Terms of use

These Terms of Use ("Terms", "Terms of Use") govern your relationship with Ridesharing.com website (the "Service") operated by COVOITURAGEMONTREAL inc. ("us", "we", or "our").

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Age requirements

By registering to the Service, you confirm that you have the minimum age of sixteen (16) years old. You also understand that some drivers may require that the passenger registered to the Service and booking a seat (or seats) aboard their vehicle must be at least eighteen (18) years or, in some case, at least twenty-one (21) years old. The driver has the right to refuse the boarding to a passenger who did a false declaration when booking a seat. A passenger who did a false declaration during the booking process will not be refunded or compensated for the booking fees and amount of money paid for each seats booked for the ride.

As a passenger registered to the Service, you will be authorized to book a seat for yourself and for Guest passenger(s) who will travel with you, with the same driver and aboard the same vehicle. As a passenger registered to the Service doing this type of booking, you will be identified as the Group leader passenger. When booking as the Group leader passenger, you will have to pay the booking fees and the amount of money asked by the driver for each seats booked for the ride. As a Group leader passenger, you can be accompanied by a Guest passenger that is under sixteen years old only if you are his parent or his legal tutor.

Purchases

If you wish to purchase any service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and other information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Availability, Errors and Inaccuracies

In order to provide exceptional service, and accuracy, we regularly update the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Service and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.

Content

In addition to our Service that allows drivers to post a ride and to passengers to book seats for carpool rides, our Service allows you to post, link, store, share and otherwise make available certain information, text, pictures, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

The only public information is the name, photo (optional), gender, age, and type of vehicle in the case of a driver. Contact information of both parties (phone number and email address) will be sent to the other user (driver or passenger) after a booking. Birth date, banking and payment information remain confidential at all times.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by COVOITURAGEMONTREAL inc..

COVOITURAGEMONTREAL inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that COVOITURAGEMONTREAL inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless COVOITURAGEMONTREAL inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, clients, partners and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

COVOITURAGEMONTREAL inc., its directors, employees, partners, agents, suppliers, clients, partners or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

COVOITURAGEMONTREAL inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

COVOITURAGEMONTREAL inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and COVOITURAGEMONTREAL inc. chooses not to immediately act, or chooses not to act at all, COVOITURAGEMONTREAL inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. COVOITURAGEMONTREAL inc. does not waive any of its rights. COVOITURAGEMONTREAL inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Quebec may apply to certain products and services provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Insurances

As a registered driver that may provide transportation to other passengers, you certify that your vehicle is insured and that your Insurance policy includes a liability clause, which covers passengers in the event of an accident. It is in your exclusive responsibility to notify your insurance company that you might use your vehicle to carpool with passengers which may contribute financially to help you reimburse the expenses of operating your vehicle for the ride as a non-profit basis.

Security

As a registered user of Ridesharing.com, you undertake to behave at all times when using the Service and sharing a ride with other users met through the Service in a responsible manner and respect of all laws and regulations applying to your territory.

Complying to the laws and regulations

By accepting the Terms of use when signing up to the Service, you must understand the distinction between doing commercial transportation of passengers under the cover of carpooling (which is illegal) AND carpooling by providing seats to passengers for a ride while asking your passengers to contribute financially to help you reimburse the expenses of operating your vehicle on a non-profit basis.

Do not use Ridesharing.com if you do not respect the laws that apply on the territory where you wish to carpool (rideshare).

If you ever encounter a situation where a driver uses Ridesharing.com Services to do commercial transportation of passengers under the cover of carpooling, please contact a customer service representative to inform us of this situation.)

Carpooling to cross the border

In order to carpool to cross the border, Ridesharing.com requires all passengers to meet the following requirements:

Have the age of majority
Have all the documents required to cross the border
Be free of any criminal record

Mandate given to Ridesharing.com

By posting a carpool offer as a driver registered to the Service, you agree that Ridesharing.com act as an agent to achieve the following: (a) find a passenger wishing to book a seat in your vehicle for the ride; (b) provide contact information and all required information to the passenger so that he can complete the ride with you in the vehicle; (c) withdraw to the passenger through an electronic transaction the amount of the financial contribution that you require for each of the available seats in your vehicle; (D) retain this amount until you (the driver) and passenger have confirmed having completed the carpool ride; (E) transfer electronically to the driver financial contributions paid by your passengers when the ride has been confirmed completed.

Contact us

If you have any questions about these Terms, please contact us.

QUESTIONS?