Contractual Relationship‍

These Chaufrr Corporation – Terms and Conditions – Canada govern the access or use by you, an individual, from within any country in the world of any platform, applications, websites, content, products, and services (the “Chaufrr Services”) made available by Chaufrr Corporation.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE CHAUFRR SERVICES.

You may accept these terms by clicking a box or by using or placing an order using a Chaufrr branded application or website or by otherwise affirmatively indicating your acceptance and subsequently, by continuing to access and use the Chaufrr Services, you agree to be bound by these Chaufrr Corporation Terms, as may be amended from time to time, which establishes a contractual relationship between you and Chaufrr. If you do not agree to these Terms, at any time, you should not access or use the Chaufrr Services. These Terms expressly supersede prior agreements or arrangements with you and Chaufrr Corporation and/or any affiliates of Chaufrr Corporation regarding the provision of Chaufrr Services. Chaufrr may immediately terminate these Chaufrr Terms or any Chaufrr Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

  1. Definitions

The following terms are used throughout the Agreement and have the following specific meanings (unless a different definition is given in any specific document).

We, our, us, Chaufrr means Chaufrr Corporation, a company established in Canada whose registered address is at 220-4851 Westwinds DR NE Calgary, Alberta.

Account means a user account on the Platform in your name.

Agreement means our agreement with you, comprising all the terms, conditions, and notices contained or referenced in these Terms and all other rules, policies (including the Privacy Policy), guidelines, and procedures that we may publish from time to time on the Platform (in each case as amended from time to time).

App means the mobile application that is provided by Chaufrr which connects Clients with Driver.

Charges mean charges to you in connection with the Driver Services you receive from an independent Driver arranged via the Platform.

Client means a person who contacts, engages, and/or aims to contact or engage a Driver through use of the Services.

Confirmation has the meaning given to it in clause 14.1.

Content means any content submitted, generated, featured, displayed through the Platform (including any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, User Content that may be submitted by a User.

Dispute has the meaning given to it in clause 21.2.

Driver Services means driver services provided by the Driver, as outlined on the Platform.

Incident means any act, omission or event in connection with the Driver Services or the Services, including any late arrival or alleged misconduct by a Driver.

Accident means accident causing damages to Your Car at fault of the driver providing Driver Services.

Losses mean any claims, demands, assessments, charges, losses, liabilities, costs and expenses (including attorneys’ fees, penalties, interest or loss of profits).

Platform means any online tool provided, processed and/or maintained by us (including our App, website, all subpages and subdomains, all Content, Services, and products available at or through the Platform located at

https://www.chaufrr.com

or any other related domain offering access to, or facilitating the provision of, the Services.

Privacy Policy means our privacy practices in relation to the use of User Content, the Platform and the Services which is available at

https://www.chaufrr.com/privacy/policy

School Rides means journeys to and/or from an educational setting for school-age children, provided always that all relevant children are accompanied for the entire journey by an adult who is responsible for the relevant children, which for the avoidance of doubt shall not be the Driver.

Services means our online and/or offline services for the provision and use of the technology that we have developed for collaboration, communication, and payment between Drivers and you, including without limitation, access to our App, communication tools, and payment services which enable you to arrange, schedule and pay for Driver Services.

Terms mean these terms and conditions.

Third-Party Content means any content that belongs to or originates from parties other than the User or Chaufrr.

Driver / Third party providers means independent individuals providing Driver Services arranged through the platform.

User Content means any content, written or otherwise, created, submitted, generated, featured and/or displayed through the Platform (including any text, correspondence, audio and/or visual content, feedback related to the Services, initiation of support requests and submission of entries for competitions and promotions and photographs) by you or other Users while using the Platform.

Users means the person, company, or organization that has visited or is using the Platform and/or any Service provided by the Platform.

Vehicle Information means the information provided by a User when registering any vehicle in connection with their Account, including the make, model, license plate and insurance status.

Voucher means a voucher that Chaufrr may create from time to time that may be redeemed for credit against the price of a trip, or other features or benefits related to the Services.

You, your means a User.

Your Car/Vehicle The car/vehicle for which your are booking a Driver.

  1. Amendments

2.1.   You agree that Chaufrr may amend the Agreement or any part of it from time to time, and at our sole discretion. Although we will use our best endeavours to notify you of any amendment to the Agreement, we will not be required to provide you with prior notification of any such amendments or changes. Your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes.

