TERMS OF USE:

We are pleased that you are interested in using DriveHER the platform designed with you in mind. Before you contact a Driver and request a ride you must agree to these Terms of Use for the DriveHER Platform (the “Agreement”), which includes in, an agreement to arbitrate claims and disputes.  PLEASE CAREFULLY READ THIS AGREEMENT AND REVIEW THE AGREEMENT TO ARBITRATE. BY CLICKING AND INDICATING THAT YOU AGREE TO THIS AGREEMENT AND SUBMITTING YOUR REGISTRATION THROUGH THE DRIVEHER APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CLICK AND INDICATE THAT YOU AGREE TO THIS AGREEMENT, REGISTER FOR AN ACCOUNT, OR ACCESS OR USE THE DRIVEHER APP.

This Agreement is a legal agreement between DriveHER Transportation, Inc. (“DriveHER,” “our” or “we”) and “you” (also referred to as “your”) that governs your use of the DriveHER app (the “App”) and website (“Site”), including all Updates (defined in Section 2 below), related documentation, and information and content provided by DriveHER (collectively, the “DriveHER Platform”), except when you use the App in “Driver Mode” and provide rides to others.  All use of the App in “Driver Mode” is governed by the DriveHER App Driver Terms (“Driver Terms”) and you agree that if you turn on “Driver Mode” you are bound by and agree to the Driver Terms which also include an agreement to arbitrate claims and disputes in Section 23.

DriveHER works to supply the technology and platform for riders (“Riders”) (i.e., you) to connect with drivers (“Drivers”).  As a Rider, you will have a direct business relationship with each Driver you meet through the DriveHER Platform and choose to ride with.  It is up to you to decide whether to accept a ride from a particular Driver, and you agree that DriveHER does not have a partnership, employee/employer or agency relationship, or joint venture affiliation with any Driver.

By using the DriveHER Platform, you authorize the collection of information about you and your use of the DriveHER Platform, the device from which you access the DriveHER Platform, and the use, transmission, processing and storing of information as described in DriveHER’s Privacy Policy

 

  1.          Account Registration. In order to use the DriveHER Platform, you will need to log in with a user account for which you register through the App (“Account”). You agree to provide current, complete and accurate Account information when you register for an Account and when you update your Account information by updating your “profile.” You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to keep your log-in information confidential, and you agree not to authorize any third party to use it or your Account without DriveHER’s permission. You agree to notify us immediately at info@driveher.ca if you suspect any unauthorized use of your Account or the DriveHER Platform, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the DriveHER Platform. You agree not to attempt to access any restricted features or functionality (if any).

 

  1.          Updates. If DriveHER provides updates, supplements or add-on components to the DriveHER Platform (collectively, “Updates”), this Agreement will apply to the Updates unless DriveHER provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that DriveHER may automatically check your version of the App, send Updates to the App, and release subsequent versions of the DriveHER Platform and require you to the use the most current version. DriveHER reserves the right to suspend, terminate or remove your Account from the DriveHER Platform if you do not comply with this Section.
  2.        Third-Party Services, Products and Content. DriveHER does not endorse or sponsor any information, content, products or services provided by third parties that may be made available to you through the DriveHER Platform. Third-party products or services are governed by their own terms of use and privacy policies. You must obtain or use these products or services separately and pay all associated charges, if any.
  3.          License to Use of the DriveHER Platform. Conditioned on your compliance with this Agreement, DriveHER grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the App and to access and use the non-downloadable portions of the DriveHER Platform for your personal use on devices owned or otherwise controlled by you solely in connection with your Account on the DriveHER Platform.
  4.         License Restrictions. The license granted in Section 4 is conditioned on your compliance with the following:

You must not attempt to work around, disable, bypass, modify or defeat any technical limitations in the DriveHER Platform or to use the DriveHER Platform in an attempt to, or in conjunction with any device, program or service designed to, circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;

        1.          Further Restrictions. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the DriveHER Platform, except and only to the extent that applicable law expressly permits, despite this limitation;
  •         You must not download or copy the DriveHER Platform, except as expressly permitted in Section 4;

You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit or otherwise make available the DriveHER Platform or any features or functionality of the DriveHER Platform to any third party for any reason;

  1. You must not modify or make any derivative works of the DriveHER Platform, in whole or in part;
  1. You must not remove any proprietary notices or labels on the DriveHER Platform or any copy thereof;

You must not interfere with the proper functioning of the DriveHER Platform or use it, as a platform for external applications; to develop applications, services, websites; or in connection with any other functionalities that leverage the DriveHER Platform or any portion thereof;

You must not use the DriveHER Platform in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; or military or aerospace applications, weapons systems or environments;

You must not make any use of the DriveHER Platform in any manner not permitted by this Agreement (including to engage in any prohibited activities described below);

You must not make use of the DriveHER Platform in any manner not permitted by any Additional Terms; and

You must use the DriveHER Platform in compliance with all applicable local laws.

