PARTNER TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE RIDEON PLATFORM. BY USING THE RIDEON CANADA PLATFORM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN CASE YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, YOU MAY NOT USE OR ACCESS THE RIDEON PLATFORM.

CONTRACTUAL RELATIONSHIP

These terms of service constitute a legally binding agreement (the “Agreement”) between you and RideON Canada Inc., a company with its registered office at 180 Northfield Dr. West Suite 4, Waterloo, Ontario Canada (“RideON Canada Inc.”, “RideON Canada”, “RideON”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”) including but not limited to:

  • i. This Agreement governs your use of the RideON Canada Inc. application, website, call centre and technology platform collectively, the “RideON Canada Platform”. The right to operate the RideON Canada Platform is licensed by RideON Canada Inc. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the RideON Canada Platform. Where no Affiliate exists in your jurisdiction but use of the RideON Canada Platform is available to you, the right to access and use the RideON Canada Platform will be provided to you by RideON Canada Inc. 
  • ii. Your access and use of the RideON Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and RideON. RideON may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the RideON Platform or any portion thereof, at any time for any reason without notice.
  • iii. RideON may amend this Agreement from time to time. Amendments will be effective upon RideON Canada posting of an updated Agreement at this location. Your continued access or use of the RideON Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
  • iv. Our collection and use of personal information in connection with the RideON Platform is provided in RideON Canada Privacy Policy located at https://www.rideoncanada.ca. RideON may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.

THE RIDEON PLATFORM

The RideON Platform provides a digital transportation network that allows registered users (“Riders/Customers”) to order and receive rides from registered independent contractors (“Partners/Drivers”). Each User shall create a User account that enables access to the RideON Platform. For purposes of this Agreement, the driving services provided by Partners to Users that are matched through the RideON Platform shall be referred to collectively as the “Driving Services”. Any decision by a User to accept Driving Services is a decision made in such User’s sole discretion. Each Driving Service provided by a Partner to a User shall constitute a separate agreement between such persons.

You acknowledge that neither RideON nor its affiliates provide transportation services or function as a transportation carrier or transportation service provider or own any vehicles for transportation and that all such transportation services are provided by independent third party contractors who are not employed by RideON or any of its affiliates.

LICENSE

Subject to your compliance with this Agreement, RideON grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the RideON Platform on your personal device solely in connection with your use of the RideON Platform; and (ii) access and use any content, information and related materials that may be made available through the RideON Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by RideON and RideON Canada licensors.

THIRD PARTY SERVICES AND CONTENT

The RideON Platform may be made available or accessed in connection with third party services and content (including advertising) that RideON does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. RideON does not endorse such third party services and content and in no event shall RideON be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the RideON Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the RideON Platform in any manner. Your access to the RideON Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.

OWNERSHIP

The RideON Platform and all rights therein are and shall remain RideON Canada property or the property of RideON Canada licensors. Neither this Agreement nor your use of the RideON Platform grant to you any rights: (i) in or relation to the RideON Platform except for the limited license granted above; or (ii) to use or reference in any manner RideON Canada company names, logos, product and service names, trademarks or services marks or those of RideON Canada licensors.

REGISTERING AS A PARTNER

To become a RideON Partner, you will be required to register with RideON and provide us with specific personal information. We reserve the right to perform background checks and to obtain a driver’s record directly, and through third party providers. We reserve the right to reject any RideON Partner application at any time for any reason and to de-authorize any RideON Partner for any reason.

YOUR VEHICLE

As RideON Partner you must be in lawful possession of a vehicle either as an owner or lessee. To become a RideON Partner you must use a vehicle that complies with all applicable laws, no more than 10 model years old and should be in good working condition. You are required to use a vehicle that is model approved by RideON. You shall provide RideON with a description of each vehicle and a copy of vehicle registration for each vehicle(s) you intend to use to provide driving services under this agreement. Any misrepresentation regarding your vehicle shall be deemed a material breach of this agreement. You are solely responsible for all costs and expenses in connection to providing services under this agreement including but not limited to; cost of fuel, fuel taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, toll charges, income taxes, 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 local, provincial or national authority.

RIDEON CANADA DRIVING SERVICES

RideON Canada provides optimized mapped routes, which include pick-up and drop-off locations. Routes may be updated in real time and each Route (driving service) you accept will be deemed a separate contractual engagement.

PRICING

You agree that RideON Canada has sole discretion to determine the price of driving services ordered through the platform. Pricing is based on but not limited to such factors as time of order, distance and location. RideON Canada adds a booking fee to the basic fare and deducts a percentage of the basic fare prior to remitting the fee to you.

