Last updated: January 01, 2024
Current version: 1.09
Please read carefully the following Terms of Service upon which ShareCarRide offers you access and use of our Service (described below). This includes important information about your legal rights, remedies, and obligations as well as certain exclusions and limitations.
These Terms of Service apply to all services provided by MANV AND TEG TECHNOLOGY LTD. (a company registered in British Columbia, Canada and incorporated on August 23, 2023 under the BC Business Corporations Act with Certificate of Incorporation BC1435040) whose registered office is at 9611 Ashwood drive, Vancouver, British Columbia V6Y2Z3.
MANV AND TEG TECHNOLOGY LTD. (hereinafter referred to as “”, “”, “”, or “”) provides an online platform under the brand "ShareCarRide" which connects Drivers who have empty seats in their vehicle and will be making a Trip, with Passengers who are seeking to make the same Trip and are seeking a means of transportation (collectively, the “”), which are made available through our Website at www.ShareCarRide.com and any other Subdomains or Mobile Applications which ShareCarRide makes the Services available through (collectively, the “Service”). By using the Service you understand and agree to be legally bound by these Terms of Service (“”) whether you register to use the Service or not. Please read carefully as these Terms of Service govern your access and use of the Service, and all Members' (described below) and ShareCarRide content. If you do not agree with the Terms of Service then you have no right to continue using or accessing the Service and all Members' and ShareCarRide content. Failure to abide by the Terms of Service as hereby stated may subject you to civil and criminal penalties.
The Service is offered as an online platform through which Drivers (defined below) and Passengers (defined below) may post and arrange Trips (defined below) for Carpooling (defined below) purposes directly with each other and in a strictly non-commercial or professional context. By proceeding to use and access the Service you confirm that you acknowledge that ShareCarRide is in no way a party to any agreements entered into between Drivers and Passengers, and has no control over the conduct of Drivers, Passengers or Members of our Service. You understand that ShareCarRide is not an insurer, agent or broker, and you disclaim us of all liability in this regard to the maximum extent permitted by law.
• A “Member” is a Driver, a Passenger, both or any other registered user of the Service.
• A “Driver” is a person using the Service and offering spare seats in their vehicle to share with other Passengers.
• A “Passenger” is a person using the Service and Booking seats in a Driver’s vehicle.
• An “Account” is created by a Member to access the Service.
• A “Trip” occurs between an origin and a destination at a given date and time and includes details such as a pick-up point, drop-off point, space for personal items and the number of seats available. A Trip is created and maintained by a Driver.
• A “Booking” refers to the act of paying the Contribution for a Trip through the Service before the Trip happens.
• A "Request” is posted by a Passenger looking for a Trip between an origin and a destination on a particular date.
• A “Contribution” or "Trip contribution" refers to a sum of money agreed and paid by the Passenger to the Driver to cover the costs of a particular Trip and can’t accrue profit for the Driver.
• A "Booking fee” is a service fee added atop of a Contribution and paid by the Passenger when Booking on a Trip.
• A “Payment” refers to the total amount of money paid by a Passenger when Booking on a Trip (Contribution + Booking fee).
• A “Payout” refers to the Contributions accrued from Bookings on a Trip and sent back to the Driver using their preferred Payout method.
• A “Payout fee” is a service fee deducted from a Driver's Payout from the Contributions they receive from Passengers on a Trip.
• A “Payout method” refers to the method used to send a Payout to a Driver, either Direct Deposit or PayPal.
• The "Cancellation allowance" is the ability for Drivers to cancel a maximum of one Trip with approved Passengers or one approved Booking every six months.
• “Taking a ride”, “Carpool” or “Carpooling” refer to the act of sharing a Trip in a vehicle amongst a Driver and Passenger(s) in exchange for a Contribution.
ShareCarRide reserves the right, at its sole discretion, to modify the Service or to modify these Terms of Service, including the Booking fee, at any time and without prior notice. If we modify these Terms of Service, we will post the modifications on the Service or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms of Service. By continuing to access or use the Service after we have posted a modification on the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
3.1 We ask Members to verify their identity through their email or phone number. We do not investigate any Member's reputation, conduct, morality, criminal background or any other information posted on the Service. You are responsible for exercising common sense and determining the suitability of other Members of the Service. We encourage you to communicate directly with potential Drivers or Passengers through the Service and to take the same precautions you would when meeting a person for the first time.
