid driver’s license and are authorized to operate a motor vehicle. You must also have all proper licenses, approvals and authority to participate in the services in all service markets where you may use Divine’s services.
You are authorized to operate the vehicle when dropping off, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state departments of motor vehicle requirements for a vehicle of its kind.
You will be solely responsible for any and all liability that results from or is alleged as a result of the condition of your vehicle, including, but not limited to personal injuries, death and property damages.
You will be solely responsible for the full functionality of your vehicle. If your vehicle fails to function (electrical, mechanical or other) in any way while Divine Services Corp. is in possession of your vehicle, you will be responsible for all storage fees, roadside assistance, alternate transportation and repair of any kind. Divine may arrange services at your request.
You have authorization to designate Divine Services Corp. and any of its agents, employees or representatives as your agent and you delegate actual authority to Divine Services Corp. to and any of its agents, employees or representatives to operate your vehicle and make decisions on your behalf for the purposes of providing services offered through the Divine On-Demand app.
You are named or scheduled on the insurance policy covering the vehicle you use when participating in the on-demand valet services.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any possible losses related to your participation in the On-Demand services or the operation of your vehicle by Divine Services Corp. or any of its agents, talent or representatives. You will be solely responsible for any and all liability that results from or is assumed as a result of your operation of the vehicle you use to participate in the On-Demand services, including, but not limited to personal injuries, death and property damages. In the event of a motor vehicle accident, you will be solely responsible for compliance with any applicable legal or state department of motor vehicles requirements, and for all necessary contacts with your insurance carrier.
You will obey all applicable laws related to the matters set forth (including, but not limited to, vehicle registration and safety regulations), and you will be solely responsible for any violations of such laws.
Further, as a precondition to using the On-Demand services, you agree to the following rules and policies:
Divine has the right to terminate the On-Demand services at any time, for any reason, in Divine’s sole discretion.
You will not harass, intimidate, bully, or threaten any Divine talent, agents, contractors or representatives.
You may only use the On-Demand services during Divine’s regular operating hours.
Cancellation of the On-Demand services at any time may be subject to a cancellation fee, in Divine’s sole discretion.
You are responsible for the costs of all parking directed by you and not already included in the cost of the On-Demand services.
At the conclusion of certain services, Divine reserves the right to turn off and lock your vehicle before turning over control of your vehicle to you.
You are responsible for all charges incurred in connection with your use of the On-Demand services following the release of the car to your possession (including, but not limited to, fuel charges, tolls, traffic and safety violation penalties, towing expenses, parking tickets, additional parking charges, cleaning fees, etc.).
You shall not leave any pets or children in the car upon dropping your car off with Divine Services Corp. Divine reserves the right to refuse service if any pets or children are in the car after your departure.
You will report any damage to your vehicle to Divine within twenty-four (24) hours of receiving your vehicle from Divine.
Repairs covered by Divine Services Corp. and authorized by you may be done at Divine Services’ repair facility of choice, in Divine’s sole discretion.
You are responsible for all costs associated with normal wear and tear on your vehicle (including, but not limited to, interior wear and tear and cleaning). Divine shall have no obligation or responsibility for trash, debris or other messes left by passengers or you while providing the On-Demand services (including, but not limited to you or your passengers getting sick in the vehicle).
Divine will only be obligated to make stops requested through and confirmed by the On-Demand service app.
Divine disclaims liability for any events or damage that may occur to or in connection with you or your vehicle after the Divine services have been completed.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your user account. You agree to (a) immediately notify Divine of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you close out of your account at the end of each session when accessing the service. Divine will not be held accountable for any loss or damage arising from your failure to comply with the terms of this Section.
Modifications to Service: Divine reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Divine will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Divine App: The On-Demand service app contains certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Divine App”). To the degree you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Divine App, you agree that we may communicate with you regarding Divine and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Divine App may be communicated to us. In the event you alter or discontinue your mobile telephone number, you agree to promptly update your Divine account information to ensure that your messages are not sent to the person that acquires your old number.
Location data provided by the Service is for basic location purposes only. Location data is not intended for situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Divine, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Insurance And Damage To Property
Divine acquires insurance that provides excess automobile liability insurance up to $1,000,000 per occurrence. This coverage pertains to third party property damage claims and/or third party bodily injury claims that arise while Divine is parking or returning your vehicle in connection with the Services. A separate property coverage limit of $250,000 is provided should the driver damage your vehicle while it is in Divine talents’ care, custody and control.
Divine does not obtain insurance for, nor are we responsible for any damage to, loss of or theft of, personal belongings or intellectual property left in the car. These include tapes, records, discs or other similar audiovisual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the car before and after each Divine service arranged through the Divine App.
As with any personal auto insurance policy, additional insurance terms, limitations, and exclusions apply.