FEES FOR PARTNERS

RideON Canada charges its users standard trip charge (which include the basic fare and booking fee) for each driving service provided by our partners. For each RideON Canada driving service you complete according to the terms described herein you will receive the trip charges (less booking and RideON fee). RideON Canada holds sole discretion to determine the standard trip charge and such charges are subject to change at any time. All standard trip charges are payable by RideON Canada within 45 calendar days after the successful completion of the applicable driving service. RideON Canada reserves the right to withhold payment or charge back your account any amounts otherwise due to RideON Canada. If RideON Canada believes it is obligated to obtain tax information and you do not provide this information to us after a request we may withhold payments until such information is provided. In case of errors or omissions in contact or payment information, which result in third party fees (e.g. returned or cancelled payments) such fees shall be deducted from the newly issued payment. In case of any payment disputes you will notify RideON Canada in writing within 30 days of the payment. Failure to give notice will result in waiver of disputed claim. We may withhold any taxes, regulatory or government fees or any amounts due to you as required by law.

RECEIVING AND ACCEPTING DRIVING SERVICE REQUESTS

You may at your sole discretion determine when you would like to be available to receive RideON Canada driving service requests. When you indicate you are available to complete RideON Canada driving services, we may send you notifications for which, you have the discretion to accept or decline. If you decline more than 80% of driving service requests in one month we may terminate this agreement. Once you accept a RideON Canada driving request you must complete such driving service according to this agreement. We reserve the right to allocate driving service requests at our sole discretion among partners and are under no obligation to provide you with any RideON Canada driving service requests.

11.1 Cancellations

You acknowledge that users may cancel requests for driving services that have already been accepted by you. In the event a user cancels their driving service request RideON Canada may charge a cancellation fee on your behalf. The cancellation fee may be considered the fare for cancelled services and RideON reserves the right to deduct any amount per cancellation.

11.2 Picking Up RideON Users

Upon accepting a driving service request from a RideON user, you must promptly reach the requested pick-up location. Once you have arrived you must seek out the user (via text or phone) and wait at least 5 minutes for the user approach.

11.3 Failure to Pick up

In the event a RideON Partner fails to pick up a RideON User after having accepted a driving services request the partner may be charged a Failure to pick up fee by RideON Canada. The fee may be waived in extraordinary circumstances, which include but are not limited to medical emergencies, motor vehicle accidents or at the sole discretion of RideON Canada.

PARTNER REPORTS (DRIVING SERVICES LOGS)

The RideON Canada platform provides a system to catalogue partner driving services. Upon completion of a driving service RideON Canada will save the details of your completed driving service in our database and the information will be made available to you in your partner app or the online portal through our website.

The partner reports will include a breakdown of the amounts paid (or outstanding). Should there be any errors you must notify RideON Canada of the corrections needing to be made in writing within 3 business days of the completion of the driving service. If notice is not received within the specified time period RideON Canada will not be liable for any mistakes, corrections or for recalculation or disbursement of fare.

TAXES

You acknowledge and agree that you are required to complete all tax registration requirements. You shall comply with the requirement to register with the government for HST/GST purposes, and make remittances and HST filings as required by law. You are responsible for calculating and remitting all tax liabilities related to receiving driving service fees as required by the applicable law; including but not limited to federal and provincial taxes, Canada Pension Plan (CPP), Employment Insurance (EI), and workers compensation board (WCB).

You further acknowledge and agree that you are responsible for the taxes on your income resulting from driving services. RideON Canada may within its reasonable discretion and applicable government regulations collect and remit taxes resulting from your driving services or provide any relevant tax information you have provided directly to the applicable government or tax collecting authorities on your behalf.

DISCLOSURE OF YOUR INFORMATION

Subject to applicable law RideON Canada and its affiliates may, but are not required to provide to you, any user, insurance companies or regulatory agencies any information (including personal information) about you or any transportation service provided if:

  • i. There is a complaint or dispute, including and accident, between you and a user
  • ii. It is necessary to enforce this agreement
  • iii. It is required by applicable law or regulating authority
  • iv. It is necessary in RideON Canada’s sole discretion
  • v. It is necessary protect the safety, security, rights, property or security of RideON Canada or its affiliates
  • vi. It is necessary to protect the safety of the public including facilitating insurance claims relating to the RideON Canada transportation services
  • vii. It is necessary to detect, prevent or address fraud, security or technical issues
  • viii. It is necessary to prevent or stop any activity, which RideON or its affiliates consider to be, or pose a risk or being, illegal or unethical.
  • ix. It is necessary in RideON Canada or its affiliates sole discretion for insurance or other purposes related to your ability to qualify or remain qualified to use the RideON Canada platform. You understand that RideON Canada may retain your personal data for legal, regulatory, safety and other necessary purposes consistent with RideON and its affiliates legitimate business needs. You expressly consent to such use of personal data.