3.2 You are solely responsible for your interactions with other Members of our Service. We will not be responsible for any damage or harm resulting from your interactions with other Members. We reserve the right to monitor interactions and restrict access to any Member who is posting material we consider objectionable.
3.3 Release.As our Service is a facilitator, in the event of a dispute between you and another Member, except when such exclusions are forbidden by law, in particular in line with the "Loi sur la protection du consommateur québécois", you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
4.1 As a Member of this Service, you must act responsibly and exercise good judgment. This includes, but is not limited to, the following:
4.1.1 Driving carefully, respecting the rules of the road, not being under the influence and not violating any applicable laws or regulations and driving a vehicle in good functioning order that has passed any required vehicle inspections
4.1.2 Not infringing the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights
4.1.3 Not using information obtained through this Service for any unauthorized purpose
4.1.4 Not interfering with or damaging the Service. We come in good faith.
4.1.5 Not using this Service to distribute spam
4.1.6 Respecting other Members: no harassment, abuse (verbal or physical) or stalking is tolerated on the Service
4.1.7 Not using the Service for commercial activities, unless otherwise agreed directly with ShareCarRide
4.1.8 Not registering to the Service on behalf of another individual
4.1.9 To being at least 18 years old and able to enter into legally binding contracts to access and use the Service or register for an Account. By accessing or using the Service you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
4.1.1 0Not assisting a third party in doing any of the above
4.1.11 Reporting misconduct
If you feel that another Member of the Service has acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, or engages in other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us, with the understanding that your report does not obligate us to take any action or cause us to incur any liability.
5.1 NO commercial activities, unless otherwise agreed by contract with ShareCarRide.
The Service is strictly limited to providing a Service for Drivers and Passengers to Carpool in a private capacity. The Services may not be used to offer or accept Carpooling for profit or in any commercial or professional context, unless otherwise agreed by contract with ShareCarRide.
Drivers may not profit from any Trip. The Service and the cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Trip Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and services booked using the Service and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop-off and pick-up points and collecting additional Passengers (other than the Passenger).
All Trips and pick-up and drop-off points must be pre-agreed through the Service in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passengers through the Service.
Drivers may NOT post Trips speculatively. Drivers can only post Trips if they are 100% sure of when and where they are travelling, to ensure a reliable service for Passengers.
Drivers are reminded that using the Service in a commercial or professional capacity may invalidate a Driver’s insurance. ShareCarRide’s liability is limited in accordance with these Terms of Service and in particular ShareCarRide is not liable in respect to any breach of any agreement between Members or breach by a Member of these Terms of Service including where any Driver (in breach of these Terms of Service) offers services through the Service in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Members to be vigilant in ensuring that services are not provided on a commercial basis.
ShareCarRide doesn’t provide transport services. The Carpool Service offered is an online platform which lets Members connect to transact with one another. ShareCarRide does not interfere with Trips, destinations or timings. The agreement for Carpooling is between the Driver and the Passenger. ShareCarRide is not a party to any agreement or transaction between Members, nor is ShareCarRide liable in respect of any matter arising which relates to a Booking between Members. ShareCarRide is not and will not act as an agent for any Member.
Any breach of these Terms of Service will give rise to immediate suspension of a Member’s Account and they may be restricted from accessing any further Services.
5.2 Access to the Carpool service
Each Member of ShareCarRide has to create an Account to access the Service. To create an Account, you must:
5.2.1 Either log in or register to the service:
5.2.1.1 Log in with your Facebook or Google Accounts via Open Authentication methods (OAuth). In using such OAuth methods, you understand that ShareCarRide will have access to information about your Facebook or Google Account, and publish some of that information on the Service. You can remove the link between your ShareCarRide Account and your Facebook or Google Accounts using the "Social Accounts" section of your Account settings.
