Last Update: April 30th, 2016
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH INSTARYDE, INC. OFFERS YOU ACCESS TO THE INSTARYDE PLATFORM. AND ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement") for InstaRyde.com, a website owned and operated by InstaRyde Inc. an Ontario corporation ("InstaRyde", "We", "Us" or "Our"). This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and InstaRyde. This Agreement describes the terms and conditions that will govern your use and participation in all InstaRyde services. InstaRyde services include (1) the services available under the domain and sub-domains of www.InstaRyde.com (the "InstaRyde Platform"), (2) any InstaRyde "widget" or service embedded on a third-party website such as a university, company, or other organization. InstaRyde.com is an online service that provides a platform to enable persons who seek transportation to certain destinations ("Ride Takers") to find and choose persons driving to or through those destinations ("Drivers"). For purposes of this Agreement, these services shall collectively be defined as the "Services". Please read this Agreement carefully before registering for the Services that the InstaRyde Platform provides. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may register for any of the Services provided through the InstaRyde Platform. By registering for any of the Services, you become a User of all Services available on the InstaRyde Platform ("Participant" or "User") and you agree to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE INSTARYDE PLATFORM.
We may amend this Agreement at any time by posting the amended terms on the InstaRyde Platform. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the InstaRyde Platform. We strongly recommend that, as you read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and InstaRyde.
With respect to any application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. InstaRyde reserves all rights in and to the application not expressly granted to you under this Agreement.
You acknowledge and agree that (i) this Agreement are valid between you and InstaRyde only, and not Apple, and (ii) InstaRyde, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between InstaRyde and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of InstaRyde.
You and InstaRyde acknowledge that, as between InstaRyde and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and InstaRyde acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between InstaRyde and Apple, InstaRyde, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and InstaRyde acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
ELIGIBILITY - Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, you represent and warrant that you are at least 18 years old. By using the InstaRyde Platform or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity.
REGISTRATION - To access the Services on InstaRyde.com, you must register for the Service. Registration on InstaRyde.com is free.
TERM AND TERMINATION - This Agreement is effective upon acceptance in registration for new Users and for all Users upon the posting dates of any subsequent amendments to this Agreement. You may terminate your participation in the Services at any time, for any reason by following the Notice of Termination instructions on the InstaRyde Platform, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your participation in InstaRyde by removing Your Information at any time, for any reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us, We will remove all of Your information from our servers. We maintain sole discretion to bar Your use of the Service in the future, for any reason that We determine. Even after your participation in InstaRyde is terminated, this Agreement will remain in effect.
RESTRICTED ACTIVITIES - You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and suspend or terminate your participation in InstaRyde if You have misused the InstaRyde Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
CONDUCT ON INSTARYDE PLATFORM - With respect to your participation on the InstaRyde Platform or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements you make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, InstaRyde Platform search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the InstaRyde Platform or the servers or networks connected to the Services or the InstaRyde Platform; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the InstaRyde Platform in order to direct any person to any other web InstaRyde Platform for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
INFORMATION YOU PROVIDE - You further agree that Your Information and your interactions on the InstaRyde Platform shall not: (a) be false, inaccurate or misleading; (b) infringe 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; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites.
FEES - The use of the InstaRyde Platform and the Service is free of charge for Users. InstaRyde reserves the right to introduce a fee for the use of the InstaRyde Platform and/or the Service. If InstRyde decides to introduce such a fee, it shall post such change on its website. The rates that apply for the transportation services by the Driver can be found on the website and through the application. These may be modified or updated by Instaryde from time to time. It is your own responsibility to remain informed about the current rates for the transportation services. All fees are non-refundable and payable upon completion of the trip. This no-refund policy shall apply at all times regardless of a Passenger's decision to terminate usage of InstaRyde, our decision to terminate a Passenger's usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever. All fees, shall be facilitated through WePay, Inc., InstaRyde's third-party payment processing service. Instaryde may charge Driver's administrative fees. Instaryde reserves the right to withhold, deduct or recover fees that we determine or believe were in error, fraudulent, illegal, or in violation of driver terms or these terms.
NO FOOD OR DRINK - You agree that you are not permitted to eat or drink in a car and that any damage caused shall be subject to an automatic cleaning fee auto-charged to the card on file.
NO ACCOUNT TRANSFER - You further agree that You will not transfer, use, or sell Your InstaRyde.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
LICENSE - InstaRyde owns and retains ownership in the InstaRyde Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, InstaRyde hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the InstaRyde Platform on:
any Android device that You own or control and/or
any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules").
This license does not allow You to use the InstaRyde Platform on any Android device, iPod touch, or iPhone that You do not own or control, and You may not distribute or make the InstaRyde Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the InstaRyde Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the InstaRyde Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of InstaRyde and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by InstaRyde that replace and/or supplement the InstaRyde Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
INFORMATION CONTROL - We cannot verify or guarantee the accuracy of the information Users provide us when they register on the InstaRyde Platform, and We do not control the information provided by other Users that is made available through our system. Therefore, InstaRyde.com cannot and does not confirm each User's purported identity. We do not in any way certify or investigate into the Users and We cannot be responsible for any acts (of omission or commission, criminal or otherwise) of such Users. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the InstaRyde Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this InstaRyde Platform, you agree to accept such risks and InstaRyde is not responsible for the acts or omissions of users on the InstaRyde Platform. We also encourage you to communicate directly with each potential Driver or Ride Taker prior to engaging in an arranged transportation service.