 

  1.         Your Content. You are solely responsible for all content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated by you or your Account through or in connection with the DriveHER Platform (“Your Content”). DriveHER does not claim ownership of Your Content. You grant DriveHER and its affiliates and service providers a worldwide, royalty-free, transferable, sublicense, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish and translate Your Content (and derivative works thereof) in connection with the operation of the DriveHER Platform and DriveHER’s business. DriveHER is under no obligation to enable the transmission of Your Content through the DriveHER Platform and may, in its discretion, edit, block, refuse to post or remove Your Content at any time. You represent and warrant that you have the rights and authority necessary to grant the rights in this Section and that Your Content does not infringe the rights of DriveHER or any third party or violate any agreement with or policy of DriveHER or any applicable law. Your Content must not contain hateful, violent, pornographic, illegal or overall offensive materials, as determined by DriveHER in its sole discretion. It is your sole responsibility to review Your Content for those materials. DriveHER is in no way responsible for monitoring Your Content but may remove it or take other appropriate action including using the DriveHER Platform and other technology to track or investigate activities that are, in DriveHER’s sole discretion, illegal or a violation of these terms. If DriveHER suspects violations of the foregoing, DriveHER may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
  2.         Reservation of Rights. You acknowledge and agree that the DriveHER Platform is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the DriveHER Platform other than the right to use the DriveHER Platform in accordance with the license in Section 4. DriveHER reserves and retains its entire right, title and interest in and to the DriveHER Platform, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
  3.         Platform Availability and Support. DriveHER has no obligation to and might not provide support in relation to the DriveHER Platform or your Account. DriveHER does not guarantee availability of the DriveHER Platform or your Account and your access is permitted only if and when the App is available. Your use of the DriveHER Platform and access to your Account may occasionally be restricted for service, upgrades, maintenance or other reasons. To the maximum extent authorized under applicable law, DriveHER reserves the right to suspend your Account and your use of the DriveHER Platform.
  4.         Minimum Age To Access the App.  In order for you to create an Account and use the DriveHER Platform, you must be at least 18 years of age and have the ability and competence to form legally binding contracts under applicable law.  The DriveHER Platform is not available to or intended to be used by children.  You represent and warrant that you are at least 18 years old and you have the right, title, authority and capacity to enter into and abide by this Agreement. In order to use the DriveHER Platform you will need to have a mobile device with a data connection.  You are responsible for all fees and charges required for the operation and use of your mobile device, including data transmission fees.
  5.         Prohibited Activities. In connection with your use of the DriveHER Platform and any rides that you request through the DriveHER Platform, you agree that you will not impersonate any person, violate any laws (e.g., transport illegal firearms or carry open alcoholic beverages in a Driver’s vehicle), transport hazardous materials, cause any harm to person or property, or act in any manner that is unpleasant or unsafe.
  6.         Fees and Payment. In order to request a ride from a Driver, you will need to provide active, up-to-date credit card information as part of your Account information.   In its sole discretion, DriveHER brokers the rates that you will pay for rides you request through the DriveHER Platform (the “fares”).  The amount of the fare is dependent on many factors including drive time, mileage, tolls, bridges, ferries, and promotion rates. You agree that fares may be charged to the credit card associated with your Account immediately upon completion of each ride.  You are not obligated to, but you may also, pay a tip to the Driver that gave you the ride.  You are solely responsible for any damage you cause to a Drivers vehicle and you agree that, if you damage a Driver’s vehicle, a damage fee may be charged to your credit card to cover the costs of vehicle repair and cleaning.  Before you request a ride, we may provide you with an estimate of the fares for a ride to a specific location.  All estimates are non-binding and you agree to pay the actual fares calculated at standard rates even if they exceed the estimate.  All fares are non-refundable.
  7.         Cancellation Fees. If you cancel a ride after the “Fee Free” cancelation period, you do not show up at the pickup location, or you otherwise prevent the ride from commencing after you request it, you may be charged and agree to pay a cancellation fee.  Please review the Cancellation Policy which may change at any time.  If you, on multiple occasions, cancel rides or terminate rides before the Driver takes you to the requested destination, DriverHer reserves the right to terminate or suspend your Account.
  8.        Promotional Codes. DriveHER may make available promotional codes.  Promotional codes may expire and are non-transferable.  You agree not to duplicate, transfer, sell or provide any DriveHER promotional code provided to you to anyone else.  Promotional codes have no cash value and may not be redeemed for cash or credit.
  9.        Account Termination/Suspension. You may terminate your Account by sending an email to info@driveher.ca.  DriveHER reserves the right to terminate or suspend your Account at any time and for any reason. If we terminate or suspend your Account, you may not sign up for another Account. If you or DriveHER terminate your Account, this Agreement will automatically terminate. 