2.2.   Upon any amendment or change to the Agreement, we will publish the relevant change or amendment on our Platform. Your continued use of the Platform and/or any Service after the publication date of any amendment or change constitutes your acceptance of it.

2.3.   You agree and undertake to review the Agreement each time you visit our Platform and/or prior to your use of any Services. If you do not agree to the Agreement, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.

  1.  About Chaufrr

3.1.   The Chaufrr Services constitute the provision of a technology platform that enables you, as a user of Chaufrr’s applications or websites (each, an “Application”) to: arrange and schedule Driver services. Our Platform connects Drivers/Third Party Providers and Clients. We provide Clients with access to Chaufrr’s (a) virtual community of Drivers (b) easy collaboration through our communication tools (c) and secure payment tools.

3.2.   You understand and agree that Drivers are not the employees or agents of Chaufrr Corporation and that any transaction and/or agreement entered into as a result of your use of the Services whether oral or written, is between you and the Driver/Third party Provider only and Chaufrr is not to be held liable. You acknowledge and agree that Chaufrr shall not be held responsible for performing the obligations of any Driver. Chaufrr disclaims all liabilities arising from or related to the performance or conduct of any Driver/Third Party Provider.

You agree and acknowledge that Chaufrr acts solely as an intermediary between Clients and Drivers/Third Party Providers through the services.

If the Driver performs out of ordinary (eg. completely sends you or the car in the wrong direction) Chaufrr will mediate in the extra costs incurred and issue a refund if proven rightful. if the Driver gets a traffic fine while driving your car (due to Driver’s mistake), Chaufrr will refund 100% of fine amount in the case the traffic fine is rightfully attributed and not contested by the Driver/Third Party Provider.

3.3.   Chaufrr does not endorse any Driver/Third Party Provider over another to service a Client. While we use commercially reasonable efforts to confirm that the Drivers are appropriately licensed and maintain the required governmental approvals, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, quality, or qualifications of any Driver.

3.4.   You understand and acknowledge that:

3.4.1.       You are solely responsible for the Vehicle Information;

3.4.2.       Chaufrr and any Driver may rely upon the Vehicle Information provided by you without further inquiry;

3.5.   Unless otherwise agreed by Chaufrr in a separate written agreement with you, the Driver Services are made available solely for your personal, non-commercial use.

3.6.   YOU AGREE AND ACKNOWLEDGE THAT: CHAUFRR IS NOT A DRIVER COMPANY, DOES NOT EMPLOY ANY DRIVERS, DOES NOT PROVIDE DRIVER SERVICES AND THAT ALL DRIVERS PROVIDING DRIVER SERVICES ARE INDEPENDENT INDIVIDUALS.

  1. License

Subject to your compliance with the Agreement, Chaufrr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Chaufrr Services. In each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Chaufrr and Chaufrr’s licensors.

  1.  User Accounts

5.1.   In order to use the Services, you must register for and maintain an active Account. You must be at least 18 years of age to register for an Account or to use any Service. Account registration requires you to submit to Chaufrr certain personal information, such as your name, email address, gender, date of birth and mobile phone number. You agree and accept that any such information may be shared by Chaufrr with Drivers.

5.2.   You may only possess one Account.

5.3.   Each Client is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated and to maintain its confidentiality. You agree to notify Chaufrr at contact@Chaufrr.com immediately of any unauthorized use of Account, or any other breaches of security. We will not be responsible for any losses arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.

5.4.   We reserve the right to suspend or terminate your Account at any time and for any reason, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, incomplete, out of date, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.

  1.  User Requirements and Conduct

6.1.  You are only allowed to make use of our Services in relation to a vehicle where (i) you are the owner of the vehicle or (ii) the owner of that vehicle has given consent that you use the Services in relation to it (such vehicle is being referred to as “Your Car”).

6.2.   YOU UNDERTAKE:

6.2.1.       TO ONLY USE THE SERVICES IF YOUR CAR IS INSURED WITH VALID MOTOR VEHICLE INSURANCE THAT ALLOWS ANYONE WITH A VALID CANADIAN DRIVER’S LICENSE TO DRIVE THE VEHICLE; AND

6.2.2.       NOT TO DO ANYTHING TO ENDANGER OR INVALIDATE THE INSURANCE COVER IN RESPECT OF YOUR CAR.

6.3.   You may only use our Services in relation to Your Car:

6.3.1.       if Your Car is in compliance with the laws and the regulations.

