Driver Transporation Application for Mobile Device – User Agreement
Chill Delivery Services Ltd. (“Chill Delivery”) will allow you (hereinafter “you”, “your” or the “Driver”) to access the online Driver application (as hereinafter defined) on the condition that you accept the terms and conditions set forth below in this online application services agreement (the “Agreement”).
IMPORTANT – READ BEFORE ACCESSING OR USING THE DRIVER APP. BY SELECTING THE “I ACCEPT” BUTTON BELOW, OR BY ACCESSING OR USING THE DRIVER APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU SELECT “I DO NOT ACCEPT,” ACTIVATION OF THE DRIVER APP WILL NOT BE PROVIDED. DO NOT SELECT “I ACCEPT,” ACCESS OR USE THE DRIVER APP UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THIS AGREEMENT, DO NOT SELECT THE “I ACCEPT” BUTTON OR ACCESS OR USE THE DRIVER.
In this Agreement, all references to “dollars” or “$” are to Canadian dollars unless stated otherwise. The insertion of headings is solely for convenience of reference and shall not affect the interpretation of any provision. Unless the context requires otherwise, words importing a singular use shall include the plural and vice versa, and words importing the use of any gender shall include all genders. Where the word “including” is used in this Agreement, it means “including without limitation”. References to the word “Section” means the numbered sections of this Agreement.
This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement and shall continue unless terminated in accordance with the provisions set out herein (the “Term”).
4. Copyright and Trade-marks
All content included on the Site (including, without limitation, the design, text, software, graphics, trademarks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (the “Content”), is the exclusive property of Chill Delivery or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws. All such rights therein are expressly reserved by Chill Delivery. None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of Chill Delivery. Chill Delivery name and logo are trade-marks and copyrights of Chill Delivery.
5. Application Provided
The technology application is an online application that facilitates Driver access to third party rider requests for transportation arrangements with the Driver and their vehicle (the “Driver App”). You may access the Driver App for commercial use from any mobile or other device once you have downloaded the application itself. Chill Delivery does not provide any transportation services. Chill Delivery shall not be liable for the act or omission of any rider or potential rider by whom you are retained or otherwised requested by, to provide transportation, including without limitation any issue with respect to payment, presence at the meeting location or requested route choices. Note that your access to the Driver App when using your mobile or other device is subject to any terms and conditions of the agreement with your third party mobile or other device provider, including network or wifi access.
Chill Delivery shall ensure that individual rider accessing the services of each Driver shall have set up an account with appropriate method of payment information that shall automatically charge and receive payment from the rider. Upon receipt by Chill Delivery of payment from the rider, twenty percent (20%) of the amount received by the Driver shall be retained by Chill Delivery as consideration by Chill Delivery for Driver’s engagement with Chill Delivery and use of the Driver App. If a rider cancels a ride, there is a fee chargeable to the rider, and twenty percent (20%) thereof shall be also retained by Chill Delivery. Payments owing to the Driver from Chil Delivery shall be made weekly by electronic funds transfer using the banking information Driver provides when setting up your account in the the Driver App.
Following the completion of your rider transportation, you shall have the opportunity to rate your rider and in turn your rider shall have the opportunity to rate you as a Driver. An automated screen will appear in the app asking you how the ride was and to rate your rider on a sliding scale.
The Driver App may not be sublicensed and is only available to Drivers with a valid Canadian driver’s license who are at least 18 years old. You represent and warrant that you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Chill Delivery may, in its sole discretion, refuse to offer the Driver App to any person or entity and change its eligibility criteria at any time in accordance with applicable laws. This provision is void where prohibited by law and the right to access the Driver App is revoked in such jurisdictions.
8. Driver Conduct In consideration of the availability and your use of the Driver App, you agree to comply with the terms of this Agreement and all applicable laws when using the Driver App. You acknowledge that Chill Delivery may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting drivers in this regard. In addition, unless otherwise permitted as part of the Licensed Rights, you agree not to:
(a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Driver App in a manner which is contrary to law or would serve to restrict or inhibit any other driver from using or enjoying the Driver App or the Internet;
(b) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
(c) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
(d) interfere with the security of, or otherwise abuse, the Driver App, system resources, accounts, servers or networks connected to or accessible through the Driver App;
(e) use or attempt to use another’s account, password or other information without the prior written authorization of Chill Delivery, or create or use a false identity for use in connection with the Driver App;
(f) access the Driver App for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose;
(g) access the Site by means other than through the interfaces provided by Chill Delivery for use in accessing the Site;
(h) attempt to obtain unauthorized access to the Driver App or portions of the Driver App which are restricted from general access;
(i) implement or cause to be implemented, any programs or coding for data mining, indexing, scraping, surveying any portion of the Driver App or unduly burdening or hindering the functions or operations of the Driver App or any part thereof.
