TERMS OF SERVICE FOR Drivers
Last Updated: 5th March 2018
RideCo TRANSPORTATION PROVIDER SERVICE AGREEMENT
RideCo Inc. (“RideCo”/“WE”/“US”/“OUR”/“COMPANY”) OPERATES THE WEBSITE, https://www.rideco.com/ (THE “WEBSITE”), THE RideCo RIDER MOBILE APPLICATION (THE “RIDER APP”) AND THE RideCo PARTNER MOBILE APPLICATION (THE “DRIVER APP”). THE TERMS AND CONDITIONS STATED HEREIN (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, AN INDEPENDENT PROVIDER OF RIDESHARE OR P2P TRANSPORTATION SERVICES (“TRANSPORTATION PROVIDER”) AND RideCo. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO BIND SUCH CORPORATION OR ENTITY TO THE TERMS OF THIS AGREEMENT, AND YOU ARE REQUIRED TO ENSURE THAT ANY EMPLOYEES OR CONTRACTORS WHO REGISTER TO BE TRANSPORTATION PROVIDERS THROUGH YOU ACCEPT THE TERMS OF THIS AGREEMENT. BY CLICKING “YES, I AGREE,” YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.
- The RideCo Service. The “RideCo Service” provides a software platform that allows registered users (“Riders”/”Customers”) to order and receive rides from independent third party providers of transportation and/or logistics services who have registered as transportation providers (“Transportation Providers”) on the software platform. You acknowledge that Rideco is a provider of lead generation and optimization services and that RideCo is not a transportation carrier and does not provide transportation or logistics services.
- RideCo Affiliates. The RideCo Service may be offered in partnership with other third parties (“RideCo Affiliates”) such as municipalities, not-for-profit organizations, and private corporations. For example, RideCo may enter into an agreement with a city to subsidize and/or promote the Service; or RideCo may license certain technologies in order to provide the Service. RideCo Affiliates shall be a beneficiary of sections 23 (Insurance), 30 (Limitation of Liability), 31 (Indemnification), 34 (Release), and 37 (Disputes) of this Agreement.
- Your Vehicle. As a Transportation Provider, you must have access to a vehicle you are in lawful possession of either as an owner or lessee. We do not provide vehicles, as we do not operate a transportation carrier business. In providing the transportation services, you must use a vehicle that complies with all applicable laws. You are required to use a vehicle that is a model approved by the RideCo. Any such vehicle shall be no more than ten (10) model years old, and shall be in good operating condition. Prior to execution of this Agreement, you shall provide to the Company a description of each vehicle and a copy of the vehicle registration for each vehicle(s) you intend to use to provide service under this Agreement. You agree to notify us of any change in your vehicle by submitting an updated description and vehicle registration. Any misrepresentation regarding your vehicle shall be deemed a material breach of this Agreement. Except as explicitly provided in this Agreement, you are solely responsible for all costs and expenses in connection with performing services under this Agreement, including, but not limited to, costs of fuel, fuel taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, income taxes (if applicable), equipment use fees and taxes, licensing, insurance coverage and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or national authority.
- RideCo Smartphones. RideCo may choose to (but has no obligation to) provide you with a smartphone to use in performing transportation services under this Agreement (“Device”). Any Device we provide will be on loan and will remain the property of RideCo at all times. RideCo will provide normal maintenance of the Device; however, such maintenance will not include repairs and servicing required as a result of damage (including, without limitation, water damage) to the Device, whether caused by accident, negligence, misuse, or breach of this Agreement. All repairs and servicing required as a result of any accident, negligence, misuse, or breach of this Agreement will be at the Transportation Provider’s sole cost and expense, and will be performed at a service center approved in writing by RideCo. You also assume all risks for any and all loss or damage to the Device. Upon termination of this Agreement, the Device must be immediately returned at your cost to RideCo at a location specified by RideCo.