5.2.1.2 Or register with your email and password, and complete all required fields on the registration form.
5.2.2 Verify your email address and have access to that email address while making use of the Service
5.2.3 Verify your cell phone number and have access to communicate with other Members via calls and text messages while making use of the Service
5.2.4 Provide your legal first name and last name
5.2.5 Provide a well-lit profile photo of yourself that clearly shows your face
5.2.6 Provide an accurate description of yourself
5.2.7 Provide your age and gender
5.2.8 Agree to our Terms of Service and Privacy Policy
When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying ShareCarRide.
You agree to be the sole owner of your Account, and to not share its access with anyone.
You agree that all representations, communications, Bookings, Payments and the use of any of the other features provided by Service are only made by you, and never by a third party, or on behalf of a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created by you.
You may have to enter an email and password as part of the registration process. You are solely responsible for the confidentiality and use of these. You must notify us immediately of any unauthorized use of your login details or any other breach of security.
5.3 Eligibility to use the Service
ShareCarRide offers a Carpool service which allows Members to contact each other to arrange a Carpool. The Passenger is expected to contact the Driver through the Service to arrange a Carpool and any conditions of travel (including size of luggage, equipment, etc).
The eligibility of a Member to use the Carpool service is to ShareCarRide’s discretion and as such ShareCarRide reserves the right to withdraw that service from any Member at any time.
5.4 Conditions under which the Service is provided
ShareCarRide reserves the right to:
(i) Withdraw the Service it provides and restrict it to a cohort of Members and / or only several destinations.
(ii) Make exceptions to the policies of the Service
6.1 Trips
The Driver proposes Trips on the Service by providing the origin and destination, date and time of departure, seats available and any other relevant information.
The Driver proposing a Trip must be the primary Driver of that Trip, and cannot delegate the driving to another Driver. If another Driver is to participate in the driving during the Trip, this must be disclosed and agreed to by the Passengers prior to departure.
In the scope of a Trip, Passengers can exchange Messages and place Bookings with the Driver.
6.1.1 Messages
ShareCarRide provides a messaging service (the "Messaging service") to enable communication between Members. Messages can be exchanged between the Driver and the Passenger to discuss finer details about the Trip.
Please note that we do not allow the exchange of personal contact details such as phone numbers, email addresses or Website URLs through the Messaging service until a Booking has been approved.
6.1.2 Bookings
The Passenger may book one or more seats from the Service only by performing an online Payment with a valid credit or debit card. The Payment is received by ShareCarRide and constitutes a Booking on the Trip.
After performing a successful Booking on a Trip, the Driver and Passenger are bound to that Booking and any cancellations are subject to the Cancellations terms listed below in Section 6.5
The Driver and Passenger are informed of the Booking by notifications sent to their email address or phone registered with ShareCarRide. The Booking is only valid under the Member’s registered name on the Service and is void under any other name. The Driver is subject, upon a Booking placed by a Passenger, to complete the Trip as agreed by each party. The Driver must ensure there are enough seats in their vehicle to comfortably accommodate each and every Passenger with a seatbelt.
Drivers have the choice between two systems to receive Bookings on their Trip:
6.1.2.1 Request to book
Under the Request to book system, the Driver indicates they wish to manually approve or decline each Booking request on their Trip.
Passengers Request to book on a Trip with a Driver by placing a Payment authorization on their card. Passengers may also specify a Booking request expiry time between 1 and 24 hours, during which the Driver has to manually approve or decline the Booking request.
If the Driver approves the Booking request, the Booking is confirmed and the Passenger’s Payment is captured and a charge is made on the Passenger’s card.
If the Driver declines the Booking request, the Booking is voided and the Passenger’s Payment is not captured and the authorization is released from the Passenger’s card.
If the Driver doesn’t approve or decline the Booking request, the Booking request automatically expires once the Booking request expiry time is reached and the Passenger’s Payment is not captured.
The Passenger can also withdraw a Booking request at no charge if the Driver hasn’t previously approved it. The Passenger’s Payment is not captured and the authorization is released from the Passenger’s card.
6.1.2.2 Instant book
Under the Instant book system, the Driver indicates they wish Bookings on their Trip to be instantly and automatically approved without manual intervention.
Passengers who Instant book will make a Booking with an immediate Payment on their card, and be instantly charged and approved.