 

  1.         Relationship of the Parties. You agree that you are not and will not be considered an employee or agent of, or partner or joint venture with, DriveHER.
  2.         Feedback.  You may, in your sole discretion, communicate comments, suggestions and feedback related to the DriveHER Platform (“Feedback”).  To the extent you provide us Feedback, we may use and exercise any and all rights in that Feedback without restriction or obligation of any kind (even after this Agreement or your Account is terminated) and that Feedback will not be deemed to create any confidentiality obligation for DriveHER.
  3.        Limitation of Liability. You are solely responsible for all liability arising from your use of the DriveHER Platform and rides you take with Drivers. In no event will DriveHER be liable for any claims or losses arising from your use of the DriveHER Platform or any ride you take with a Driver including property damage, personal injury, and death. DriveHER is not responsible for any damage to a Driver or Rider’s personal property.
  4.          Damages.  To the maximum extent permitted by applicable law, in no event will DriveHER , its affiliates or any of their employees, agents, directors, or officers be liable for any consequential, special, incidental, indirect, or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; or any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to this agreement or your access to or use of the DriveHER platform including to obtain rides from DriveHER’s, even if DriveHER or any of their employees, agents, directors, or officers has been advised of the possibility of such damages.

 

 

  • Disclaimer of Warranties. DriveHER does not make any and disclaims all warranties and conditions with respect to the DriveHER’s platform, including all express, implied and statutory warranties and conditions. In particular, DriveHER hereby disclaims any implied warranties or conditions of title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the DriveHER platform will be available or provided on an uninterrupted, timely or secure basis; will be accurate, complete, reliable or function properly; meet your requirements; will be compatible with your devices; will be error free or free from viruses, worms or other harmful or malicious components; will provide safety, privacy or security; or will prevent or minimize theft, property damage or injury.  In no way limiting the foregoing,

 

 

DriveHER specifically disclaims the following:

DriveHER does not guarantee any outcomes that result from the use of the DriveHER Platform, including the ability to locate a Driver or obtain a ride or the quality or safety of any ride.

DriveHER does not guarantee the accuracy of the GPS function and locations on the DriveHER Platform, including travel time, road construction and pick-up points.

While the DriveHER Platform provides the five-star rating system and favourite button to enable riders to find highly-rated Drivers, DriveHER does not guarantee that you will ever be matched with a favourite Driver.

You may be rated by Drivers, and DriveHER does not have control over your rating or guarantee it is accurate.

DriveHER cannot guarantee the identity, objective or purpose of a Driver. Though we may provide features and functionality designed to make pick-ups safer and tips on how to make pick-ups safer, we do not guarantee your safety.

DriveHER is not responsible for communications made with the use of the DriveHER Platform or provided by any contractor of DriveHER, including business advice, driver tips, and opinions.

 