INSURANCE

You agree to maintain during the term of this agreement on all vehicles operated by you, automobile insurance that protects against bodily injury and property damage to third parties at a level, which satisfies the minimum requirement to operate a private passenger vehicle on the road within the applicable territory. In certain jurisdictions, you may be required to maintain an automobile liability insurance which is in excess of the private passenger vehicle levels and you agree that your insurance complies with such increase. You agree to provide RideON Canada and its affiliates a copy of the insurance policy, policy declarations, proof of insurance identification card, and proof of premium payment upon request. Additionally you must provide RideON Canada with written notice of cancellation of any insurance policy required by us. RideON Canada has no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy at all times and it is your responsibility to notify your personal insurance company of your agreement with RideON Canada Inc.

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. 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 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 RideON Service; or 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 RideON 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 Partner 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 RideON with proof of the insurance, and you are further required to provide us with updated insurance information during the term of this Agreement.

TERM AND TERMINATION

This agreement begin on the date accepted by you and shall continue until terminated as designated herein. Either party may terminate this agreement with or without cause at any time immediately without notice (for reasons including but not limited to breach of this agreement by either party, bankruptcy or insolvency).
Upon termination of the agreement you will immediately delete and remove the RideON Partner app from any of your devices. Outstanding payments and obligations post termination of this agreement shall be fulfilled in accordance with this agreement.

RELATIONSHIP OF THE PARTIES

Unless otherwise specified, RideON Canada is acting as the limited payment collection agent solely for collecting payments from users on your behalf. The relationship of the participants in this agreement are solely that of independent contracting parties. This agreement is not an employment agreement, nor does it create an employment relationship between RideON Canada and you. No joint venture, partnership, or agency relationship exists between you and RideON Canada.

ELIGIBILITY AND CONDUCT

The RideON Platform may only be used by Individuals who can legally form binding contracts under applicable law. To become a RideON Canada Partner you must meet the following requirements:

  • (i) Be at least 25 years of age.
  • (ii) A Valid Ontario G driver license or BC Class 1,2 or 4 driver license for at least 3 years.
  • (iii) Must not have more than 5 demerit points.
  • (iv) Must pass driver abstracts or driver record check at least every 12 months.
  • (v) Must not have any major infractions or suspensions in the past 3 years.
  • (vi) Must be legally authorized to work in Canada.
  • (vii) No administrative driving prohibitions within the last 3 years
  • (viii) Must pass a background or criminal record check at least every 12 months
  • (ix) Three convictions or less for ‘pointable’ offences within the last 2 years.
  • (x) Must help riders with service or guide animals by welcoming their companions into your car.
  • (xi) Must take all reasonable steps to avoid discriminating against people with disabilities.
  • (xii) 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.
  • (xiii) Must ready for RideON compliance officer for ID verification for security and safety.
  • (xiv) The use of mobile device during the operation of the vehicle is strictly prohibited.
  • (xv) Must attach decals or vehicle identifiers before accessing RideON platform.
  • (xvi) Must ensure their vehicle’s brakes are always properly adjusted.
  • (xvii) No distract driving.

