Driverseat – Hereinafter refers to Driverseat Inc., its Directors, Officers, authorized agents, managers, employees, franchisees, and drivers
Client – the individual who uses the Driverseat mobile app, contacts a Driverseat office or franchisee to arrange service, or uses the online booking portal to request service
Riders – All other passengers in the vehicle at the time of the service
Service – Driverseat services including but not limited to Designated Driver, Assisted Transport, Vehicle Chauffeur, and Fleet.
ACCEPTANCE OF TERMS
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Driverseat Inc. is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is definitely not current and is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation on our end to update any information on the site. You understand and agree that it is your responsibility to monitor changes to the site.
LICENSE AND SITE ACCESS
Driverseat Inc. grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from our company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company.
The right to access our corporate website does not include any resale or commercial use of our site or its contents nor allow you to download or copy any account information for the benefit of another merchant.
Any unauthorized use terminates the permission or license granted by Driverseat Inc..
PRODUCT PRICING & DESCRIPTIONS
The Price displayed for services on our website represents the full retail price listed on the service itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We do not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a service offered on our website is not as described, your sole remedy is to decline the service and contact the Driverseat location from which you ordered the service to determine the resolve. You may elect to cancel a service request at any time before the arrival of your Coachman, in which case you may be charged a cancellation fee.
LINKs & FRAMINGS
You shall not use our company logo or other proprietary graphic to link to this Site without the express written permission of Driverseat Inc.. Further, you may not frame any trademark, logo or other proprietary information, including the Images Content, without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of our company and we shall not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. Driverseat Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Driverseat Inc. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. Driverseat Inc. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. BY BOOKING A DRIVER THROUGH THE SITE, YOU HEREBY CERTIFY THAT YOU HAVE A CURRENT AND SUFFICIENT AUTOMOBILE INSURANCE POLICY ON THE VEHICLE BEING DRIVEN BY Driverseat Inc., AND THAT IT IS IN GOOD STANDING AT THE TIME OF THE SCHEDULED SERVICE.
CORPORATE INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to Driverseat Inc. by an end-user customer pursuant to a Program is proprietary information of Driverseat Inc.. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any specific proprietary information about an individual customer in any manner. Data collected may be sold or distributed as aggregate data without specific contact, financial or personal information, as long as it does not infringe on the privacy rights of the end-user customer.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the Driverseat Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Kitchener, Ontario, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Kitchener, Ontario, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual province or country of residence.
DISCLAIMER AND RELEASE:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DRIVERSEAT SERVICES IS AT YOUR SOLE RISK. YOU HEREBY AGREE TO PERSONALLY BEAR ANY AND ALL RISKS RELATED TO YOUR USE OF THE SERVICES, ASSUMING FULL RESPONSIBILITY FOR ANY HARM OR DAMAGE THAT MAY RESULT. ALL SERVICES ARE PROVIDED ON AN ‘AS IS, WHERE IS’ BASIS. DRIVERSEAT EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED. RIDER ACKNOWLEDGES THAT IN EXCHANGE FOR RECEIPT OF THE SERVICES, CLIENT OR THEIR ESTATE HEREBY: (A) RELEASES DRIVERSEAT FROM ANY AND ALL LIABILITY, INCLUDING NEGLIGENCE, FOR ANY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE THAT MAY OCCUR IN CONNECTION WITH THE SERVICES; AND (B) AGREES NOT TO INITIATE ANY LEGAL PROCEEDINGS AGAINST DRIVERSEAT WITH RESPECT TO ANY SUCH CLAIMS OR DAMAGES.