  • Indemnification. You agree to indemnify, defend and hold harmless DriveHER and its past, present and future affiliates, and each of their directors, officers, and employees from and against all past, present and future claims arising out of or related to (i) your access or use of the DriveHER Platform including any rides you arrange using the DriveHER Platform;  (ii) your failure to comply with any law, rule, or regulation; or (iii) your failure to comply with any provision of this Agreement or any other agreement or policy of DriveHER.
  • Notice. DriveHER may give you all required notices (including legal process) by any lawful method, including by posting notices in the DriveHER Platform, sending a text message to any phone number you provide to DriveHER, or by sending it to any email address that you provide to DriveHER. You agree to send DriveHER notices by mailing them to the following address:  100 Dundas St East Unit 502 Mississauga ON L5A1W5 or by email info@driveher.ca
  • Changes toTerms. DriveHER reserves the right to change the terms of this Agreement at any time upon notice to you. You agree to periodically review the terms of this Agreement for changes and you can review the most current Agreement at any time at http://driveher.ca  DriveHER will provide notice of material changes in accordance with Section 21. Any modifications to this Agreement are binding on you as of the effective date indicated in our notice. Your continued use of the DriveHER Platform after the effective date indicates your acceptance of the updated Agreement, even if you have not reviewed it. If, at any time, you do not agree to the terms of this Agreement, including any updates to this Agreement, you must cancel your Account and stop using this DriveHER Platform.
  • Governing Law. This Agreement is governed by the laws of the Province of Ontario, without reference to its conflict of laws provisions.

 

    1. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and DriveHER each agree that all claims, controversies, and disputes between You and DriveHER, including those arising out of or related to the DriveHER Platform or this Agreement (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and DriveHER are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court.  BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND DRIVEHER ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and DriveHER otherwise agree, the Canadian Arbitration Association (“CAA”) will arbitrate all disputes and the CAA’s Consumer Arbitration Rules (but excluding CAA’s Supplemental Rules for Class Arbitration) will apply, except to the extent the provisions of the CAA Consumer Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section 24, in which case the provisions of this Section 24 will prevail and must be followed as written. You and DriveHER each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules.  BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND DRIVEHER ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any CAA rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and DriveHER each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a court of competent jurisdiction, and not by an arbitrator.  If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in an appropriate provincial court, and not in arbitration.  If any portion of this arbitration provision other than the class action waiver shall be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. A copy of the CAA Arbitration Rules is available at https://canadianarbitrationassociation.ca/arbitration/  and is incorporated herein by this reference as though set forth in full. You and DriveHER each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your province within 100 miles of where you live. You and DriveHER each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and  DriveHER each are responsible for your or its respective costs relating to the arbitration, except that  DriveHER will pay all arbitration administrative or filing fees, including the arbitrator fees. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for DriveHER in Section 21. You may opt out of the agreement to arbitrate in this Section by mailing DriveHER written notice of your election to opt out at 100 Dundas St East Unit 502 Mississauga ON L5A1W5 info@driveher.ca or 416-993-5534 within 45 days of registering for your Account, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by DriveHER.  Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under this Agreement. 
    2. If any provision of this Agreement is determined to be illegal, invalid, unconscionable or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. You and DriveHER intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and DriveHER agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.”  DriveHER may assign this Agreement, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, in the DriveHER Platform, or under this Agreement. If, at any time, DriveHER fails to respond to a breach of this Agreement by you or others, that failure will not waive DriveHER’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on DriveHER if it is in writing and signed by DriveHER. This Agreement (including Additional Terms and any referenced terms or policies) constitutes the entire agreement between you and DriveHER with respect to your Account and the DriveHER Platform. You warrant that, in entering into this Agreement, you have not relied on nor will you have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and DriveHER, or DriveHER’s successors and permitted assigns, will have any right to enforce this Agreement.

 

DRIVER TERMS.

August 25, 2016

PLEASE CAREFULLY READ THIS AGREEMENT AND REVIEW THE AGREEMENT TO ARBITRATE. BY CLICKING AND INDICATING THAT YOU AGREE TO THIS AGREEMENT AND SUBMITTING YOUR REGISTRATION TO BE A DRIVERTHROUGH THE DriveHER APP OR WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CLICK AND INDICATE THAT YOU AGREE TO THIS AGREEMENT, REGISTER FOR AN ACCOUNT, OR ACCESS OR USE THE DriveHER APP, WEBSITE OR TECHNOLOGY PLATFORM AS A Driver.

This Agreement is a legal agreement between DriveHER Transportation Inc. (“DriveHER,” “our” or “we”) and “you” (also referred to as “your”). This Agreement contains terms governing use of the “Driver Mode” of the DriveHER App (“App”), and it applies when you use the App in Driver Mode and provide rides to customers (defined below) with which you connect through the App.  This Agreement supplements the Platform Terms of Use to which you must also agree in order to use the App and DriveHER’s website (collectively, the “DriveHER Platform”).  In the event of any conflict between the DriveHER Platform Terms of Use and this Agreement, this Agreement will govern.