- Driver ID. RideCo will provide Transportation Providers with identification and password keys (each, a “Driver ID”) to enable access to the RideCo Service. You must protect the security of each Driver ID. RideCo reserves the right, at all times and in RideCo’s sole discretion, to prohibit or otherwise restrict you or any of your personnel from accessing the RideCo Service for any reason or no reason.
- Ride-Share Itineraries. The RideCo Service provides optimized ride-share itineraries which includes various pick-ups and drop-offs (“Ride-Share Itineraries”). Ride-Share Itineraries are dynamic and may be updated in real-time. Each Ride-Share Itinerary that you accept will be deemed a separate contractual engagement.
- Fees for Transportation Providers Registering Directly With RideCo. If you are registering directly with RideCo as a Transportation Provider, this clause applies to you. If you are registering as a Transportation Provider indirectly through a third-party transportation company, then your fees will be described in Section 9 below. For each Ride-Share Itinerary you complete in accordance with the terms herein, you will receive a standard service Fee (“Standard Service Fee”). We have the sole discretion to determine Standard Service Fees on unassigned Ride-Share Itineraries and such Standard Service Fees on unassigned Ride-Share Itineraries are subject to change at any time. In addition, if in our sole discretion you deliver a certain performance standard in respect of a Ride-Share Itinerary, we may opt to provide you with a performance service fee (“Performance Service Fee”). You understand that tipping is not provided, and that the only fees you are eligible to receive are those provided for herein. All Standard Service Fees are payable within forty five (45) days after the date of successful completion of the applicable Ride-Share Itinerary in accordance with the terms of this Agreement. Interest shall accrue at the rate of six percent (6%) per annum on all charges remaining unpaid after due. RideCo reserves the right to withhold payment or charge back to your account any amounts otherwise due to RideCo under this Agreement, pending Company’s reasonable investigation of such breach. You are responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If RideCo believes that it is obligated to obtain tax information and you do not provide this information to us after a request, we may withhold payments to you until such information is provided. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. If you dispute any payment, you must notify RideCo in writing within thirty (30) days of such payment. Failure to so notify RideCo within this time period shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes, regulatory or governmental fees or other amounts from payments due to you as required by law.
- Fees for Transportation Providers Registering Indirectly Through Third-Party Transportation Companies. This clause applies to Transportation Providers who register indirectly through third-party transportation companies. If you are registering through a third-party transportation company, then your employer (and not RideCo) will determine the fees that you will receive for providing transportation services, and RideCo will not be liable to you for any fees under this Agreement.
Fees include 13% HST collected on transportation providers behalf.
- Pricing and RideCo Administrative Fee. You agree that RideCo has the sole discretion to determine the price of rides ordered through the RideCo Service. Pricing is based on various factors including the time of the order, pick-up and drop-off locations and distance of the ride. RideCo deducts an administrative fee from the price paid by a Rider prior to remitting the Standard Service Fee and if applicable the Performance Service Fee to you.
- Receiving and Accepting Ride-Share Itineraries. You may determine in your sole discretion when you want to be available to complete Ride-Share Itineraries. If you indicate you are available to complete Ride-Share Itineraries, we may send you notifications of Ride-Share Itineraries which you have the discretion to accept or decline. If you decline more than 80% of the Ride-Share Itineraries we have sent you in a month we may terminate this Agreement. Once you accept a Ride-Share Itinerary, you must complete such Ride-Share Itinerary according to the terms of this Agreement. We have the sole discretion to allocate Ride-Share Itineraries among Transportation Service Providers, and we have no obligation to provide you with any Ride-Share Itineraries.
- RideCo Cancellations. We have the sole discretion to cancel any Ride-Share Itinerary allocated to you, including any Ride-Share Itinerary that you have already accepted. If we provide you with at least 48 hours-notice of cancellation prior to the start time of a Ride-Share Itinerary, you will not be entitled to receive any payment in respect of such Ride-Share Itinerary. However, if we provide you with less than 48 hours-notice of cancellation, you will receive a cancellation fee in the amount of 20% of the Standard Service Fee associated with such Ride-Share Itinerary, provided that such cancellation is not made in connection with your breach of this Agreement or an investigation by us in regards to your potential breach of this Agreement.