Bookings made under the Instant book system, with the exception of the provision under the "Loi sur la protection du consommateur" if you are in Québec, are final and subject to the Cancellation policy described in this document under section 6.5
6.2 Currency
All Payments and Payouts in the Service are processed in Canadian Dollars (currency symbol $CAD).
6.3 Payments by Passengers
6.3.1 Online Payments - NO cash
To provide a reliable and successful Carpool experience, ShareCarRide operates a Service with online Payments. Within the scope of this Service, all Payments are to be processed online using ShareCarRide’s secure Payment service.
Any other forms of online or offline Payments, including but not limited to cash and e-transfers, are not allowed and may lead to the closure of your Account.
6.3.2 Collection of Payments
To collect Payments, the Service uses Stripe, a third-party, secure online Payments gateway. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification. Your credit card information is kept safely with Stripe and no sensitive information hits the ShareCarRide servers.
By using ShareCarRide, you agree for Stripe to securely store and retrieve your personal credit information as depicted in the Stripe terms of service.
Once your money is processed with Stripe, it is safely kept in escrow with ShareCarRide.
6.3.3 Booking fee
In the scope of the Carpool service with Bookings, ShareCarRide collects a service fee on each Booking (the "Booking fee").
The Booking fee is added on top of the Trip contribution and is paid by the Passenger at the time of Booking.
6.3.4 Interests
The Payments for Contributions placed through the Service’s Booking service and owed to Drivers might accrue interests over time if they are not paid out in a timely manner. This might happen under exceptional circumstances. The Member agrees never to claim any interest accrued on any Payment they are due.
6.3.5 Fraud and Identity
Members agree to respond to any demand from ShareCarRide, the bank or any legal entities with regards to preventing or fighting fraud and/or money laundering. In particular, Members agree to comply with such Requests by supplying valid identification documents. In the event of an immediate response to such Requests, Members agree in advance to allow ShareCarRide to freeze any funds they might be owed in relation to any Trips or Bookings on the Service or/and to restrict their access to the Service.
6.4 Payouts to Drivers
6.4.1 Payout methods
Bank account and PayPal payouts are the only two Payout methods supported to sent Payouts to Drivers on ShareCarRide:
Into their Bank account by entering their Bank account details into their Account.
Bank account payouts can only be processed to Canadian Bank accounts in $CAD.
ShareCarRide is not responsible for ensuring Bank account details have been entered correctly and any Payouts sent to erroneous Bank accounts cannot be reverted.
Bank accounts may require additional verifications for security reasons and to prevent fraud, including but not limited to the verification of a piece of identification from the Driver.
6.4.1.2 Into their Paypal Account by linking their Paypal Account to their Account.
PayPal payouts can be processed in both $CAD currency and foreign currencies. For Payouts in foreign currencies on PayPal, an exchange rate applies.
ShareCarRide is not responsible for ensuring PayPal Account details have been entered correctly and any Payouts sent to erroneous PayPal Accounts cannot be reverted.
6.4.2 Payout process
After a Trip, the Payment made by a Passenger goes through a clearing period of four (4) days. During this clearing period, Passengers have the opportunity to dispute their Booking on the Trip. In the absence of a dispute during this clearing period, the Payment is cleared on the fourth (4th) day.
Once the Payment is cleared, the Contribution portion of the Payment (the Payment minus the Booking fee) is ready to be sent out to the Driver as a Payout.
At this point, the Driver must have a valid Payout method set in their Account (see section 6.4.1.1)
Once a valid Payout method has been entered by the Driver and the Payment has passed the clearing period, a Payout is ready to be sent to the Driver. Payouts are sent to Drivers once per day.
After a Payout has been sent to a Driver, there are additional Processing Times for the Payout to reach the Driver’s preferred Payout Account, depending on the selected Payout method:
(i) For Bank accounts: estimated 2-8 business days
(ii) For PayPal: estimated 0-2 business days
If a valid Payout method isn’t entered within 365 days of the Trip departure, the Payout is forfeited and Payments from the Bookings on the Trip are deemed to belong to ShareCarRide.