DriveHER does not offer ride hail service transportation. DriveHER works only to supply the technology and platform for customers (“Riders”) and drivers (“Drivers”) to connect. As a Driver, you will have a direct business relationship with each Rider you meet through the DriveHER Platform and choose to provide  services to.. In no way do you and DriveHER have any partnership, employee/employer or agency relationship, or joint venture affiliation.

By using the DriveHER Platform, you authorize the collection of information about you and your vehicle, your use of the DriveHER Platform, the device from which you access the DriveHER Platform, and the use, transmission, processing and storing of information as described in DriveHER’s Privacy Policy.

If eligible, you may only use the DriveHER Platform as a Driver once you have successfully completed all the requirements described in the Account Registration, Driver Eligibility, Vehicle Eligibility and Insurance Requirements sections of this Agreement and have acknowledged that you have reviewed and agree to this Agreement, including Section which includes an agreement to arbitrate all claims and disputes.

  1. Use of Driver Mode. In order to use the App in Driver Mode and connect with customers, you will need to log in with a user account for which you register through the DriveHER website or App (“Account”). Your Account may be the same Account that you use when you use the DriveHER Platform as a Rider.  However, when you use the App in Driver Mode, all use of the App in Driver Mode will be governed by this Agreement even though you may have obtained your Account and used the DriveHER Platform as a Rider prior to registering to become a Driver and using your Account to access Driver Mode.
  2. Driver Eligibility. You must comply with all applicable regulatory requirements for Private Transportation Companies. This means that you must be 20 years of age or older, have a valid and current province-issued driver license, have at least one year of driving history, be able to safely operate a motor vehicle and successfully complete a background check. You will be subject to a background check as described in DriveHER Background Check Policy ).

You will be required to complete a driver training program prior to providing services to customers using the DriveHER Platform. You must have the ability and competence to form legally binding contracts under applicable law in order to use the DriveHER Platform as a Driver.

If your Account is temporarily or permanently suspended, removed or terminated, as described in Section 9, you will be ineligible to use the DriveHER Platform as a Driver or a Rider.

  1. Vehicle Eligibility. You may only provide services to customers using the DriveHER Platform with vehicles that have been approved by and registered with DriveHER.  As required by applicable regulations, any vehicle used by a Driver using the DriveHER Platform must pass a multi-point vehicle inspection test conducted by a licensed inspection facility which is described in DriveHER’s Vehicle Inspection Policy.  Any vehicle a Driver uses to provide services to Riders must be owned by the Driver, their spouse, or you must have the written consent of the owner to use the vehicle. You are required to provide DriveHER with proof of a valid province vehicle registration for any eligible vehicle. You must display the DriveHER Label (defined below) on your vehicle as required by applicable regulations.
  2. Insurance Requirements. You are required to have personal automobile insurance at coverage levels sufficient to meet all applicable legal requirements and must present proof of current insurance before using the DriveHER Platform as a Driver (and otherwise upon request). You understand and acknowledge that your personal automobile insurance policy may exclude from coverage the services you provide to Riders as an excluded business operation. You are responsible for confirming with your insurer that you have adequate insurance coverage for all services you provide to Riders.
  1. Prohibited Activities. You are strictly prohibited from accepting street hails while displaying the DriveHER Label (defined below) and are likewise prohibited from arranging future trips with Riders that are not processed through the DriveHER Platform. Attempting to divert Riders away from the DriveHER Platform will result in suspension or termination of your Account. Further you should be aware that violating the above voids the insurance provided to you through DriveHER.  If you do not correctly follow the rules of accepting and transporting customers, you do not have insurance coverage through DriveHER’s policy. You can drive passengers using other transportation technology platforms so long as you do not display the DriveHER Label on your vehicle while doing so or otherwise breach the terms of this Agreement or any other agreement or policy with DriveHER. You agree to comply with DriveHER’s policy concerning Additional Prohibited Activities.
  2. Use of DriveHER Label. We may provide you stickers containing our logo for use on your vehicle when you are driving customers you meet through the DriveHER Platform (“DriveHER Label”). You may only use the DriveHER Label on a vehicle that complies with the Vehicle Eligibility requirements and solely as permitted by the instructions we provide you.
  3. Payments from Customers. In its sole discretion, DriveHER brokers the rates that customers will pay you for rides you accept through the DriveHER Platform (the “fares”). You are not guaranteed that you will connect with any customers or arrange any rides through the DriveHER Platform and DriveHER does not guarantee you will receive any fares. The amount of the fares paid by Riders is dependent on many factors including: drive time, mileage, tolls, bridges, ferries and promotional codes. You will receive fares from Riders for each ride, any tips a Rider chooses to give you, and any cancellation fees that may be charged to a Rider who cancels a trip you have accepted. Fares, tips and cancellation fees, as applicable, will be collected from the Rider and remitted directly to you by the then-current payment processor for the DriveHER Platform. In order to receive these payments from Riders , you will need to establish a merchant account with the then-current payment processor for the DriveHER Platform (“payment processor”) and agree to the payment processor’s agreement. On a daily basis, the payment processor will combine individual fares, tips, and cancellation fees from Riders with which you connect through the DriveHER Platform, calculate the amounts to be remitted each day, and issue payments to you. You agree that the payment processor can deduct a payment processing fee and our Service Fees (described below) from the fares, tips, and cancellation fees collected from Riders with which you connect through the DriveHER Platform. Following issuance by the payment processor, payments generally take 2-5 business days before they are deposited in a Driver’s bank account. You are not eligible to receive interest for any delayed payments. You agree that the payment processor is solely responsible for collecting fares, tips, and cancellation fees and remitting payments to you and we are not responsible or liable for any delays or errors in processing payments or any lost fares, tips, or cancellation fees.
  4. Service Fees. For the use of the DriveHER platform, you agree to pay DriveHER a service fee for each trip with a Rider  that you arrange through the DriveHER Platform at the then-current service fee rates listed on DriveHER’s  web site, which DriveHER may change at any time in its sole discretion (“Service Fee”).  You agree that the payment processor for the DriveHER Platform may deduct the Service Fee from the amounts it collects from Riders for trips you arrange through the DriveHER Platform and pay DriveHER before remitting fares and tips to you.