THIS IS AN UNOFFICIAL SUMMARY OF DIVINE’S MASTER INSURANCE POLICY AND MAY NOT ALWAYS BE CURRENT. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.
Condition Of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use concerning the usage of the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Divine. Divine reserves the right to investigate and take appropriate legal action against anyone who, in Divine’s sole discretion, infringes on this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Divine, is offensive or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Divine or its users to any harm or obligation of any type.
Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Service.
Disobey any applicable local, state, national or international law, or any regulations having the force of law.
Imitate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Solicit personal information from anyone under the age of 18;
Produce or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically approved;
Aid or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not purposely made available or provided for through the Service.
The above-mentioned does not prohibit you from providing email addresses or other electronic contact information to Divine in order to invite a friend to use our services or to share a referral code with a friend for the On-Demand services. However, by sharing such information with Divine, you represent that your friend has agreed to being contacted by us. Divine will communicate to your friend that you have provided his or her contact information to us for purposes of this contact.
Fees: To the degree that the Services are made available for any fee, you will be required to select a payment plan and provide Divine information regarding your credit card or other payment instrument. You represent and warrant to Divine that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Divine the amount that is specified on the Divine App. If you dispute any charges, you must notify Divine within thirty (30) days after the date that Divine charged you. Divine reserves the right to suspend your account should your credit card company reject a payment or if a payment is otherwise flagged as fraudulent. Divine reserve the right to change our prices at any time, and the posting of such prices on our Service app will provide notice to you of such price changes. Your continued use of the app after the price change becomes effective establishes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Divine’s net income. You shall also be responsible for all fees associated with any delays in returning your vehicle, as contemplated in the section below.
Changes in Scheduling and Delays in Returning Vehicles: We will do our best to return your vehicle to you in a timely manner, based on your designated vehicle return time. However, should you change or reschedule your designated vehicle return time after we have picked-up your vehicle from you, you are responsible for any fees incurred as a result of that rescheduling, including but not limited to fees for overnight storage of your vehicle.
Cancellation of Vehicle Management Solutions service: All requests for vehicle management solutions services may be cancelled, free of charge, within the first five minutes from the time the service request is made. In the event you cancel a request for service after the five-minute window has elapsed, you agree to pay a “cancellation fee” of $5.
Compliance with Local Laws: You agree to comply with all state and local laws and regulations while using the Services, including, but not limited to, all driving, traffic and pedestrian related laws and regulations.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized by Divine, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Apple-Enable Software Applications
Divine offers Software applications that are operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Divine and you acknowledge that these Terms of Service are concluded between Divine and you only, and not with Apple, and that as between Divine and Apple, Divine, not Apple, is solely accountable for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Divine’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Divine and you acknowledge that Divine, not Apple, is accountable for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Divine and Apple, Divine, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Divine Services Corp. as follows:
Divine Services Corp.
815 Race Street
Cincinnati, OH 45202
Divine and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Unless you have approval by Divine, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the abovementioned does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If Divine blocks you from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized here is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Divine, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Divine reserves any rights not specifically granted here.
The Divine name and logos are trademarks and service marks of Divine (collectively the “Divine Trademarks”). Nothing in this Terms of Service or the Service itself should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Divine Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Divine Trademarks will exclusively be intended for Divine’s sole benefit.
Third Party Material: Divine has the right to remove any content that violates the Terms of Service or is deemed by Divine, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Divine has no control over such sites and resources and is not accountable for and does not endorse such sites and resources. You further acknowledge and agree that Divine will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in association with use of or support on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Divine is not liable for any loss or claim that you may have against any such third party.
Indemnity And Release
You agree to release, indemnify and hold Divine and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, the condition of your vehicle, your operation of your vehicle, or your violation of these Terms of Service or your violation of any rights of another.
Disclaimer Of Warranties
Your use of the On-Demand service is at your risk. The services is provided on an “as is” and “as available” basis. Divine Services Corp. disclaims all warranties of any kind, whether expressed, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Divine makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Limitation Of Liability
You understand and agree that Divine will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or form the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will Divine’s total liability to you for all damages, losses or causes of action exceed the amount you have paid to Divine in the last 6 (six) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusions of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
At Divine’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Cincinnati, OH before a single arbitrator mutually agreed upon by the parties. The arbitration must commence within forty-five (45) days of the date on which either party files a written demand for arbitration. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Not withstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Apart from the provisions of the introductory section above, if Divine changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Divine’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Divine in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Divine, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Divine believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any alleged fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Divine may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Divine may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Divine will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Divine will have no liability or responsibility with respect thereto. Divine reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Divine and govern your use of the Service, superseding any prior agreements between you and Divine with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Divine to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Divine, but Divine may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.