INSTARYDE SERVICES - InstaRyde.com only offers a platform that enables Drivers and Ride Takers to match with each other. InstaRyde.com does not offer transportation services and We are not a transportation company. We are not involved in the actual transportation services between Drivers and Ride Takers. As a result, we have no control over the quality or safety of the transportation that occurs as a result of this service; nor do we have any control over the truth or accuracy of the of Participants' information listed on the InstaRyde Platform. As such, there is no warranty that a Driver or Ride taker will actually complete an arranged service or complete it in a timely manner. We cannot guarantee the timeliness of the service. However, InstaRyde reserves the right in its sole and unfettered discretion to suspend any User for unsatisfactory reviews or breach of these Terms of Service.
INSTARYDE E-MAIL COMMUNICATIONS - E-mail communications sent from Us or through Us are designed to make Your InstaRyde experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving Commercial Electronic Messages (as defined in Canada's Anti Spam Law) as initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing you about potential available Drivers or Ride Takers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications, you should opt out of general emails on promotions and new features. However, if You do not wish to receive any e-mail at all, please do not register for the Service.
ELECTRONIC SIGNATURE(S) - You hereby agree to the use of electronic communication in order to enter into contracts, request for rides or ride partners and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the InstaRyde Platform and software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
INTELLECTUAL PROPERTY - All intellectual property rights on the InstaRyde Platform and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this InstaRyde Platform and website are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the InstaRyde Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of InstaRyde. InstaRyde shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
INDEMNITY - You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
Your breach of this Agreement or the documents it incorporates by reference; or
Your violation of any law or the rights of a third party, including, without limitation, Drivers, Passengers, other motorists, and pedestrians, as a result of Your own interaction with such third party; or
any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or
Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Passengers; and/or
any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT DISCLAIMER - Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service and in your private e-mail messages. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
OTHER DISCLAIMERS - We, our subsidiaries, officers, directors, employees and our suppliers provide our web InstaRyde Platform and services on an "as is" basis and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that Your use of the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the InstaRyde Platform or the Services by persons under the age of 18 in violation of this Agreement. Also it is possible that other Users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the InstaRyde Platform or through the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the InstaRyde Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the InstaRyde Platform or through the Services. Please carefully select the type of information that You post on the InstaRyde Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). InstaRyde.com only offers a platform that enables Drivers and ride takers to match with each other and Users are responsible for taking the necessary precautions to insure their own safety and protection. InstaRyde.com does not offer transportation services and InstaRyde is not a transportation company. We are not involved in the actual transportation services between Drivers and Passengers. As a result, we have no control over the quality or safety of the transportation that occurs as a result of this carpooling service; nor do we have any control over the truth or accuracy of the of Participants' information listed on InstaRyde.com. We cannot ensure that a Driver or Ride Taker will actually complete an arranged service or complete it in a timely manner nor do we have the means to insure the safety of the users.
LIMITATION OF LIABILITY - In no event will InstaRyde, our subsidiaries, officers, directors, employees or our suppliers, be liable to You for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our service, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with our InstaRyde Platform, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We only conduct basic screening and this screening is not exhaustive. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of the InstaRyde Platform or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of the InstaRyde Platform or the services, or introduced to you via the InstaRyde Platform or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to CAD$100 (One Hundred Canadian Dollars).
COMPLAINTS - To resolve a complaint regarding the Service, You should first contact our Customer Service Department by email at info@InstaRyde.com.
RELEASE - In the event that You have a dispute with one or more Users, You agree to release InstaRyde.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the InstaRyde Platform or the Services.
INFORMATION CONTROL - Location data provided by the InstaRyde Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither InstaRyde, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geolocational data, You upload, provide, or post on the InstaRyde Platform may be accessible to certain Users of the InstaRyde Platform. We cannot verify or guarantee the accuracy of the information Users provide Us on the InstaRyde Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, InstaRyde cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the InstaRyde Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the InstaRyde Platform, You agree to accept such risks and InstaRyde is not responsible for the acts or omissions of users on the InstaRyde Platform. In order to help You evaluate with whom You are dealing, InstaRyde can link to a User's Facebook.com profile if they supply Us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
BREACH - Without limiting other remedies, we may suspect or terminate your Participation, remove Your Information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent activity in connection with the InstaRyde Platform or the Services.
RESOLUTION OF DISPUTES AND LEGAL CLAIMS - Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Toronto, Ontario in accordance with the Arbitration Act of Ontario for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
NO AGENCY - You and InstaRyde are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
NOTICES - Except as explicitly stated otherwise, any notices to InstaRyde shall be given by certified mail, postage prepaid and return receipt requested to InstaRyde.com, C/O100 King Street West, Suite 5700, Toronto, ON M5X 1C7, and any notices to You shall be given to You via the email address you provide to InstaRyde.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to InstaRyde.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
GENERAL - This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically assigned by InstaRyde, in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.