DriveHER reserves the right to change the amount of all Service Fees and how they are calculated at any time.  DriveHER will send you notice of any changes of Service Fees through a message sent by email or text, or transmitted to you through the App. If you continue to use the DriveHER Platform after a Service Fee change notice, your use of the DriveHER Platform is your consent to the updated Service Fee.

  1. Termination; Suspension. You may terminate your Account by sending an e-mail to support@driveher.ca, after a representative confirms your identity we will terminate the active status of your Account. DriveHER reserves the right to terminate or suspend your Account at any time and for any reason. If we terminate or suspend your Account, you may not sign up for another Account. If you or we terminate your Account, this Agreement will automatically terminate.  Upon termination Sections 1, 10-17 and 20-21 of this Agreement will survive.
  2. Relationship of the Parties. You agree that you are not and will not be considered an employee, agent, or partner venture with DriveHER. You have no authority to enter into any contract, assume any obligations or make any warranties or representations on behalf of DriveHER. In addition, in any communication, whether oral or written, you must not hold yourself out or otherwise represent yourself as an employee, officer, representative or agent of or partner or venturer with DriveHER.

You are responsible for all expenses you incur, including mileage, vehicle maintenance, fuel, data charges, and your mobile device, and you must provide all equipment necessary to use the DriveHER Platform. You are not entitled to receive any benefit from any benefit plan that may be available to employees of DriveHER, such as health, disability or life insurance, paid time off, sick leave, retirement funds, or workers compensation insurance. To the fullest extent allowed by law, you hereby waive any right you may subsequently have to any of those benefits if your status is characterized in a way that would otherwise entitle you to them.

You are solely responsible for filing all necessary provincial and federal tax returns, paying all income, self-employment, excise, or other taxes, and provincial or federal contributions arising from the payments you receive from customers or your use of the DriveHER Platform. You are encouraged to consult with a tax advisor regarding your tax obligations from the services you provide using the DriveHER Platform.

You will determine where and when you will use the DriveHER Platform. You may also determine to which customers you will provide services provided that you comply with all applicable laws. You may provide services to other companies and may use other transportation technology platforms so long as you do not display the DriveHER Label when doing so or otherwise breach the terms of this Agreement or any other agreement or policy with DriveHER.