- Cancellations by You. You also have the ability to cancel a Ride-Share Itinerary that you have committed to. If you provide us with less than 48 hours-notice of cancellation, you will be charged liquidated damages in the amount of 20% of the Standard Service Fee associated with such Ride-Share Itinerary. We shall have the right to deduct such amount from payments owing to you.
- Failure to Complete a Pick-Up. If you fail to pick-up a customer allocated to you in a Ride-Share Itinerary, you will be charged liquidated damages in the amount of $1 per applicable Rider. For example, if the applicable Ride-Share Itinerary required you to pick-up three Riders, and you fail to complete the pick-up, you will be charged liquidated damages in the amount of $3. We shall have the right to deduct such amount from payments owing to you.
- Performance of Transportation Services.In performing the transportation services, you are required to:
- Keep the Driver App turned on, GPS access enabled, connected to the internet, and in full screen mode for the entire duration of the Ride-share Itinerary, except if calling or sending a message to a customer or if looking up directions on a maps app;
- perform each pick-up and drop-off in a timely manner and in the sequence specified in the Driver App;
- notify customer of your arrival using the Driver App;
- wait for up to the time specified in the Driver App for a customer to show up at the requested pick-up location;
- provide safe, uninterrupted transport of customers to their respective destinations in accordance with the sequence specified in the Driver App;
- wait at the designated location during idle periods as specified in the Driver App;
- submit all necessary documentation requested by us in a timely manner;
- complete the Ride-Share Itinerary fully and diligently in a professional and competent manner and in accordance with: (a) this Agreement; (b) industry standards; and (c) any requirements of law, as applicable.
Failure to comply with this paragraph shall constitute a material breach of this Agreement.
- Use Restrictions. You shall not and shall not permit anyone to:
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website, Driver App or RideCo Service or access the Website, Driver App or RideCo Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions; or (iii) advertise or promote third party products or services or your own products or services;
- circumvent any user limits or other timing or use restrictions that are built into the RideCo Service or attempt to gain unauthorized access to parts of the RideCo Service which are not made available to you by RideCo including access to other users accounts;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the RideCo Service or unduly burdening or hindering the operation and/or functionality of any aspect of the RideCo Service;
- attempt to gain unauthorized access to or impair any aspect of the RideCo Service or its related systems or networks;
- intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server, or the RideCo Service, whether through the use of a network analyzer, packet sniffer, or other device;
- resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the RideCo Service (or any of its components) available to any third party without RideCo’s prior written consent; or
- use the RideCo Service for any unlawful purpose, including but not limited to: (1) sending spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third-party privacy rights or may be harmful to minors.
- Transportation Provider Representations and Warranties. You represent and warrant to RideCo that you currently possess a valid driver’s license and all licenses, permits, insurance (in accordance with Section 23 hereof) and other legal prerequisites necessary to perform the transportation services you are performing hereunder, and that you will continue to do so during the term of this Agreement. If you are entering into this Agreement on behalf of a corporation or entity, you represent and warrant that you will comply with all applicable employment and tax laws and regulations.
- Non-Exclusive Relationship. Each party to this Agreement shall have the right to enter into similar agreements with other parties. However, while you are signed into the Driver App, you will not display on your vehicle any removable insignia provided by third-party transportation service providers, other lead generation providers, or similar.
- Non-Diversion and Non-Solicitation. You agree that you shall not during the term of this Agreement use your relationship with RideCo (or the information gained therefrom) to divert or attempt to divert any business from RideCo to a company that provides similar services. You further agree that during the term of this Agreement and for a period of six (6) months after, you shall not solicit or attempt to solicit any employees or contractors of RideCo.
- Transportation Provider Star Ratings. Customer will have the ability to rate Transportation Providers using a star rating system. We may use this system, in our sole discretion, to determine the highest quality Transportation Providers available when allocating Ride-Share Itineraries.