6.3.2.       if Your Car has been regularly maintained and serviced according to the manufacturer’s recommendations and has all the required safety equipment.

6.3.3.       All of Your Car’s equipment is in good working order, including tires, brakes, headlights, break lights, other lights, steering, and seat belts.

6.4.   You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any Driver or any other party. You will be solely responsible for the full functionality of your vehicle. If Your Car fails to function (electrical, mechanical, or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation, and repair of any kind and neither Chaufrr nor the Driver shall be responsible in any manner whatsoever.

6.5.   In any event to the contrary we are not responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to take care and ensure that you remove any personal belongings from the car before and after each Driver Service arranged through Chaufrr.

  1.  User warranties

7.1.    By accessing or using the Platform and/or Driver Services, you represent and warrant that: (i) all Vehicle Information was correct and accurate when provided to Chaufrr and that you will ensure that all Vehicle Information is updated throughout the term of the Agreement, (ii) you have the authority to validly enter into and/or be bound by the Agreement; (iii) your use of the Services will be solely for lawful purposes that are permitted by the Agreement; (iv) your use of the Services will comply with all CANADIAN local and federal laws, rules, and regulations, and with all of Chaufrr’s policies; as amended from time to time and (v) each Vehicle is owned by an individual person (rather than a corporate entity) and the owner has authorized you to use the Vehicle for the purposes of receiving Chauffeur Services OR where the Vehicle is owned by a corporate entity, the use of the Vehicle for the purpose of receiving Chauffeur Services is not in breach of any agreement between the User, the owner and/or the relevant corporate entity.

7.2.   You further represent and acknowledge that you are over the age of 18. Chaufrr does not target any Content to children or teenagers under 18, and we do not permit any Clients under 18 to use our Service, save for School Rides. Please immediately cease from using the Platform if you are under this legal age.

  1.  Notifications

By creating an Account, you agree that the Chaufrr may send you notifications in connection with the Services. You acknowledge that disabling notifications on your mobile device will impact your use of the Services adversely.

  1. Vouchers

9.1.   You agree that Vouchers: (i) may be disabled by Chaufrr at any time for any reason without liability to Chaufrr; (ii) may only be used pursuant to the specific terms that Chaufrr establishes for any such Vouchers; (iii) are not valid for cash; (iv) may expire prior to your use. You agree not to forge, or attempt to forge Vouchers.

9.2.   In order to redeem a Voucher, you need to register it in the Platform by using the promo code before a trip starts. The Voucher with the earliest expiry date that you have registered in the Platform will be automatically redeemed when the trip finishes. The credit given will not exceed the Charge for the trip and any unused value in respect of that Voucher expires at the end of trip and consequently cannot be used for another trip.

9.3.   Chaufrr reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Vouchers by you or any other User in the event that Chaufrr determines or believes that the use or redemption of the Voucher was in error, fraudulent, illegal, or in violation of the applicable Voucher terms or the Agreement.

  1.  Content

10.1.   Chaufrr may, in Chaufrr’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available User Content. Any User Content provided by you remains your property.

10.2.   However, by providing User Content to Chaufrr, you grant Chaufrr a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Chaufrr’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

10.3.   You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Chaufrr the license to the User Content as set out in the Agreement and have taken all steps necessary to pass through to any end users any required terms; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Chaufrr’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

10.4.   You agree to not provide User Content that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy of any third party. Chaufrr may, but is not obligated to, review, monitor, or remove User Content, at Chaufrr’s sole discretion and at any time and for any reason, without notice to you.

10.5.   We are not responsible for any public display or misuse of your User Content. Users are solely responsible for the content of, and any harm resulting from, any User Content that they submit, post, upload, link to or otherwise make available while using the Services. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold Chaufrr (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.

10.6.   From time to time, the Clients may submit ratings or reviews of Driver; these ratings and reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future trip or service. Chaufrr shall be under no obligation to display such ratings or reviews and may remove them at any time at its sole discretion. Chaufrr will have no responsibility or liability of any kind for any rating or review you encounter on or through the Platform, and any use of or reliance on such rating or review is solely at your own risk.

10.7.   User Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such User Content is true, correct, or accurate.

10.8.    Except for the Content that originates from Chaufrr, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, company logos and reviews via the Platform, you however expressly grant Chaufrr and our successors a worldwide, sub-licensable, fully paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Chaufrr’s business purpose. This license does not grant Chaufrr the right to sell User Content or otherwise distribute it outside of our Platform.

