This contract is established between TRANSPORT SOCIAL NETLIFT INC. (hereinafter the "COMPANY" ), headquartered at 3-2415 boul. Édouard-Montpetit, Montreal, Province of Quebec, Canada, H3T 1J5, and yourself as a user.
The email of the COMPANY is: firstname.lastname@example.org
The contract starts at the date of your registration and is deemed to be made to the client's home address as it appears in the header of this contract.
This contract allows the customer to make use of the website online content on www.netlift.me and of the mobile applications of the COMPANY ( hereinafter collectively the "Service" ). The Service consists of a computerized platform offering matchmaking services for carpooling purposes, whereby a driver (the " driver ") offers to carpool with one or more passengers (each a "Passenger" ) for a ride determined by the driver.
Technical rules for accessing this service are described in more details in Article 3.
Each customer, whether he is a rider or a driver, will have an account with the COMPANY (the "Netlift Account").
The Netlift account is used for paying the fees to the COMPANY and the operations costs between users. The customer must possess a valid credit card that allows him to refill his Netlift account wallet, at his discretion, whenever needed. The customer must provide his credit card number, expiration date and the security code during registration on a platform of the Service; this information may be changed and updated at any time.
A rider will not be allowed to carpool if he doesn't have enough money in his Netlift account, and he doesn't have a valid credit card on file, to ensure the successful payment of the amounts due to the driver and to the COMPANY.
Each customer can withdraw the balance in his Netlift account: (i) at most once every 15 days, if the balance of the account exceeds TWENTY DOLLARS ($ 20.00), and (ii) when he ends the contract with the COMPANY or his contract is terminated for any reason whatsoever. Administrative fees might be charged by the COMPANY to each withdrawal from a client's COMPANY account. Such a withdrawal would be made by bank transfer to the account details provided by the customer to the COMPANY using a computerized form provided on a platform of the Service.
There are no monthly fees for accessing the Service. A fee will be charged to the rider by the COMPANY for each carpooling ride completed, and that fee will be credited to the driver's Netlift account, minus a transaction fee.
When the customer offers his services as a driver, he agrees that the COMPANY will verify the validity of his driver license at the time of registration and at any other time when deemed appropriate by the COMPANY but without incurring obligations.
Nevertheless, the customer acknowledges that the COMPANY has no obligation to make background investigation on its customers or to ensure that their behavior is legal, or verify the veracity of the information they submit. The customer also acknowledges that any information that has been verified by the COMPANY is an established fact at the time of verification and the COMPANY has no obligation if it simply decides to make a verification or subsequent verifications.
In order to maximize the experience of each customer of the Service or to comply with the law, the customer must comply with the following requirements :
- The driver must complete the trips he submitted in advance on the service platform, he cannot offer a substantially different route to a rider. The driver will have to offer carpooling for the same route he would have made in the absence of a rider.
- The driver must provide an accurate description of the vehicle he uses for carpooling, in accordance with the forms provided on the Service platforms, and should indicate whether he accepts smokers or not, and if there are any other restrictions to the use of his vehicle, particularly in regards to the volume offered to riders or to their luggage.
- The amounts paid by a rider to a driver in regards to carpooling should be used to reimburse driving expenses based on the distance traveled and cannot be a source of revenue for the driver. As such, the driver agrees not to offer services that can be qualified as transport services with direct or indirect compensation under the Transport Act, RLRQ c . T-12 .
- Being a driver requires the customer to possess a valid driver's license recognized in the Province of Quebec.
- Being a driver, the customer must ensure that the vehicle he uses for carpooling purposes has a valid registration certificate from the Province of Quebec.
- Being a driver, the customer must ensure that he is covered by civil liability insurance according to the Automobile Insurance Act in Quebec. It is the customer's responsibility to report any carpool activity to his insurance.
- It is the rider's responsibility to provide any booster seat and / or child seat required; he should notify the driver in advance using the service platform.
- The customer cannot use the Service for carpooling outside of the Province of Quebec.
- By using the services, the customer must ensure compliance with the Route Code of Quebec at all times and with any other law applicable to carpooling.
- A driver may refuse to carpool with any rider in a state of intoxication, under the influence of prohibited drugs or when he has any other reasonable cause to believe that the ride would jeopardize his safety, in which case he should inform the COMPANY of the motives behind his refusal through one of its platforms. If the refusal is confirmed, the rider will be charged the full amount of fees of the COMPANY, although carpooling has not occurred. In addition, COMPANY may suspend the rider affected by such a measure, for a minimum of 30 days, access to the Service, depending on the seriousness of the charges.