6.4.3 Conditions for the Driver to get paid
In the scope of a Trip between a Driver and one or many Passengers, the Driver must:
a) Turn up to the pick-up point five (5) minutes in advance.
b) Before departure, inform the Passengers approved on a Trip of any modifications to the Trip details that might affect the Passengers, included but not restricted to changes in the timing of the Trip and/or the pick-up or drop-off points. If a Passenger refuses a change on that Trip before departure, they are in full right to cancel their Booking without fees and without any Contribution going towards the Driver’s costs.
c) Wait for the Passenger at the pick-up point for up to 10 minutes past the agreed upon pick-up time, and give any missing Passengers a courtesy call before leaving without them.
d) Be the main Driver and drive the Passenger safely to the predefined and agreed final destination.
e) Not be operating a commercial, for-profit service unless explicitly agreed to by ShareCarRide.
ShareCarRide reserves the right to refund a Passenger and/or close the Driver’s Account if they fail to fulfil the above conditions on a Trip.
6.4.4 Payout fee
In the scope of the Carpool service with Bookings, ShareCarRide collects a service fee on each Payout to the Driver (the "Payout fee").
The Payout fee is deducted from the Trip contribution and is withheld during the Payout process.
Policies on cancellations, no-shows and disputes
6.5.1 Driver cancellation policy
A Driver may cancel a Trip without approved Passengers at any time, with no penalty.
A Driver may cancel a maximum of either one Trip with approved Booking(s) or one approved Booking in a six-month period, called the "Cancellation allowance". If a second cancellation occurs in the six-month period following the first cancellation, the Driver's Account will be put under review and may be blocked.
When a Driver cancels a Trip (with approved Booking(s)) or an approved Booking, the following rules apply:
6.5.1.1 A refund to the Passenger(s) is processed: they are refunded 100% of the Trip Contribution and the Booking fee.
6.5.1.2 The Driver receives a cancellation auto-review on their profile.
6.5.1.3 An issue is raised with the ShareCarRide team to assess whether the Driver was at fault and if the cancellation counts towards their Cancellation allowance.
6.5.1.3.1 If the Driver is considered at fault, the cancellation counts towards the Driver's Cancellation allowance.
6.5.1.3.2 If the Driver is considered not at fault, the cancellation isn't counted towards their Cancellation allowance.
6.5.2.4 ShareCarRide reserves the right to block a Driver's Account at any time in the scope of a cancellation if there is reason to believe they are providing a negative experience for other Members.
Driver no-show policy
A Driver not showing up on a Trip with approved Passengers is serious and may lead to immediate Account termination.
When a Driver receives a no-show from a Passenger in the scope of a Trip, an issue is raised with the ShareCarRide team to collect more information on the no-show:
6.5.2.1 If the no-show cannot be verified or was left by mistake, it is rejected and there is no penalty for the Driver.
6.5.2.2 If the no-show is verified and the Driver was not at fault, a no-show review is added to the Driver’s profile and the Driver’s Account is kept open
6.5.2.3 If the no-show is verified and the Driver was at fault, a no-show review is added to the Driver’s profile and the Driver’s Account may be blocked by our team.
6.5.2.4 ShareCarRide reserves the right to block a Driver's Account at any time in the scope of a no-show if there is reason to believe they are providing a negative experience for other Members.
6.5.3 Passenger cancellation policy
6.5.3.1 If the Passenger cancels a Booking more than 24 hours before the Trip’s scheduled departure time, the Passenger receives a refund for the full amount of the Trip Contribution and as a Cancellation fee, ShareCarRide keeps the Booking fee.
6.5.3.2 If the Passenger cancels less than 24 hours before the Trip’s scheduled departure time, the Driver is granted 50% of the Contribution amount, the Passenger receives a refund for the remaining 50% of the Contribution amount and ShareCarRide keeps the Booking fee.
6.5.3.3 If the Passenger cancels after the Trip’s scheduled departure time or does not show up within 10 minutes of the Trip’s scheduled departure time, the Driver receives the 100% of the Contribution amount and ShareCarRide keeps the Booking fee. No refund is granted to the Passenger.
In the event of a cancellation, the seats freed up by the Passenger on the Trip are offered to other Members of the Service and subject to the Booking and Cancellations policies in this document.
6.5.3.4 If a Driver cancels a Trip subsequently to a Passenger cancelling a Booking, a full refund is issued to the Passenger, including the Booking fee.
6.5.3.5 Under Request to book:
6.5.3.1 a Passenger may withdraw a Booking request before it has been approved at no charge.
6.5.3.2 if the Booking request expires, the Passenger is not charged.
6.5.3.5.3 In both cases, the Booking fee isn’t charged and a full refund is issued.
6.5.3.6 ShareCarRide reserves the right to issue refunds to Passengers outside the Passenger cancellation policy to ensure fairness in certain events, for example (but not limited to):
6.5.3.6.1 when a booking is made with a fradulent Payment method
6.5.3.6.2 when the Driver is operating a non-sanctionned commercial service
6.5.3.6.3 when a Passenger makes a mistake while Booking and requests a refund within a reasonable timeline
6.5.3.6.4 when a Driver approves a Booking request without agreeing to the Trip details with the Passenger first
6.5.3.7 Repeated cancellation of Bookings by a Passenger may lead to the closure of their Account.
6.5.4 Passenger No-show Policy
If a Passenger was booked on a Trip and does not show up, our Passenger no-show policy applies.
6.5.4.1 The Driver receives 100% of the Passenger's Payment, and ShareCarRide keeps the Booking fee
6.5.4.2 A no-show review is added to the Passenger's profile
6.5.4.3 ShareCarRide reserves the right to block a Passenger's Account at any time in the scope of a no-show if there is reason to believe they are providing a negative experience for other Members.
6.5.5 Disputing Cancellations, Bookings or Payments
A Driver or Passenger has four (4) days after a Trip was scheduled to depart on the Service to dispute a Booking, Cancellation or Payment that would result in the Driver receiving a Payout, as per section 6.4.3. If there have been no disputes from the Driver or Passenger within four (4) days after the Trip was scheduled to depart on the Service on any Bookings, Cancellations or Payments on that Trip resulting in Contributions for the Driver, or the Passenger has indicated the Trip has successfully happened through the Service or through any other communication channels, including our Support channels or any other online or offline communication channels, inside or outside the scope of our Service, the Payment to the Driver will proceed as per usual and under the rules defined in this Section.
A Driver or Passenger may raise a dispute for a Booking within the four (4) day dispute window by using the review system provided by the Service.
Beyond the four (4) day dispute window after a Trip was scheduled to depart on the Service, we will not process a refund to the Passenger or the Driver.
6.6 Insurance
The Driver takes the responsibility to insure their vehicle as per the laws in effect and to check the validity of their insurance before every Trip. The Driver must also have a valid Driver’s licence.
It is each Driver’s and Passenger’s responsibility to verify with their insurance company they are covered while Carpooling.
For Drivers with company issued vehicles, it is also their duty to check their insurance policies cover all Passengers on a Carpooling Trip.
Both Driver and Passenger are informed of the possibility for their insurance companies to refuse to cover the damage caused in a possible incident while using a private vehicle for commercial purposes as depicted in section 5.1.
The Member accepts the full financial responsibility for any uncovered insurance claims that might result from an accident, and agrees that ShareCarRide is in no way liable.
ShareCarRide reserves the right to suspend at any time a Member’s Account and withhold any outstanding Payments in suspicion or acknowledgement of the Member practicing any commercial activity related to the Service, as described in section 6.1. ShareCarRide also reserves the right to communicate any illegal activity through the Service to the relevant authorities.
6.7 Litigations & conflicts
ShareCarRide provides a contact form for Members to report any conflicts and resolve litigations. This form is destined, in particular, to help Members resolve litigations around Bookings and cancellations.
ShareCarRide does its best to address all demands in a timely manner but has no obligation to solve all conflicts that arise on the Service between Members.
If a litigation goes unsolved between Driver and Passenger, ShareCarRide reserves the right to withhold any outstanding money paid by the Passenger until an agreeable solution is found between Passenger and Driver or a legal decision is imposed.
6.8 ID verification
ID Verification is available from the Service. We reserve the right to expand or limit the availability of our verification or terminate the verification program at any time.
6.8.1 Security
ShareCarRide is very concerned with safeguarding your information. When you enter sensitive information (such as a digital copy of your identity documents: Driver's license, ID card, passport or any other form of ID) on our ID verification form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can consult our Privacy Policy or contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your personal data stored on our Service, in line with applicable laws.
6.8.2 Your responsibilities
We ask Members to verify their identity by linking:
6.8.2.1 their email address to the Service
6.8.2.2 their cell phone number to the Service
6.8.2.3 uploading a legal form of identification to the Service
6.8.2.1 for Drivers, the only accepted forms of identification are their personal Driver’s license with a valid expiry date or a recent abstract from the local governing transport authority.
6.8.2.2 for Passengers, the only accepted forms of identification are their personal Driver’s license with a valid expiry date, a recent Driver's licence abstract, a national identity document or a passport.
We do not investigate any Member's reputation, conduct, morality, criminal background or any other information. You are responsible for exercising common sense when determining the suitability of other Members of the Service. Be smart, be safe.
6.8.3 Privacy
Information collected by ShareCarRide during the ID verification process will not be sold, shared or rented to others
The files collected as part of the ID verification process on the Service will be used for manually verifying validity of details provided. Once the information has been verified, we will destroy any document you might have uploaded to our server (photo or scan of passport, ID card, Driver's license) within 7 days of ID verification. The documents might stay in backup files for up to 30 days, and then be destroyed forever. We do not keep any other copies of your personal files anywhere, in accordance with Canadian Law and our Privacy Policy.
The information in the files collected will not be copied to text or stored in our database. We merely use the process to visually verify identities and do not store the information present on the documents on our servers or in our database.
6.9 Referral program
The Referral program is available from the Service. We reserve the right to expand or limit the availability of our Referral program or terminate the Referral program at any time.
6.9.1 Description of the Referral program
The Referral program permits Members to earn Promo codes by referring to ShareCarRide first time, new Members who create an Account and get activated by placing a Booking on a Trip for the first time and successfully completing that Trip. A “Completed” Booking is a Booking that is accepted by the Driver and paid for by the Passenger and which is not cancelled or disputed by either the Driver or the Passenger at any time before, during or after a maximum of 4 days after the Trip’s scheduled departure date on the Service.
Referred Members will be attributed a Promo code by a Referring Member through an invite.
Referring Members can only get a Promo code for the first 500 Referred Members (i.e., the first 500 Members they referred under this Referral program) who complete their first Booking in line with these Terms.
To participate, Referring Members must agree to these Terms.
6.9.2 Your referrals
You agree to (i) use best efforts to refer Referred Members that will successfully book on a Trip; and (ii) educate Referred Members on how to use the Service, including how to make Bookings through the Service, by pointing them to resources at ShareCarRide.com. You may not represent yourself as an employee, intermediary or agent or as being authorized to bind the Company. You may not create materials (including business cards, Websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and ShareCarRide. However, you must state that you are a Referring Member who is encouraging people to book on ShareCarRide.
You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead).
You agree that you will not set up Accounts, place Bookings or create Trips on behalf of Referred Members and that you will not be eligible for Promo codes if you are in breach of these Referral program Terms.
6.9.3 Promo code
You will receive a $CAD5 Promo code for the first Booking Completed by a Referred Member. The Referred Member will receive a $CAD5 Promo code upon Signup for being Referred by you.
The Referred Member has 21 days from the date they are invited to complete the registration process and create an Account. There is no time limit for completing your first Booking as a Referred Member.
No Promo code will be granted for Bookings done by current or former Members. All Referred Members must be new, first time Members.
Promo codes will be issued within 7 days of each qualifying event and will be redeemable through the Service for 6 months after they are issued.
Whether a Promo code is due shall be a decision made in the sole discretion of ShareCarRide. ShareCarRide reserves the right to any remedy, including denial of a Promo code, withholding of a Driver Payment or cancellation of an Account, if fraud, tampering or other violations of ShareCarRide’s Terms of Service or these Terms are suspected.
6.9.4 Nature of relationship
You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Referral program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between ShareCarRide and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.
6.9.5 Indemnity
By the maximum measure allowed by applicable laws, you accept to defend, indemnify and hold ShareCarRide harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Referral program.
6.9.6 Termination
ShareCarRide may terminate your participation in the Referral program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.
6.9.7 Exclusion and Limitation of Liability
In no event will ShareCarRide be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages.
In no event will ShareCarRide be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages.
6.9.8 Modification
oparide reserves the right, at its sole discretion, to modify the Referral program at any time by posting an update on this page. By continuing to use the Referral program, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Referral program and to terminate your Program participation.
By agreeing to these Terms of Service, you also agree to our Community Agreement, which depicts a high-level summary of how we expect Members to use our Service. Please refer to our Community Agreement page for more information.
8.1 Anti-Discrimination Policy
ShareCarRide is an "equal opportunity community." ShareCarRide will not allow discrimination within its community and will ensure against discrimination to the best of its abilities on the bases of race, creed, color, national origin, or sex. Allegations of discrimination on ShareCarRide may lead to preventive or permanent closure of a Member's Account.
8.2 Anti-Harrassment Policy
ShareCarRide is committed in all areas to providing a community that is free from harassment. Harassment based upon an Member's sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All Members are expected and required to abide by this policy. No Member will be adversely affected in the use of this Service as a result of bringing complaints of unlawful harassment against another Member. Allegations of harrassment on ShareCarRide may lead to preventive or permanent closure of a Member's Account.
8.3 Anti Sexual Harrassment Policy
Sexual harassment is behavior of a sexual nature that is unwelcome and offensive to the person or persons it is targeted toward. Examples of harassing behavior may include unwanted physical contact, foul language of an offensive sexual nature, sexual propositions, sexual jokes or remarks, obscene gestures, and displays of pornographic or sexually explicit pictures, drawings, or caricatures. Use of the ShareCarRide platform for the purpose of viewing, displaying, or disseminating material that is sexual in nature may also constitute harassing behavior. Allegations of sexual harrassment on ShareCarRide may lead to preventive or permanent closure of a Member's Account.
8.4 Reporting
If an Member feels that they have been harassed on the basis of their sex, race, national origin, ethic background, or any other legally protected characteristic they should immediately contact ShareCarRide. Once the matter has been reported it will be promptly investigated and any necessary corrective action will be taken where appropriate. All complaints of unlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances.
9.1 Privacy policy
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Service is designed to allow Members to only post details regarding Trip dates and locations. We may collect other personal information from you that we do not post on our Service.
By agreeing to these Terms of Service, you also agree to our Privacy Policy. Please refer to our Privacy Policy for more information.
9.2 Third-Party Content
In using our Service, you may be exposed to content from other Members or third parties ("Third-Party Content") either on our Service or through links to third-party Websites. We do not control and have no responsibility for Third-Party Content. You must evaluate and bear all risks associated with Third-Party Content.
10.1 Limits of liability
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, we shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to a) the Member or inability to use our Service b) the cost of replacement of any goods, services or information obtained as a result of our Service c) disclosure of, unauthorized access to or alteration of your content d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages e) your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or meeting with other registered Members or persons introduced to you via registered Members, whether online or offline) any other matter arising from, relating to or connected with our services or these terms. ShareCarRide's liability to any Member’s claim won’t exceed the maximum amount of $50.
10.2 Disclaimer of warranties
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, if you use our Service, you do so at your sole risk. Our services are provided on an 'as available' basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that:
10.2.1 Our Service will meet your requirements or expectations.
10.2.2 Our Service will be uninterrupted, timely, secure, or error-free.
10.2.3 Any information that you obtain through our Service will be accurate or reliable.
10.2.4 Any errors in any data or software will be corrected.
10.3 Indemnity
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, you shall defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Service. If you are obligated to indemnify us, we will have the right to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
10.4 Intellectual Property
All material on our Service is protected by rights, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws as may be applicable. Unless expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. It's our Service - no thieving.
You may not systematically retrieve data or other content from our Service for your own devious plans, including re-creating databases, directories or downloads. You may not display any portion of our Service in a frame without our prior written consent. You may however, establish ordinary links to the Service without our written permission.
10.5 Legal compliance
You shall use the Service in a manner consistent with any and all applicable laws and regulations.
11.1 Termination
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms of Service) with or without prior notice and at any time, terminate your access to the Service.
11.2 Discontinuance of Service
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Service.