- Transportation Provider Personnel. You may engage employees or contractors to provide transportation services on your behalf, provided that in each case such employees or contractors accept the terms of this Agreement. Subject to the terms of this Agreement, you are solely responsible for direction and control of your employees and contractors and for setting their wages, hours and working conditions and managing grievances. You are solely responsible for paying all wages, benefits and expenses of your employees and contractors, and for all applicable tax withholdings, employment insurance and other applicable taxes and withholdings. RideCo will comply with applicable legal requirements to report payments RideCo makes to independent contractors.
- Drug and Alcohol Testing. We reserve the right to request any Transportation Provider to complete a drug and/or alcohol test at any time. Failure to complete such test as requested shall be deemed a breach by you of this Agreement, and we may terminate this Agreement. If you fail a drug and/or alcohol test, we have the right to terminate this Agreement.
- Insurance. You are required to maintain appropriate personal vehicle insurance as required by law during the term of this Agreement. If you are a taxicab service, licensed limousine or livery service: (i) you are required to obtain and maintain appropriate vehicle insurance as required by law during the term of this Agreement, (ii) you acknowledge and agree that you will submit all insurance claims to such insurer; and (ii) you must ensure that your insurance policy provides you adequate coverage to enable you to perform the transportation services hereunder. If you are not a taxicab service, licensed limousine or livery service our transportation network company insurance policy (“TNC Policy”) will provide you with insurance coverage in accordance with its terms. The TNC Policy is independent of these terms and is subject to its own terms, conditions and exclusions. A copy of the TNC Policy is available here https://www.nbins.com/pdf/RideCoNGICPolicy-EN.pdf. You agree that if you are insured under the TNC Policy your address for service for documents from our insurer will be our mailing address and you waive any right to receive notice from our insurer at any other address. You also agree that if you have either: (i) accepted a request for transportation and/or logistics services through a third-party transportation network or through a company that provides services similar to the RideCo Service; or (ii) are providing transportation and/or logistics services which you have been connected to through a third-party transportation network or through a company that provides services similar to the RideCo Service, you will be deemed not to be available to receive requests for transportation services for the purposes of the TNC Policy. Your status on the Driver App may also deem you not to be available to receive requests for transportation services for the purposes of the TNC Policy. You are required to inform your personal insurance provider that you are performing the transportation services you are performing under this Agreement and are aware that there may be a difference in coverage between your personal insurance policy and the TNC Policy. You are required to provide RideCo with proof of the insurance you are required to hold pursuant to this Section 23 prior to performing transportation services under this Agreement, and you are further required to provide us with updated insurance information during the term of this Agreement.
HST. As a driver there is a requirement that HST must be charged and remitted to the government on all rideshare revenue. You shall comply with the requirement to register with the government for HSTpurposes, and make remittances and HST filings as required by law. For more information on your HST responsibilities you can consult the Canada Revenue Publication on GST/HST and Commercial Ride-sharing Services, located at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/gi-196-gst-hst-commercial-ride-sharing-services/gst-hst-commercial-ride-sharing-services.html
- You shall comply with all of your obligations under tax and social security laws to the extent applicable to this Agreement. You shall indemnify RideCo from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on RideCo as a result of you not complying with any of your tax obligations. RideCo is not authorized to withhold state or national income taxes, social security taxes, unemployment insurance taxes, or any other local, state or national tax on behalf of you or your employees, agents, or subcontractors. If mandated by a court of law with proper authority and jurisdiction, RideCo will comply with the terms of a garnishment order, as required by law.
- Intellectual Property. The Website, Driver App and RideCo Service and the information and materials that it contains, are the property of RideCo and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, RideCo grants you a non-transferable, non-exclusive, revocable, license to (a) use the Website and RideCo Service, and (b) download, install and use the Driver App on a mobile device that you own or control solely for your use (the “License”). The Driver App is licensed to you and not sold. Nothing in this Agreement gives you a right to use the RideCo names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. RideCo may revoke this license at any time at its sole discretion.
