These Pricing and Payment Terms are incorporated into and part of the Terms of Use between you and Boomerang LLC, and set forth additional terms and conditions that are applicable to your use of the Boomerang Platform. These Pricing and Payment Terms replace any and all prior versions of our Pricing and Payment Terms.  Boomerang reserves the right to change, modify, cancel, or replace these Pricing and Payment Terms at any time, with or without notice to you.  Capitalized terms not otherwise defined in these Pricing and Payment Terms shall have the meanings (if any) assigned to them elsewhere in the Terms of Use.

 

Fees and Other Charges

​

As an Organizer, you understand and agree that your request or use of the Boomerang Platform may result in charges to you (“Charges”). Charges include all applicable fees, surcharges, and taxes plus any tips to the Driver that you elect to pay. Boomerang has the authority and reserves the right to modify pricing by quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the applicable pricing terms and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges.

 

Ride Fees. The Ride Fees consist of a Base Fare, Booking Fee and local operating costs (as applicable),  The Base Fare is calculated by the estimated miles and minutes at the time of the ride and the number of Ride Organizers or stops.  For short rides, minimum fares may apply.

 

Introductory Ride Fee Pricing

• Flat rate of $19.00 per ride within the City limits of Sioux Falls, South Dakota, during the introductory period.

• A ride consists of one-way transportation from the point of origin to the destination. By way of example, if an Organizer schedules rides to take a child to and from a baseball practice, the Organizer  would be responsible to pay for two rides, one for each fee for each one-way trip.

• For rides scheduled but not completed during the introductory period, Boomerang will attempt to notify the Organizer of pricing changes prior to commencement of the ride via email or text  and you hereby authorize Boomerang to use your email address or cell phone information for that purpose.

• For rides outside the City limits of Sioux Falls, South Dakota, Organizers can receive an estimate of Ride Fees for a particular ride by requesting a quote for a specific ride prior to submitting the ride request.

• Boomerang retains the authority and reserves the right to end the introductory pricing or the introductory period at any time without notice.

 

Organizers can estimate Ride Fees and see all applicable Booking Fees and any local operating costs for a particular ride by requesting a quote for a specific ride prior to submitting the ride request.

You will also receive a fare estimate in the app upon scheduling the ride.  Your actual Charges, which are due immediately, may vary from these estimates based on (a) the amount of time it takes to perform your Boomerang ride and (b) the distance travelled during your Boomerang ride (e.g., if a detour is required to avoid adverse road conditions).  Your Ride Fees may also vary if you change your pick-up time after confirming your ride request.

​

Cancellation Fee. After requesting your ride, you may cancel it up to 24 hours before the scheduled pick-up time with no Cancellation Fee. If you cancel between 2 and 24 hours before the scheduled pick-up time, if your ride request has been matched with a Driver, you will pay a Cancellation Fee equal to 50% of your estimated fare. If you cancel less than 2 hour before the scheduled pick-up time, you will pay a Cancellation Fee equal to the full estimated fare.

 

Damage or Cleaning Fee. You will be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and other property as a result of providing Services to a rider on whose behalf you arranged a ride.  The Damage Fee will be an amount that Boomerang determines, in its sole discretion, is reasonable depending on the extent of the damages and cost of repairing or cleaning the vehicle and other property.  Boomerang reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Driver using your payment method designated in your account.  Such amounts will be transferred by Boomerang to the applicable Driver and are non-refundable. Boomerang reserves the right, but is not obligated, to verify or otherwise require documentation of damages prior to processing the Damage Fee. 

 

Other Charges. From time to time, riders leave behind personal items in Drivers’ vehicles.  Boomerang will attempt to facilitate the return of lost items.  Organizers understand and agree that they may be charged return fees if the Driver is asked to return the item.

 

Tips. Boomerang offers an in-app feature allowing you to provide tips to Drivers, if you choose to do so. 100% of all tips will go to the Drivers.

​

Processing of Charges

​

Charges shall only be made through the Boomerang Platform. All Charges will be processed by a third-party payment processing service and applied to the credit card or debit card that you link to your User account (“Payment Method”). These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them.  Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours.  If you have more than one Payment Method on file, you will designate one Payment Method as your default Payment Method. You must provide and maintain complete and accurate information about your Payment Method. If your default Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that Boomerang may use any other Payment Method(s) in your account, if available.  If you do not have a valid Payment Method listed in your account, you agree to promptly provide Boomerang with a valid Payment Method immediately upon request.  You are responsible for any additional fees, charges, or penalties resulting from any failure to pay Charges. Your full payment of Charges to Boomerang satisfies your payment obligation for your use of the Boomerang Platform. Boomerang reserves the right to suspend or deactivate your account for failure to pay any Charges due. 