  1. You may have access to trade secrets and other Confidential Information (as defined below) of DriveHER. For purposes of this Agreement, “Confidential Information” includes but is not limited to all trade secrets, inventions, designs, know-how, software, models, specifications, blueprints, transparencies, test data, mechanical, electronic or optic devices, prototype models, specimens, the whole or any portion or any phase of any scientific, technical, or business information, processes, photographs, procedures, formulas, any future plans, customer and supplier lists and contacts, market studies, cost and price studies, and additions, modifications, and improvements thereon, and any other subject matter that is not available to the general public in substantially identical form without restriction.  Confidential Information will for all time and for all purposes be regarded as strictly confidential and held by you in trust.  You will not use or disclose Confidential Information to any other person, firm, corporation, company, or entity now or at any time in the future unless DriveHER instructs you to do so in writing.
  2. Injunctive Relief. You and DriveHER agree that you each would suffer irreparable harm, for which there would not be an adequate remedy at law, for any breach of Section 11. In the event of any breach or threatened breach of Section 11, or in the event DriveHER terminates or suspends your Account, you and DriveHER may seek immediate restraining orders and injunctive relief in an applicable provincial court in Toronto, pending resolution of any issues in arbitration, including any other remedies available at law or in equity.
  3. Driver Representations and Warranties. As a condition of your use of the DriveHER Platform as a Driver, you represent, covenant, and warrant that:
  4. You will comply with all applicable local, provincial and federal laws and regulations, including all laws and regulations related to your use of the DriveHER Platform, providing trips to Riders, and the operation of a motor vehicle.
  5. You are 20 years of age or older and have the ability and competence to agree to the terms and conditions of this Agreement.

iii.    You have or will obtain all necessary licenses in connection with your use of the DriveHER Platform and provision of services to Riders and all of those licenses will remain in full force and effect while you have an Account.

  1. You have all authorizations required to lawfully use the DriveHER Platform and provide trips to Riders, including any and all required authorizations under immigration law, and those authorizations will remain in full force and effect while you have an Account.
  2. You have, and will maintain at all times you have an Account, adequate insurance coverage sufficient to meet applicable legal requirements and to cover any liability that may arise out of your use of the DriveHER Platform or provision of rides to customers.
  3. You own, or have the legal right to operate, the vehicle you use when providing rides to customers, and the vehicle complies with the vehicle eligibility requirements in this Agreement and in the Vehicle Inspection Policy. You will only provide services to customers using a vehicle approved by DriveHER.
  1. You will comply with DriveHER’s Safety Policy, and with all other DriveHER’s policies posted on the DriveHER Platform.
  2. You will not engage in any prohibited activity as described in this Agreement and in DriveHER’s Additional Prohibited Activities Policy

In the event of an accident, you will comply with all applicable regulations including: automobile insurance requirements, accident reporting (including to the Municipal Office and your insurance carrier), and accident investigation compliance, and will report any such accidents to DriveHER,  as required by its insurance carrier.

 

  1. Limitation of Liability. You are solely responsible for all liability arising from your use of the DriveHER Platform and provision of services to riders. In no event will DriveHER be liable for any claims or losses arising from your use of the DriveHER Platform or provision of services to Riders including loss of license, loss of wages, property damage, personal injury and death and even if they arise from an automobile accident when you are providing a trip to a Rider. In the event you are found in contravention of the applicable provincial Highway Traffic Act , you will be financially responsible for all penalties or fines arising from the violation. DriveHER is not responsible for any damage to a Driver or any Rider’s personal property.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DriveHER TRANSPORTATION INC., ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE DriveHER PLATFORM INCLUDING TO PROVIDE SERVICES TO RIDERS, EVEN IF DriveHER  OR ANY OF ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (including fraud, fraudulent misrepresentation and failure to disclose defects), or for death or personal injury. Nothing in this Agreement will be interpreted as excluding liability that cannot be excluded under applicable law. If you live or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and you may have additional rights.

  1. Disclaimer of Warranties. DriveHER DOES NOT MAKE ANY AND DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DriveHER PLATFORM, INCLUDING ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, DriveHER  HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE DriveHER PLATFORM WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; WILL BE COMPATIBLE WITH YOUR DEVICES; WILL BE ERROR FREE OR FREE FROM VIRUSES, WORMS OR OTHER HARMFUL OR MALICIOUS COMPONENTS; WILL PROVIDE SAFETY, PRIVACY OR SECURITY; OR WILL PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE OR INJURY.  In no way limiting the foregoing, DriveHER specifically disclaims the following:

DriveHER does not guarantee any outcomes that result from the use of the DriveHER Platform, including the number of trips, compensation and customer interactions.

DriveHER does not guarantee the accuracy of the GPS function and locations on the DriveHER Platform, including travel time, road construction and pick-up points.