- If you provide RideCo with any suggestions, comments or other feedback regarding the Website, Driver App or RideCo Service (“Feedback“), RideCo may use such Feedback in the Website, Driver App or RideCo Service or in any other RideCo products or services (collectively, “RideCo Offerings“). Accordingly, You agree that: (a) RideCo is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to RideCo, (c) RideCo (including all of its successors and assigns and any successors and assigns of any of the RideCo Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any RideCo Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from RideCo.
- “Confidential Information” means any and all information disclosed by either party to the other party which is marked “confidential” or “proprietary” or similar designation, or which the recipient reasonably understands is regarded by the disclosing party as such, including oral information. “Confidential Information” does not include any information that the receiving party can demonstrate by its written records: (a) was known to it prior to its disclosure hereunder by the disclosing party without a prior obligation of confidentiality; (b) is or becomes known through no wrongful act of the receiving party; (c) has been rightfully received from a third party authorized to make such a disclosure; (d) is independently developed by the receiving party; (e) has been approved for release by the disclosing party’s prior written authorization; or (f) has been disclosed by court order or as otherwise required by law, provided that the party required to disclose the information provides prompt advance notice to enable the other party to seek a protective order or otherwise prevent such disclosure. Neither party shall use any Confidential Information of the other party except as necessary to exercise its rights or perform its obligations under this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances less than reasonable care. Neither party shall disclose the other party’s Confidential Information to any person or entity other than its officers, employees, service partners, customers, consultants and legal advisors who need access to such Confidential Information in order to effect the intent of the Agreement and who have entered into written confidentiality agreements with it at least as restrictive as those in this Section. Upon any termination of this Agreement, the receiving party will promptly return to the disclosing party or destroy, at the disclosing party’s option, all of the disclosing party’s Confidential Information, subject to RideCo’s record retention policy and obligations. Each party acknowledges that due to the unique nature of the other party’s Confidential Information, the disclosing party may not have an adequate remedy in money or damages if any unauthorized use or disclosure of its Confidential Information occurs or is threatened. In addition to any other remedies that may be available at law, in equity or otherwise, the disclosing party shall be entitled to seek injunctive relief to prevent such unauthorized use or disclosure. Notwithstanding the foregoing provisions in this Section, the parties may disclose this Agreement: (i) as otherwise required by law or the rules of any stock exchange or over-the-counter trading system provided that reasonable measures are used to preserve the confidentiality of the Agreement; (ii) in confidence to legal counsel; (iii) in connection with the requirements of a public offering or securities filing provided reasonable measures are used to obtain confidential treatment for the proposed disclosure, to the extent such treatment is available; (iv) in connection with the enforcement of this Agreement or any rights under this Agreement, provided that reasonable measures are used to preserve the confidentiality of the Agreement; (v) in confidence, to auditors, accountants and their advisors; (vi) in confidence, in connection with a financing or potential financing or change of control or potential change of control of a party or an Affiliate of a party, provided that reasonable measures are used to preserve the confidentiality of the Agreement. For any legally compelled disclosure or disclosure pursuant to a court, regulatory, or securities filing, the parties shall reasonably cooperate to limit disclosure. Notwithstanding the foregoing provisions in this Section, your Confidential Information may be disclosed to any insurer of your vehicle and to any party that is directly involved in an insurance claims situation which involves or which the party reasonably believes involves the transportation of paying passengers.
- Limitation of Liability.
- RideCo disclaims any and all liability related to your interactions and/or transactions with customers. RideCo shall not be liable or responsible for any acts or omissions of any customers. By registering as a Transportation Provider, you assume all risks. We cannot guarantee the identity or safety of any customers. We have no obligation to participate in any disputes between you and any customers. You understand that by using the RideCo Service, you may be exposed to circumstances that may be unsafe, offensive or otherwise objectionable.
- You acknowledge that the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. RideCo will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
- In no event shall RideCo be liable for damages of any kind, whether arising in contract (including breach of this Agreement), tort, negligence or under any other legal theory, arising out of or in connection with (i) your use, or inability to use or access the Website, Driver App or RideCo Service; including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
- To the extent permitted by law, RideCo is not responsible for: (i) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any customer or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Transportation Providers or for any damages or expenses resulting therefrom including without limitation any personal injury or property damage; (iii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and RideCo could not have reasonably anticipated that type of loss arising at the time of entering into this Agreement; (iv) failure to provide RideCo or to meet any of our obligations under this Agreement where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); or (v) if for any reason, all or any part of the Website, Driver App or RideCo Service are unavailable at any time or for any period.