Client represents and warrants that as of each date on which client requests Services:
- Client is authorized, without restriction, notice, consent or permission, to request the Service and to allow Driverseat to operate the Passenger Vehicle as contemplated in these Terms and elsewhere on the Site;
- Client is the rightful owner or lessee, as applicable, of the Passenger Vehicle;
- The Client’s Vehicle’s registration and insurance are current, a copy of the registration and insurance certificate will be in the vehicle, and the Passenger Vehicle is covered by a fully comprehensive insurance policy under which Driverseat is covered;
- The Passenger Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Passenger Vehicle to be unfit or unsafe to drive;
- No contraband, substance or other items that are illegal for public transport (including, without limitation, firearms or other weapons, explosives, alcohol, drugs or drug paraphernalia and stolen property) are within the Passenger Vehicle; and
- The Passenger Vehicle will have sufficient fuel to reach the designated drop-off location;
- Client carries automobile insurance providing property damage, collision and comprehensive coverage, that there are no driver restrictions in Client’s insurance policies and that such policies are in full force and effect at the time that Driverseat is providing services to Client;
Designated Driver service – Pre-scheduled rides must be cancelled no later than 4 hours before the scheduled pickup time. On-demand rides must be cancelled prior to the Coachman (driver) departing to the pickup location, designated by the time at which the Coachman marks the trip ‘En Route’.
All other services – Pre-scheduled rides must be cancelled no later than 48 hours before the scheduled pickup time.
Driverseat reserves the right to charge a cancellation fee valued at up to 70% of the estimated ride value. Where the estimated ride value is not documented, the cancellation fee will be determined by the shortest route provided through Google Maps.
ASSUMPTION OF RISK
Client is aware and acknowledges that the use of the Service involves an inherent risk of injury, death, and property damage to Client and Passengers. In addition to the inherent risks involved in the operation of an automobile in the possession and control of Client on public and private roadways, Client is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of Driverseat, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. Passenger voluntarily agrees to assume all risks of injury, death, and property damage to Client and any and all Passengers of the vehicle operated by Driverseat and Client waives any and all claims or actions that Client may have against Driverseat.
LIMITATION OF LIABILITY
Your use of any Services is at your own risk. The Services are provided on an “as is” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
DRIVERSEAT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICES.
Passenger releases and holds harmless Driverseat (collectively, the “Released Parties”) from all liability to Client, Passengers and Client’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, guests, invitees children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to these Terms or to the Services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT CLIENT BEARS SOLE RESPONSIBILITY FOR ANY LOSS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DRIVERSEAT ASSUME LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO DRIVERSEAT BY CLIENT FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM OVER THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM.
INDEMNIFICATION BY CLIENT
Client agrees to indemnify, defend and hold harmless Driverseat from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) the transportation of Client and Passengers by Driverseat; (ii) the breach of any of the representations and warranties of Client contained in these Terms; and (iii) the breach of any covenant or agreement of Client under these Terms.
RESERVATION OF RIGHTS
If we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any user information. We may seek to gather information from a user who is suspected of violating these Terms (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any information, emails, or other materials that are believed to violate these Terms.
GOVERNING LAW; VENUE
All matters relating to these Terms or your access to and use of the Service, shall be governed by and decided in accordance with applicable laws, without regard to any conflicts of laws and principles thereof. You hereby submit and consent to the exclusive jurisdiction of your province or state, and agree that all actions or proceedings relating to the Service and these Terms shall be litigated in such courts, and you hereby waive any objection which it may have based on improper venue or forum non convenes to the conduct of any such action or proceeding in such court.
In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions of these Terms shall remain in full force and effect.
All terms and provisions hereof which should by their nature survive the termination shall so survive, including without limitation, those Sections relating to Limitations of Liability, Indemnification, Disclaimer of Warranties, Passenger Warranties, Intellectual Property.
These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. We may freely assign these Terms without consent or notice.
Driverseat reserves the right to amend these Terms at any time, without notice, to affect future dealings between you and Driverseat. You may not alter these Terms, your obligations, or our obligations unless such an alteration is obtained in a writing signed by Driverseat.
You hereby affirm that you are of sound mind and body to enter these Terms, are able to understand it, and hereby waive any defense to the enforceability of these Terms, including intoxication.
The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.