While the DriveHER Platform provides the five-star rating system and favourite button to enable Drivers to find highly-rated riders, DriveHER does not guarantee that you will ever be matched with a favourite Rider(s).

Five-star ratings are provided by Riders and DriveHER does not have control over your five-star rating or guarantee it is accurate.

DriveHER cannot guarantee the identity, objective or purpose of a Rider. Though we may provide features and functionality design to make pick-ups safer and tips on how to make pick-ups safer, we do not guarantee your safety.

DriveHER is not responsible for communications made with the use of the DriveHER Platform or information provided to you by any contractor of DriveHER, including business advice, driver tips and opinions.

  1. You agree to indemnify, defend and hold harmless DriveHER and its past, present and future affiliates, and each of their directors, officers, and employees from and against all past, present and future claims arising out of or related to (i) your access or use of the DriveHER  Platform  including any rides you accept using the DriveHER Platform;  (ii) your failure to comply with any law, rule, or regulation; (iii) your failure to comply with any provision of this Agreement or any other agreement or policy of DriveHER; (iv) any claims arising from an assertion that you are an employee of DriveHER  or (v) any claims related to fare or wage payments, social security payments, payroll taxes, workers’ compensation or other withholdings and contributions arising from the performance of your services for customers or use of the DriveHER Platform.
  2. DriveHER may give you all required notices (including legal process) by any lawful method, including by posting notices in the DriveHER Platform, sending a text message to any phone number you provide to DriveHER, or by sending it to any email address that you provide to DriveHER You agree to send DriveHER notices by mailing them to the following address: 100 Dundas St East Unit 502 Mississauga ON L5A1W5, and by email to the following email address: info@driveher.ca
  3. DriveHER reserves the right to change the terms of this Agreement at any time upon notice to you. You agree to periodically review the terms of this Agreement for changes and you can review the most current Agreement at any time at www.driveher.ca. DriveHER will provide notice of material changes in accordance with Section 17. Any modifications to this Agreement are binding on you as of the effective date indicated in our notice. Your continued use of the DriveHER Platform after the effective date indicates your acceptance of the updated Agreement, even if you have not reviewed it. If, at any time, you do not agree to the terms of this Agreement, including any updates to this Agreement, you must cancel your Account and stop using this DriveHER Platform.
  4. If any provision of this Agreement is determined to be illegal, invalid, unconscionable or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. You and DriveHER intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and DriveHER agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.
  5. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.  DriveHER may assign this Agreement, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, in the DriveHER Platform, or under this Agreement. If, at any time, DriveHER fails to respond to a breach of this Agreement by you or others, that failure will not waive DriveHER’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on DriveHER if it is in writing and signed by DriveHER. This Agreement (including Additional Terms and any referenced terms or policies) constitute the entire agreement between you and DriveHER with respect to your Account and the DriveHER Platform. You warrant that, in entering into this Agreement, you have not relied on nor will you have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and DriveHER, or DriveHER’s successors and permitted assigns, will have any right to enforce this Agreement.

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  1. INDIVIDUAL

You and DriveHER agree that, unless you opt out from arbitration in accordance with this Section, any “Covered Dispute” (defined below), will be settled by binding individual arbitration, except as provided below. You and DriveHER agree to waive any right to have any Covered Disputes heard or decided through any type of representative action (including class actions; class arbitrations; collective actions; collective arbitrations; coordinated or consolidated arbitrations, actions, or proceedings).

 

  • Individual Arbitration of Covered Disputes. You and DriveHER agree to submit certain types of disputes to binding arbitration. Binding arbitration is a form of dispute resolution, which resolves a dispute outside of court with no jury trial. Any claim, controversy or dispute you may have with DriveHER or any of its past, present or future employees, agents, directors, trustees or shareholders, or which DriveHER may have with you, arising from or relating to this Agreement, your use of the DriveHER Platform, your provision of services to Riders utilizing the DriveHER Platform, or the relationship between you and DriveHER (collectively “Covered Disputes”) will be finally settled by binding individual arbitration. You and DriveHER agree to waive any right to have Covered Disputes heard or decided through any type of court, judge or jury trial.

Covered Disputes include employment-related claims, regardless of the characterization of your work or classification, including any claims related to the classification of your relationship with DriveHER , claims arising in tort, contract or common law, claims arising under any federal, provincial  or local employment-related statutes or ordinances including claims for discrimination, harassment or retaliation, and claims related to wages, compensation, hours, meal and rest breaks, business expenses and statutory penalties.