10.9.   Chaufrr may from time to time provide you with convenient links to third-party platform(s) as well as other Third-Party Content. These links and/or such content are provided as a courtesy to you and Chaufrr has no control over third-party platforms or the content, promotions, materials, information, goods or services available on them. Chaufrr is not responsible for any Third-Party Content accessed through the Platform, or products or services offered at such third-party platforms, whether accessed through the Platform or otherwise. If you decide to leave the Platform and access Third-Party Content, you do so at your own risk and you should be aware that the Agreement and other Chaufrr policies will no longer apply.

10.10. For avoidance of doubt, the Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.

  1.  Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Chaufrr Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Chaufrr Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Chaufrr Services and Applications and any updates thereto. Chaufrr does not guarantee that the Chaufrr Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Chaufrr Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1.  Payment

12.1. You understand that use of the Services will result in Charges. After you have received Driver Services through your use of the Services, you are required to pay the Driver, the charges you were quoted when you sent the relevant booking request. Chaufrr may facilitate your payment of the applicable Charges on behalf of the Driver through the Platform. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Driver. Charges will be inclusive of applicable charges where required by law. Charges paid by you are final and non-refundable.

12.2. Chaufrr will quote you the Charges, without taking into account any discounts that you may be able to avail of by way of using any Voucher/Coupon, before making a booking request. The value of the Voucher/Coupon with the earliest expiry date that you have registered in the Platform before the trip starts will be automatically deducted from the Charges to calculate the amount payable (only to the extent that its value doesn’t exceed the Charge for the trip). The Charge in respect of any trip is payable when the trip commences and is due immediately at the end of a trip.

12.3. You can pay for your trip with a card that you have added to your account. The card details you are asked to submit will be provided directly to our payment provider via secure connection. You may save your card details in the App, but these are held by Chaufrr’s third-party payment providers rather than Chaufrr itself. The cardholder must retain a copy of the relevant transaction records. We accept payments online in CAD using Visa, MasterCard credit/debit cards and AMEX. After you have paid for a trip, a payment receipt may be sent to your account on the platform which is equivalent to a tax invoice.

12.4. By accepting these Terms, each Client authorizes Chaufrr to charge them automatically for any extra Charges in relation to a trip, without the need for any additional notice or consent. The Clients are responsible for providing complete and accurate billing and payment card information to Chaufrr and notifying Chaufrr of any changes to such information. Any card payments are also governed by the terms and conditions of the respective merchant service provider. Please review the respective merchant service provider’s terms and conditions and privacy policy before entering into any transaction.

  1. Gratuities

This payment structure is intended to fully compensate the Driver/Third party providers for the services or goods provided. Uber does not designate any portion of your payment as a tip or gratuity to the Driver . You understand and agree that, while you are free to provide additional payment as a gratuity to any Driver/Third Party Provider who provides you with services or goods obtained through the Chaufrr Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Chaufrr Services, you will have the opportunity to rate your experience and leave additional feedback about your Driver.

  1. Cancellations

14.1. You may elect to cancel your request for Driver Services at any time prior to (i) acceptance of the trip being confirmed through the App and (ii) request being accepted by a relevant Driver(a “Confirmation”), without incurring a charge. However, if you cancel  after the Confirmation, that will be treated as a “no-show”, which will be recorded on your profile, and a cancellation charge will be payable.

14.2. If a Driver is more than 30 minutes late, you can cancel your booking without a no-show being recorded or incurring any charges. If a Driver has to wait for more than 5 minutes after his arrival at the specified pickup location, he may cancel the booking request; in this case a no-show will be recorded on your profile and a cancellation charge will be payable. If the Driver does not cancel the booking request after 5 minutes, Chaufrr may charge a waiting charge per minute or part thereof, at the rate specified on the Platform, which shall be in addition to any applicable cancellation or no-show charge in the event of a no show or cancellation after a Driver has waited for you. We will keep track of the average time that a Driver must wait for you after he has arrived at the pickup location (or after the booking time if later).

  1.  Intellectual Property

15.1. Chaufrr retains ownership of all intellectual property rights of any kind related to the Platform and Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Services may be the trademarks of other third parties. The Agreement does not transfer from us to you any Chaufrr or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us or the relevant third party (as applicable). We reserve all rights that are not expressly granted to you under the Agreement.