- You shall indemnify, defend, and hold RideCo (including its officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from RideCo by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by You; (b) violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by You.
- Notification of Damage or Injury to Riders and/or their Property. You agree to notify RideCo of any damage or injury to any person or property sustained while you are logged into the Driver App as soon as possible after the damage or injury occurs. You agree to fully cooperate with the Rider to resolve injury or damage claims as quickly as possible. You agree to keep RideCo notified of the status of such injury or damage claims.
- Disclaimer of Warranties. The Website, Driver App and RideCo Service are provided ‘as is’ and RideCo makes no representation or warranty or gives any condition, either expressed, implied, statutory or otherwise, including any representation, warranty or condition that the Website, Driver App or RideCo Service, their contents or any features will be accurate, safe, reliable, timely, secure, error-free or uninterrupted, that defects will be corrected, that the Website, App or RideCo Service are free of viruses or other harmful components or that they will otherwise meet your needs, requirements or expectations. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law. For greater certainty, RideCo will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Website, Driver App or RideCo Service. Your use of the Website, Driver App or RideCo Service is at your own risk.
- You agree to release RideCo and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “RideCo Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes between you and any customer, and from any claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the RideCo Service.
- Relationship of Parties.The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner, joint venturer or legal representative of the other for any purpose and neither party shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
- Term and Termination. RideCo reserves the right to terminate this Agreement at any time without notice for any reason or no reason at all. If you wish to terminate your use of the RideCo Service, you may do so by uninstalling the Driver App and providing us with notice pursuant to Section 38.
- By registering as a Transportation Provider, you waive your right to a jury trial and/or a class action. If any dispute or controversy arises between the parties relating to the interpretation or implementation of any of the provisions of this Agreement, including the provisions of this Section, such dispute or controversy shall be resolved by arbitration pursuant to the provisions of this Section. The arbitration shall conducted in accordance with the provisions of the Arbitration Act, 1991, S.O.1991, c.17. It is further agreed that, subject to the limitations imposed by the Arbitration Act, 1991, such arbitration shall be a condition precedent to the commencement of any action at law other than actions seeking only equitable relief. The decision of the arbitrator shall be final and binding on the parties and no appeal shall lie therefrom. All arbitrations in respect to this Agreement shall be conducted by a single arbitrator in Waterloo, Ontario, Canada. The arbitrator shall be appointed as follows: a party desiring resolution of a dispute or controversy under this Agreement shall provide a notice of arbitration to the other party. Such notice of arbitration shall not be in any specific form, but shall contain a short summary of the dispute or controversy and the fact that the party providing the notice of arbitration desires arbitration. The arbitrator shall be appointed by the agreement of the parties. If after twenty (20) days from the sending of the notice of arbitration, the arbitrator has not been appointed by agreement of the parties, any party shall have the right to apply to a court of competent jurisdiction for the appointment of an arbitrator and all parties shall have the right to make submissions to such court. Subject to any limitations imposed by the arbitrator, all parties shall have the right to be present at the arbitration. Subject to the other provisions of this Section, the procedures to be followed shall be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. Subject to a determination by the arbitrator, all notices and statements shall not be required to be in a specific form, but shall substantially comply with the requirements and intention of this Section. Subject to an award made by the arbitrator, all parties shall share the fees and expenses of the arbitrator equally. Any cause of action under this Agreement must commence by notice to the other party within one (1) year of the date of the incident that gave rise to such cause of action, otherwise, such cause of action is permanently barred.
- Notice. All notices provided to RideCo must be sent to RideCo via the “Contact Us” page on the RideCo website (www.rideco.com). RideCo shall send you notices at the email address you have provided to RideCo on registration.