18.1 British Columbia (BC) Driver Partner Requirements and Information

  • (i) Driver Partner Requirements
    • 25 Years or older with 3 years of driving history.
    • A valid BC class 1,2, or 4 (restricted or unrestricted) commercial driver’s license.
    • A smartphone with data plan that can run the RideON Partner app.
    • Pass an annual commercial driving record (National Safety Code abstract).
    • Pass a Police Information and Vulnerable Sector Check at local police agency.
    • To get your commercial driver’s license please visit: https://www.icbc.com/driver-licensing/types-licences/Pages/Get-your-commercial-driver-licence.aspx
  • (ii) Vehicle Requirements
    • 10 years or newer with BC License plate.
    • 4 doors vehicle with 5 to 8 seats including the driver.
    • Good condition with no damage and branding.
    • No taxi, government and commercial vehicle.
    • Vehicle Identifiers with RideON branding. (Front & Back).
    • Pass a BC commercial vehicle inspection annually if less than 40,000 km.
    • Pass a BC commercial vehicle inspection every 6 months if more than 40,000 km in the previous year.
  • (iii) Document Requirements
    • ICBC Vehicle Registration and Certificate of Insurance.
    • Commercial vehicle inspection report.
    • Proof of work eligibility.
    • BC Driver’s License. (Front & Back).
    • HST/GST Account Number.
    • Police Information and Vulnerable Sector Check.
    • Passport size driver profile photo.
    • Commercial driving record (National Safety Code Abstract) with 5 years of claims history.
  • (iv) BC Driver Partner National Safety Code Regulations (Driver must meet the followings).
    • Hour of service.
    I. NSC restricts the driving services for a max. of 13 hours a day.
    II. Driver may resume services after at least 8 consecutive hours of break.
    III. RideON limits the driving services for a max. of 12 hours a day.
    • Pre-Trip Inspection and Vehicle Circle check.
    I. Service brakes, and brake adjustments;
    II. Parking brake;
    III. Steering mechanism;
    IV. Lighting devices and reflectors;
    V. Tires;
    VI. Horn;
    VII. Windshield wipers;
    VIII. Rear vision mirrors;
    IX. Coupling devices;
    X. Wheels and rims;
    XI. Emergency equipment;
    XII. Load securement devices.
  • (v) Decals or Vehicle Identifiers
    • RideON official trademark.
    • 2 decals are required by act during driving services. (Front & Back windshield)
    • To identify the vehicle by law enforcement and riders.
  • (vi) Record Check Certificate
    • Issues when pass both a police record check and a driving record check.
    • Present a digital copy on request by law enforcement.
    • In the partner app under documents.
  • (vii) Guide or Service Animal Policy
    • Driver partner must comply and aware of BC requirements for guide or service animal policy. For more information please visit: https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/human-rights/human-rights-protection/service-guide-dogs.pdf
  • (viii) Roadside Inspection
    • Must ready for peace officer or CVSA roadside inspection for the vehicle. For more information please visit: https://cvse.ca/ and http://www.th.gov.bc.ca/cvse/national_safety_code.html
  • (ix) National Safety Code (NSC) obligations you must meet the following:
    • Know where the registration and inspection papers are for the vehicle, you drive.
    • Complete a trip inspection report before operating your commercial motor vehicle each day and again at the end of the day.
    • Turn in trip inspection report within 20 days of the date it was done
    • Immediately report any vehicle defects and have repairs done before driving that vehicle.
    • Ensure their vehicle’s brakes are always properly adjusted.
    • Keep logbooks up-to-date, completely filled out and easy to read.
    • Turn in the original of each daily log within 20 days.
    • Follow all hours of service regulations for drivers of NSC vehicles.
    • Understand that it is dangerous to drive when tired.
    • Report to the RideON each day before you start your shift, tell the RideON how many hours you spent working and how many hours you spent resting the day before.
    • Turn in a copy of each violation ticket, Notice and Order and roadside inspection report within 15 days.
    • Immediately report any accidents, convictions and violations.
    • Ensure your vehicle’s load is secure.
    • Understand that using alcohol or drugs is not acceptable whenever you control a vehicle operating under your NSC Safety Certificate.
    • Report any driver suspension you receive.
    • Provide a current driver abstract at least annually from the date of hire.
    • Carry only authorized passengers.
    • Ensure you TDG certification is up to date.
    • For more information how to comply with NSC please visit: https://www.th.gov.bc.ca/CVSE/national_safety_code.htm

18.2 Restricted Activities, Driver Representations and Warranties

With respect to your use of the RideON Platform and your participation in the Driving Services, you warrant represent and agree that you will not:

  • (x) Impersonate any person or entity.
  • (xi) Stalk, threaten, or otherwise harass any person, or carry any weapons.
  • (xii) Violate any law, statute, rule, permit, ordinance or regulation.
  • (xiii) Cause a nuisance, annoyance or property damage to partners or other users while providing driving services.
  • (xiv) Commit any type of fraud.
  • (xv) No showcasing of rider recorded videos on social media or any other platform.
  • (xvi) Interfere with or disrupt the Driving Services or the RideON Platform or the servers or networks connected to the RideON Platform.
  • (xvii) Post information or interact on the RideON Platform or Driving Services in a manner which is false, inaccurate, misleading, defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal.
  • (xviii) Use the RideON Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • (xix) Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
  • (xx) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the RideON Platform.
  • (xxi) “Frame” or “mirror” any part of the RideON Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose.
  • (xxii) Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the RideON Platform or any software used on or for the RideON Platform
  • (xxiii) Rent, lease, lend, sell, redistribute, license or sublicense the RideON Platform or access to any portion of the RideON Platform.
  • (xxiv) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the RideON Platform or its contents.
  • (xxv) Transfer or sell your Partner account, password and/or identification to any other party
  • (xxvi) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, social status or sexual orientation.
  • (xxvii) You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to RideON Canada, and you will not transport more passengers than can securely be seated in such vehicle and no more than seven (7) passengers in anytime.
  • (xxviii) You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
  • (xxix) You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages.
  • (xxx) You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records.
  • (xxxi) You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
  • (xxxii) You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the national safety standards and all applicable province or territory department of motor vehicle requirements for a vehicle of its kind.
  • RideON and its Affiliates are not responsible for the conduct, whether online or offline, of any User or Partner using the RideON Platform or undertaking Driving Services. You are solely responsible for your interactions with other Users or with Partners. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Partners or Users. By using the RideON Platform and participating in the Driving Services, you agree to accept such risks and agree that RideON is not responsible for the acts or omissions of Users or Partners on the RideON Platform or participating in the Driving Services.

    RideON and its Affiliates expressly disclaim any liability arising from the unauthorized use of your Partner account. Should you suspect that any unauthorized party may be using your Partner account, or you suspect any other breach of security, you agree to notify us immediately.

    CUSTOMER SERVICES

    19.1 24/7 HOTLINE

    Incident response team is available 24/7 to assist with the incident and the vehicle accident. For emergency please dial 911. A hotline is available through a Toll-Free Number: 1-877-537-8808 to report incidents or safety concerns.

    19.2 24/7 ONLINE CUSTOMER SERVICE

    RideON customer service is available in app via web https://rideoncanada.ca/contact-page/ or you may contact us at: support@rideoncanada.ca to help with billing, technical support, lost and found and other non-emergency issues.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL RIDEON AND ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE RIDEON PLATFORM OR DRIVING SERVICES, EVEN IF RIDEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDEON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE RIDEON PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE RIDEON PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PARTNER OR OTHER THIRD PARTY PROVIDER, EVEN IF RIDEON OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDEON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

    INDEMNITY

    You agree to indemnify and hold RideON, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses including attorneys’ fees arising out of or in connection with:

    • a) Your use of the RideON Platform and the Driving Services or services or goods obtained through your use of the RideON Platform;
    • b) Your breach or violation of this Agreement or your violation of the rights of any third party, including Partners.

    ARBITRATION

    You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the RideON Platform or Partner Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and RideON Canada Inc. if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and RideON are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. The arbitration shall be 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 from the arbitrator shall be final and binding on all parties. All arbitrations shall be conducted by a single arbitrator in Waterloo, Ontario Canada.

    22.1 Notice

    RideON may give notice by means of a general notice on the RideON Platform, electronic mail to your email address in your Account or by written communication sent to your address as set forth in your Account.

    You may give notice to RideON Canada Inc. by written communication sent to our email address at support@rideoncanada.ca and to our office by registered mail to: 180 Northfield Dr. West Suite 4, Waterloo, Ontario Canada.

    CONFIDENTIALITY

    You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to RideON’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by RideON for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of RideON in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to RideON with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by RideON or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of RideON; becomes known to you, without restriction, from a source other than RideON without breach of these Terms of Service by you and otherwise not in violation of RideON’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to RideON to enable RideON to seek a protective order or otherwise prevent or restrict such disclosure.

    NO AGENCY

    You and RideON Canada are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by accepting these Terms of Use.

    GENERAL

    You may not assign or transfer your rights under this Agreement in whole or in part without prior written approval from RideON Canada Inc. You give your approval to RideON for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (a) a subsidiary or affiliate; (b) an acquirer of RideON Canada equity, business or assets; or (c) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, RideON or any Partner as a result of the contract between you and RideON or use of the RideON Platform.

    If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

    CONTACT US

    To resolve a rider or driver issue regarding the RideON Platform, you should first contact our Customer Service Department via web https://rideoncanada.ca/contact-page/. You may contact us at support@rideoncanada.ca.
    Corporate Head Office
    180 Northfield Drive West, Suite 4
    Waterloo, Ontario N2L 0C7 Canada

    British Columbia Office
    7404 King George Blvd., Suite 200,
    Surrey, British Columbia, V3W 1N6

    Last updated on January 27, 2020.