15.2. Specifically, Chaufrr, Chaufrr.com, and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are trademarks of Chaufrr; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Chaufrr.

15.3. If you believe that any material located on or linked to the Platform violates your copyright, please notify us. We will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be infringing the copyright or other intellectual property rights of any person.

  1.  Email Communications

We use email and electronic means to stay in touch with you. For contractual purposes, you (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the Platform; (ii) undertake to submit a valid and active email address via the Platform and to ensure that the registered email address is updated as necessary; and (iii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iv) without prejudice to (i) and (ii) above, you undertake to comply with clause 22.1 in respect of any notification to Chaufrr.

  1.  Disclaimers

17.1.   The Chaufrr Services are provided “as is” and “as available”. Chaufrr disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Chaufrr makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free or be secure. Chaufrr does not guarantee the quality, suitability, safety, or ability of Drivers/Third Party Providers. Chaufrr does not control, manage or direct any Drivers/Third Party Providers. Drivers are not Actual Agents, Apparent Agents, Ostensible Agents, or Employees of Chaufrr. Chaufrr does not control, endorse or take responsibility for any User Content or Third Party Content available on or linked to by the services. Chaufrr makes no representation or warranty that the information we provide or that is provided through the Services is accurate, reliable, or correct; that the Services or Driver Services will meet your requirements; that the Services or Driver Services will be available at any particular time or location, that any defects or errors will be corrected; or that the Services or Driver Services are free of computer or technical viruses or other harmful components. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

  1. Liability Limitation of Liability

18.1.  You explicitly agree and confirm that Chaufrr is under no obligation to provide any coverage whatsoever for any accident where the Driver providing Driver Services is established as to be at fault or as not to be at fault. You explicitly agree and confirm to have an insurance coverage for the vehicle you are using the Driver Services for because in case of an accident where Driver is at fault or the Driver is not at fault, your insurance and you will be solely responsible to take care of the damages and injuries to you, your vehicle, your other belongings in the vehicle and any third party damages.

You explicitly acknowledge, confirm and accept that in case of any accident, Chaufrr is not responsible for the following:

You, Your vehicle and your other property present in the vehicle;

Third-Party property damage;

Pre-existing damages;

Tools of Trade & General liability covered for carried goods/products;

Liability towards any third-party bodily injury and/or death and/or third-party damage; and/or

Loss of use, depreciation, wear and tear mechanical or electrical breakdowns, failures and breakages of Your Vehicle.

18.2.   You agree to safeguard valuable items in Your Car and not to hold Third-Party Driver Companies liable for theft by any Driver provided by them.

18.3.   Chaufrr shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Chaufrr Services, even if Chaufrr has been advised of the possibility of such damages. Chaufrr shall not be liable for any damage, liability, theft, or loss arising out of: (i) your use of or reliance on the Chaufrr Services or your inability to access or use the Chaufrr Services; or (ii) any transaction or relationship between you and any Driver/Third Party Provider, even if Chaufrr has been advised of the possibility of such damages. Chaufrr shall not be liable for delay or failure in performance of the Chaufrr Services, any Driver Service, or any part thereof. You acknowledge that the Drivers providing Driver Services requested through the Chaufrr Platform (mobile applications or website) may not be professionally licensed or permitted.

18.4.  The Services may be used by you to request a Driver for Your Vehicle from Chaufrr Platform (mobile applications or website), but you agree that Chaufrr has no responsibility or liability to you and your vehicle related to any Driver Services. You agree not to hold any Driver provided by the Chaufrr, liable for any damage, loss, and injury to You, Your Car, persons, or property where the relevant authorities decided that the Driver was at fault or the Driver was not at fault.

18.5.  If an Incident/accident occurs, the User should immediately notify Chaufrr at contact@chaufrr.com, providing as much detail as possible.