(j) transfer the Driver App or any right to use the Driver App to any third party, or grant any rights in or access to the Driver App in any form to any other person or entity; or
(k) exercise any rights with respect to the Driver App other than those expressly granted in this Agreement.
9. Account Security
To use the Driver App, you must create an account by downloading the App or the website link to your mobile device, tablet, laptop or computer and you must be the account holder to use the Driver App. We will retain your account information for the purpose of providing our Driver App to you.
By using the Driver App, you shall not (i) select or use as a User ID of another person with the intent to impersonate that person; (ii) use a User ID subject to any rights of a person other than you without appropriate authorization; or (iii) use a User ID that is otherwise offensive, vulgar or obscene. Chill Delivery reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Chill Delivery password. You agree to (a) notify Chill Delivery immediately if you suspect or become aware of any unauthorized use of your User ID or other breach of security, (b) notify Chill Delivery immediately if you lose your User ID, and (c) ensure that you exit from your account at the end of each session. You shall never use another driver’s account without such other driver’s express permission.
In order to access the Driver App, you will need to set up an account which will require you to submit certain personal information and payment information for the purpose of using and paying for the Driver App. You shall provide updated, accurate account information and you shall be responsible for all activity that occurs on your account, including maintaining the confidentiality of your username and password. If your account details have expired, this may result in your inability to use the Driver App or may result in the termination of the Driver App provided to you.
Once your account is set up, you may start using the Driver App. A rider may contact Driver to determine when the Driver will arrive or if there is any problem coming to rider’s pick-up location. Please note that, no rider or Drivers phone numbers are visible. We mask those numbers and instead use a VOIP telephony system (voice over IP) to facilitate the communications. We highly discourage both riders and Drivers not to disclose their personal phone numbers to each other, as this will be considered breach of our service/agreement
Upon arrival of the rider location, the trip commences and once the trip ends following the arrival at the designated delivery address, an electronic receipt is pushed to your email inbox summarizing the transaction details of distance, time, and total charge.
11. Gift Accounts and Fees
There is no charge fee to initiate a Driver account. Your vehicle will be categorized into one of the three types of vehicles: Chill Delivery regular, Chill Delivery SUV & Chill Delivery Special, each carries a different rate that may be charged to the rider. These rates are subject to change any time without notice to you and you must have a GST registration number:
Chill Delivery Regular
– Initiation fare: $2.25; plus $0.85 per trip km and $0.15 per minute on trip
Chill Delivery SUV
– Initiation fare: $3.00, plus $1.65 per trip km, $0.20 per minute on trip
Chill Delivery Special
– Initiation fare: $5.25, plus $2.00 per trip km, $0.25 per minute on trip
Chill Delivery does not make any representations or warranties with respect to tax obligations or consequences that may result from your use of this Site and the Driver App. You acknowledge that Chill Delivery is not obligated to provide you with documentation or maintain records of your transactions for tax reporting purposes.
You may terminate the Driver App at any time. In the event of a breach of this Agreement, Chill Delivery may, in its sole discretion, terminate all access to, or use of the Driver App. Upon the termination of this Agreement you shall cease using the Driver App and accessing the Site. If this Agreement is terminated by Chill Delivery for beach of the Agreement, Chill Delivery shall not be obligated to retain any Content or information from a your Driver account or User ID. Chill Delivery shall not be liable for any loss of Content or information.
CHILL DELIVERY RESERVES THE RIGHT TO REFUSE DRIVER APP TO ANY DRIVER FOR ANY REASON, SUSPEND SITE USE, REMOVE OR EDIT CONTENT, OR TERMINATE ACCOUNTS IN ITS SOLE DISCRETION.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Liability Disclaimer
THE DRIVER APP IS PROVIDED ON AN “AS IS” BASIS. CHILL DELIVERY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHILL DELIVERY MAKES NO WARRANTY THAT: (I) THE DRIVER APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE DRIVER APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DRIVER APP WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DRIVER APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE OR PERSONAL DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ARE HEREBY LIABLE FOR ALL COSTS AND EXPENSES FOR THE REASONABLE REPAIR OR CLEANING FOR DAMAGE TO THE INTERIOR OR EXTERIOR OF THE DRIVER’S VEHICLE OR ANY OTHER PROPERTY IN RELATION TO YOUR USE OF THE DRIVER APP. PAYMENT FOR REASONABLE COSTS MAY BE COMPLETED USING THE PAYMENT METHOD DESIGNATED ON YOUR ACCOUNT WHICH SHALL THEN BE TRANSFERRED TO THE THIRD PARTY DRIVER OR THE REPAIR OR CLEANING SERVICE PROVIDER.