- A rider may refuse to carpool with any driver in a state of intoxication, under the influence of prohibited drugs or when he has any other reasonable cause to believe that the ride would jeopardize his safety, in which case he should inform the COMPANY of the motives behind his refusal through one of its platforms. If the refusal is confirmed, the driver will be charged the full amount of fees of the COMPANY, although carpooling has not occurred. In addition, COMPANY may suspend the driver affected by such a measure, for a minimum of 30 days, access to the Service, depending on the seriousness of the charges.
- Any exchange, resale or lease of the Online Service to a third party is strictly prohibited.
- In addition, the customer must commit to other Service customers with whom he carpools by respecting the USER GUIDE available on the platforms of the Service.
- The contract is set for an indefinite period of time starting its date of creation above.
- The customer may terminate the contract, at any time and at its discretion, by sending a notice to the COMPANY using the appropriate section of the web service platform. In this situation, the COMPANY will not charge the customer any fees for the termination but there will be charges for the Services rendered before the time of termination.
- This contract may be unilaterally modified by the COMPANY in respect to:
- administration fees, service fees due to the COMPANY under paragraphs d) and e) above;
- sharing of vehicle operating costs between drivers and riders under paragraph f) above;
- the requirements to the customer for use of the Service of paragraph h) above;
- technical procedures to access the service and to secure information of Articles 3 and 4 below ; and/or
The COMPANY must send the client a written notice, at least thirty (30) days before the amendment takes effect, containing the new clause or the amended clause as well as the previous version and effective date of amendment, and a notice to the customer of his right to refuse the amendment provided below.
The customer may refuse the amendment and cancel the contract without any cancellation cost, penalty or indemnity by sending a notice about that to the COMPANY within thirty (30) days following the entry into force of the amendment should it result in an increase in the obligation of the customer or a decrease in the obligation of the COMPANY.
The COMPANY will confirm to the client his subscription via email and will provide the same way all the necessary information needed to access the Service platform.
The customer agrees to keep the information he received for accessing the Service (User ID and password) confidential and not to share this information, in any way whatsoever, with a third party.
The digital content of the service is accessible through " NETLIFT " applications on Google Play (Android operating system) and App Store (iOS operating system).
The exchange of personal and confidential information (password, address, etc.) between the Service and the customer browser is protected by a data encryption technology (SSL - Secure Sockets Layer). The SSL service certificate, generated by a trusted Certificate Authority, allows the customer to validate the legitimacy of the COMPANY and of its Service. The COMPANY will make every effort to ensure that personal and confidential data exchanged between the customer and the Service will not be intercepted or altered fraudulently.
The information and personal data provided by the customer is necessary for the management of the Service. The customer must ensure that the information provided to the COMPANY is correct at all times and must commit to updating it when necessary using the right sections provided on the platforms of the Service.
The COMPANY may send promotional offers to the client. Clients can ask to be removed from such offers at any time.
Online digital content and all elements published in the Service ( including explanatory texts of the COMPANY, illustrations, logos) are subject to copyright under the Copyright Act. The COMPANY reserves the right to take all necessary action in case of violation of copyright and such a violation by the customer will also be considered a violation of this agreement.
The COMPANY will not be responsible in any way for service interruptions due to the internet network characteristics and limitations, especially in the case of interruption of access networks, technical performances and response delays in viewing the digital content of the Service. Moreover, the COMPANY does not offer any guarantee against the risks of diversion, intrusion, contamination, or hacking of your data, files and programs. It is the customer's responsibility to take all appropriate measures to protect his data, files and programs, among others to protect himself against computer viruses.
The COMPANY does not offer any warranty nor takes responsibility for carpooling services performed by a driver or a passenger(s). Security and obligations relating to carpooling of riders are the sole responsibility of the driver; if the customer acts as a driver, he agrees to indemnify and hold The COMPANY harmless from any claim that could result from that obligation.
The COMPANY does not offer any warranty and bears no liability for any damage suffered by a driver and caused by a rider, including, without limitation, damage to the vehicle of the driver and vehicle cleaning fees. The rider takes full responsibility for the damage he would cause to the driver; if the customer acts as a rider, he agrees to indemnify and hold The COMPANY harmless from any claim that could result from that obligation.
The customer, whether he is acting as a driver or a rider, is not and will not be an agent, representative, employee or franchisee of the COMPANY.
The COMPANY reserves the right to modify, in whole or in part, its subsequent Service contracts; this current contract could not be used for interpretation of subsequently concluded contracts with the same client.
Any dispute between parties will be subject to the exclusive jurisdiction of courts of the Province of Quebec.