  1.  Indemnity

19.1. You agree to indemnify and hold Chaufrr and its officers, directors, employees and agents harmless from and against any and all losses, claims, demands, liabilities and expenses (including reasonable attorney’s fees) arising out of or in connection with: (i) your use of the Chaufrr Services or services or goods obtained through your use of the Chaufrr Services; (ii) your breach/violation of the Agreement and Chaufrr terms; (iii) any injury, accident, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by you as a result of use of any Service or services or goods obtained through your use of the Chaufrr Services; (iv) errors, mistakes, inaccuracies, Chaufrr’s use of your user content, and/or information available on or through the Platform, or (v) your unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform, and/or (vi) failure or delay in the execution of any transactions through the Platform and/or the Services or, (vii) dispute, conflict or disagreement between Users or a User and a Driver in connection with the use of the Chaufrr Services; (viii) failure to ensure that any Driver is lawfully licensed, registered and/or conducting business (as applicable) in Canada and maintains the required government approvals to perform the Driver Services.

19.2. You release Chaufrr from any and all damages (actual and consequential) and Losses of every kind and nature, arising in connection with any dispute between you and a Driver and/or a Driver/Third Party Provider.

19.3. The Client agrees that Chaufrr and each Driver jointly and severally have the power to file and pursue lawsuits against the Client in respect of any claims, demands, actions, Losses, damages, fines, charges, liabilities, costs, and expenses which have been suffered or incurred by Chaufrr and/or a Driver, directly or indirectly, and that have been caused by the Client as a result of the Client’s use of Chaufrr Service and/or Driver Service.

19.4. The Client further agrees that, in the event a Driver/Third Party Provider obtains a court judgment in its favour in respect of a lawsuit filed against Chaufrr in relation to any Losses which have been caused by the Client, we shall be entitled to file a lawsuit against the Client and recover any amount that we had to pay to the relevant Driver/Third Party Provider as a result of the original lawsuit filed against us by the relevant Driver/Third Party Provider.

19.5. You agree that in no event will Chaufrr be liable, responsible or otherwise, to you or to third parties for any damages or Losses that may arise from (i) the failure, interruption or disruption of any service to maintain your access to the Platform or the Services, regardless of whether the service is provided by Chaufrr or a Driver/Third Party Provider (ii) the quality, accuracy, timeliness, speed, reliability, performance of any Driver Service and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Driver Service (including without limitation any breach by a Driver) or (iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, and/or (v) any failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) any dispute, conflict or disagreement between Users or Users and a Driver in connection with any Chaufrr Services, Driver Services or cancellation of any Confirmed Booking; and (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to a Client as a result of use of any Driver Service.

  1.  Termination

20.1. If you wish to terminate the Agreement, you may simply discontinue using the Platform. If you wish to delete your Account data, please contact us at contact@chaufrr.com or via the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and, following request, we will delete your full profile to the extent possible (if applicable).

20.2. We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.

20.3. All provisions of the Agreement which by their nature should survive termination will survive termination, including, without limitation, clauses 10.5, 18, 19, 20, 21, 22 and any other warranty disclaimers, indemnities and limitations of liability.

  1.  Governing Law and Dispute Resolution

21.1. This Terms and any access to or use of the Platform or the Services are exclusively governed by Canadian Laws as applied by the Courts of Canada.

21.2. Chaufrr and any User will each endeavour to amicably settle any dispute which may arise in connection with the Agreement or any Service (a “Dispute”). In the event that amicable settlement is not possible in connection with a Dispute, the Courts of Canada shall have exclusive jurisdiction to settle the same.

  1.  Other Provisions

Notice

22.1. Chaufrr may deliver any notices to you by means of electronic mail to the email address specified in connection with your Account or by each of electronic notifications through the Platform. You must deliver any notices to Chaufrr by means of electronic mail to

contact@chaufrr.com

General

22.2. You may not assign or transfer its rights and/or obligations under the Agreement in whole or in part without Chaufrr’s prior written approval. You give your approval to Chaufrr for it to assign or transfer its rights and/or obligations under the Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) any person or group of persons acquiring shares in Chaufrr or Chaufrr’s business or assets (or any part thereof); or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Chaufrr and Driver/Third Party Provider as a result of the contract between you and Chaufrr or use of the Services.

22.3. If any provision of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of the Agreement, but the legality, validity and enforceability of the other provisions in the Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of the Agreement. The Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

‍Interpretation

22.4. Headings and captions in the Agreement are for convenience only and in no way define or describe the scope or content of any provision of the Agreement.

22.5. Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders.

22.6. The words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision, clause or section.

22.7. The words “including” and “include” mean “including, but not limited to.”

Contact us

22.8. If you have any questions, comments and requests related to the Agreement or any part of the Services, please contact us at

contact@chaufrr.com

You acknowledge that you have read, understood, and accepted to be bound by these Terms.