15. Limitation of Liability
CHILL DELIVERY AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND OTHER RELATED ENTITIES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHILL DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DRIVER APP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) REFUNDS REQUESTED DUE TO THE CANCELLATION OF ANY TRANSPORTATION OR TERMINATION OF THE DRIVER APP (VI) ANY OTHER MATTER RELATING TO THE DRIVER APP. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO (I) ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY CHILL DELIVERY, ITS AFFILIATES AND BUSINESS PARTNERS; (II) ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; (III) ANY COMPUTER VIRUS; AND (IV) ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS OR DATA.
CHILL DELIVERY HAS NO LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THE THIRD PARTY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
IN ANY EVENT, CHILL DELIVERY’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE DRIVER APP FROM ANY CAUSE, INCLUDING CONTRACT LIABILITY OR CHILL DELIVERY’S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT, IN THE AGGREGATE, EXCEED THE FEES ACTUALLY RECEIVED BY CHILL DELIVERY FROM YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT LED TO SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Chill Delivery and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including legal and accounting fees arising from your access to 6 and use of the Driver App, any violation of this Agreement by you or any third party using your account or any violation of applicable law or rights properly belonging to another party by you.
17. Confidential Information
You acknowledge and agree that the Driver App was developed at considerable time and expense by Chill Delivery and is confidential to and contains trade secrets of Chill Delivery. You agree to maintain the Driver App in the strictest of confidence and not to disclose or provide access thereto to any other person.
18. Ownership of Data
All the data submitted by you to Chill Delivery (the “Data”) is owned by you. Upon written request, Chill Delivery will remove any Data owned by you from its network. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use of all Data submitted by you for use in connection with the Driver App and Chill Delivery shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. However, by using the Driver App, you grant Chill Delivery a worldwide, perpetual, irrevocable, transferrable, royalty-free license, including the right to sublicense, to use, modify, copy, create derivative works from, distribute, and reproduce in any manner such Data without the requirement for any payment or reimbursement to you or anyone else. You shall not provide Data that is offensive, obscene, hateful, threatening or violent, or otherwise unlawful including without limitation, defamatory or libelous. Chill Delivery may remove Data at its discretion for any reason with or without notice to you.
19. Intellectual Property
You do not acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyrights or other rights in any confidential information or trade-secrets in or relating to the Driver App or any part thereof. Furthermore, you do not acquire any rights in or related to the Driver App or any part thereof, other than the rights expressly licensed to you under this Agreement.
20. Privacy and Protection of Personal Information
21. Changes to Terms and Conditions
Chill Delivery reserves the right to modify, add to, delete from, alter or update this Agreement (each a “Change”) without notice at any time. Any Changes will be posted to https://www.chilll.ca and it is your responsibility to ensure that you are aware of any such Change from time to time. Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to use the Driver App after that time. Any Changes made in respect of Fees pursuant to Section 12 shall take effect upon 48 hours.
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and provided by means of a general notice on the Driver App, or by electronic mail to your email address in your User Account, delivered by person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to you at the billing address supplied to Chill Delivery by you, and to Chill Delivery at #3, 424 11 Ave N.E Calgary, AB. T2E 0Z3. In addition to the foregoing, Chill Delivery may, at its option, give you any notice under this Agreement electronically, and such electronic notice shall be deemed to have been duly given when transmitted to an address provided by you to Chill Delivery.
This Agreement shall operate to the fullest extent permissible by law. Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof.
The waiver by a party of a breach of this Agreement shall not be effective unless in writing executed by such party and shall not be construed as a waiver of any subsequent breach of the same or any other provision, nor shall any delay or omission by a party to exercise any of its rights or remedies operate as a waiver of any right or remedy.
25. Force Majeure
Neither party shall be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.
You shall not assign, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any of its rights or obligations under this Agreement without the prior written consent of Chill Delivery, in its sole discretion. Any purported assignment, sale, transfer, delegation or other disposition by a party, except as permitted herein, shall be null and void. Chill Delivery may assign this Agreement without your consent.
27. Governing Law
This Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to this Agreement and you agree not to bring any action, suit or proceeding against Chill Delivery, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.
The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement.
29. Entire Agreement
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED