RIDER 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 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 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.
  • 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/Users”) 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.

      2.1 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.

      2.2 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.

      2.3 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.

      USE OF THE RIDEON PLATFORM

      3.1 Accounts

      In order to use most aspects of the RideON Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to RideON certain personal information, such as your name, address, mobile phone number and date of birth. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the RideON Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, and RideON Canada may terminate of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by RideON in writing, you may only possess one Account.

      3.2 Eligibility and Conduct

      The RideON Platform may only be used by Individuals who can legally form binding contracts under applicable law. The RideON Platform is not available to persons under the age of 18 or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized User of your account. In certain instances you may be asked to provide proof of identity to access or use the RideON Platform, and you agree that you may be denied access to or use of the RideON Platform if you refuse to provide proof of identity.

      3.3 Promotions and Referral Programs

      RideON may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with RideON. Promotions will in many cases be made available to you via Promo Codes. RideON reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that RideON determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

      3.4 Ride-sharing or Ride-pooling Services

      Ride-sharing service is now only supported for on-demand bookings. It supports a maximum of two persons booking for one ride sharing trip. Riders are required to enter destinations when requesting Ride-sharing service and they cannot edit destinations. Drivers cannot edit the requested destinations. Ride-sharing fare is calculated based on the estimated fare, so the estimated fare of the Ride-sharing service includes the basic fare and additional fees. The other riders may see your pickup and drop off locations.

      COMMUNICATION

      We reserve the right to contact you from time to time for feedback about the Services, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. Communications from RideON, its affiliated companies and/or Partners, may include but are not limited to operational communications regarding your User account or use of the RideON Platform or Driving Services, updates concerning new and existing features on the RideON Platform, communications concerning promotions run by us or our third- party partners, and news concerning RideON and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact us at support@rideoncanada.ca and/or review the Privacy Policy for further information.

      CHARGES AND PAYMENTS

      As a User, you agree to pay the amounts charged by RideON and amounts charged by Partners for providing Driving Services to you.

      After you have received Driving Services from a Partner, RideON will facilitate your payment of the applicable trip charges on behalf of the Partner as such Partner’s limited payment collection agent and may collect any applicable RideON Fee directly from you. Payment of the Trip Charges and RideON Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Partner or to RideON, as applicable. Trip Charges and RideON Fees will be inclusive of applicable taxes where required by law. Trip Charges and RideON Fees paid by you are final and non-refundable, unless otherwise determined by RideON. RideON will respond accordingly to any request from a Partner to modify the Trip Charges for a particular Driving Service.

      All Trip Charges and RideON Fees are due immediately and will be processed by RideON or one of RideON Canada’s affiliates using the preferred payment method designated in your Account, after which RideON will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that RideON may, on its own behalf, and as the Partner’s limited payment collection agent, use a secondary payment method in your Account, if such secondary payment method is not available, RideON Canada reserves the right to pursue collection alternatives through third party collection agents or by means of legal action.

      As between you and RideON, RideON reserves the right to establish, remove and/or revise RideON Fees at any time. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and RideON Fees applicable in certain geographical areas may increase substantially during times of high demand. RideON will use reasonable efforts to inform you of Trip Charges and RideON Fees that may apply, provided that you will be responsible for Trip Charges and RideON Fees incurred under your Account regardless of your awareness of such Trip Charges or RideON Fees, as applicable, or the amounts thereof.

      USER PICK-UP

      Once a RideON Partner arrives at your pick-up location, the driver may contact you via text or phone and will wait up to a certain time for you. If you do not arrive at the pick-up location in a timely manner the Partner will consider you a “no show”. RideON may charge you a fee for “no show” but may waive this fee in extraordinary circumstances (including but not limited to medical emergencies) or at our sole discretion.

      REPAIR OR CLEANING FEES

      You shall be responsible for the cost of for damage to, or necessary cleaning of, Partner vehicles and property resulting from use of the RideON Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Partner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by RideON in our reasonable discretion, RideON reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Partner using any of the user payment methods. Such amounts will be transferred by RideON to the applicable Partner and are non-refundable.

      CUSTOMER SERVICES

      8.1 24/7 HOTLINE

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

      8.2 24/7 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.

      RESTRICTED ACTIVITIES

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

      • (i) Impersonate any person or entity
      • (ii) Consume alcohol or smoke while receiving driving services
      • (iii) Cause a nuisance, annoyance or property damage to partners or other users while receiving driving services
      • (iv) Commit any type of fraud including but not limited to intentionally using false or invalid payment methods in your user account
      • (v) Stalk, threaten, or otherwise harass any person, or carry any weapons
      • (vi) Violate any law, statute, rule, permit, ordinance or regulation
      • (vii) Interfere with or disrupt the partner services or the RideON Platform or the servers or networks connected to the RideON Platform
      • (viii) Post information or interact on the RideON Platform or partner services in a manner which is false, inaccurate, misleading, defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal
      • (ix) 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
      • (x) 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
      • (xi) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the RideON Platform
      • (xii) “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
      • (xiii) 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
      • (xiv) Rent, lease, lend, sell, redistribute, license or sublicense the RideON Platform or access to any portion of the RideON Platform
      • (xv) 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
      • (xvi) Transfer or sell your User account, password and/or identification to any other party
      • (xvii) Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, social status or sexual orientation
      • WARRANTY DISCLAIMER

        THE RIDEON PLATFORM AND DRIVING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RIDEON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RIDEON MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE RIDEON PLATFORM, DRIVING SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE RIDEON PLATFORM, OR THAT THE RIDEON PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. RIDEON AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF PARTNERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE RIDEON PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

        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 User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

        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. YOU ACKNOWLEDGE THAT PARTNERS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

        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.

        DISPUTE RESOLUTION

        13.1 Governing Law

        This agreement is governed by the laws of Ontario and the laws of Canada as applied in Ontario. Any suit, action or proceeding arising out of this agreement shall be instituted in the federal courts or provincial courts located in Ontario, Canada and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

        13.2 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.

        13.3 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 by written communication to RideON Canada Inc. email address at support@rideoncanada.ca and by registered mail to RideON Canada Inc. at 180 Northfield Dr. West Suite 4, Waterloo, Ontario Canada

        13.4 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.