 

Upon the addition of a new Payment Method or upon each ride request, Boomerang may place a temporary pre-authorization hold on your Payment Method to ensure the ride cost will be covered, and protect against unauthorized behavior.  The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your card issuer’s next processing cycle.  Boomerang is not responsible for any fees or charges, including (without limitation) overdraft charges, that may be issued by your card issuer, and is unable to assist you in recovering fees and charges from your card issuer.
 

No Refunds. All Charges are non-refundable. This no-refund policy applies at all times regardless of any disruption to the Boomerang Platform, or any reason whatsoever. 

 

Discounts. You may receive Discount Codes that you can apply toward payment of certain Charges when scheduling a ride.  Discount Codes are good for one trip up to a maximum value.  If the Ride Fees for a single ride are less than the maximum value of a given Discount Code, the difference will be forfeited.  If the Ride Fees exceed the value of the Discount Code value, you agree to pay the difference which will be charged to your Payment Method.  Discount Codes are only valid for use on the Boomerang Platform, and are not transferable or redeemable for cash.  Discount Codes cannot be combined.  If you split payment for a ride with another Organizer, your Discount Code will only apply to your portion of the Charges.  Additional restrictions on Discount Codes may apply as communicated to you in a relevant promotion.

 

Driver Payments

​

If you are a Driver, you are entitled to a Driver Fee for the Services you provide or perform for Organizers or other Users, as provided in the Terms of Use and these Pricing and Payment Terms. For each ride, the Driver Fee will be an amount equal to fifty percent of the sum of the applicable Base Fare and the applicable Booking Fee (excluding taxes). Boomerang will calculate and determine the Driver Fee after each ride. Driver Fees may vary from the Ride Fee or other Charges due and collected from Organizers.       

​

Additional Payments. In addition to the Driver Fee, you may receive the following payments, if applicable: (i) any tips provided by an Organizer to you, (ii) any damage charges collected on your behalf, or (iii) any incentive payments you earn based on your provision of Services. The net amount of any payments you receive will reflect any applicable fees or other charges owed by and collected from you in exchange for your use of the Boomerang Platform.

 

Platform Fees. In exchange for your use of the Boomerang Platform and the services provided by Boomerang to you, you agree to pay Boomerang (and permit Boomerang to retain) a Platform Fee based on each ride or Services you provide. Platform fees may vary from ride-to-ride and consist of the difference between the Ride Fees and Driver Fees.  

 

Payments, Adjustments, and Payment Reconciliation. Boomerang will collect payments owed to you by Organizers and other third parties as your limited collection agent and you agree that receipt of such payments by Boomerang satisfies the payer’s obligation to you. Boomerang reserves the right to adjust or withhold all or a portion of any Charges, including Ride Fees and/or other payment owed to you (except tips) (i) to satisfy the Platform Fee owed in exchange for your access to or use of the Boomerang Platform, (ii) to retain the Booking Fee and Cancellation Fee, or any portion thereof, (iii) if we believe you have attempted to defraud Users, Boomerang, or Boomerang’s payment systems, or (iv) in order to resolve a User complaint (e.g., that you took an inefficient route or failed to properly end your Services when the ride was over). Boomerang will adjust or withhold Ride Fees or other payments in a reasonable manner. You agree that all payments owed to you shall not include interest and will be net of any amounts we are required to withhold by law. 

​

Processing of Payments

​

Payment processing for Drivers is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Use (collectively, the “Stripe Services Agreement”). By agreeing to the Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Boomerang’s enabling payment processing services through Stripe, you agree to provide Boomerang accurate and complete information about you, and you authorize Boomerang to share it with Stripe, along with the transaction information related to your use of the payment processing services provided by Stripe.

 

Taxes. Drivers are responsible for reporting to all applicable government agencies as income all payments received pursuant to the Terms of Use and these Pricing and Payment Terms. Boomerang will report or cause such reporting by a third party payment processor the payments paid to Driver under this Agreement by filing Form 1099-MISC with the Internal Revenue Service as required by law. Drivers will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you. Drivers will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.

 

No additional Amounts. Drivers acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Boomerang may seek to generate additional demand for Driver Services from new and existing Users. Such advertising or marketing does not entitle Drivers to any additional monetary amounts beyond the amounts expressly set forth in these Pricing and Payment Terms. These promotions or offers to participate in a promotion, unless made to you, are inapplicable to these terms or your relationship with Boomerang.

 

Promotions

​

Boomerang, in its sole discretion, may offer promotions with different features and terms to any of its Users. These promotions or offers to participate in a promotion, unless made to you, are inapplicable to these Pricing and Payment Terms or your relationship with Boomerang. Discounts to Organizers may impact the Driver Fees or any other payments owed to Drivers. You agree that Boomerang may sell passes or subscriptions on your behalf to generate additional leads for your Services.