Terms of Use

Welcome to iCommute! Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the "Services"). These Terms of Use (the "Terms") are a binding contract between you and iCommute Inc. ("iCommute," "we" and "us"). The Terms limit iCommute's liability and your remedies against iCommute. You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your using the Services in any way means that you agree to be bound by all of these Terms. These Terms include the provisions below, as well as those in the Privacy Policy.

Our Right to Update These Terms

We are constantly improving our Services, and in doing so, these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, effective upon your acceptance of the new Terms. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms, it means you agree to be bound by all such changes to the Terms and such changes will supersede any prior Terms or other agreements with you.

Getting Started with iCommute

Our service provides a platform to match individuals seeking a carpool ride ("Riders") with drivers traveling along a similar route ("Drivers"). This facilitates shared commutes to various destinations, including workplaces and post-secondary institutions. You promise to provide us with accurate, complete, and updated registration information (including, but not limited to, name, email, phone number, credit card information) about yourself. You may not input a fake or fraudulent name, or another person's name with the intent to impersonate that person. You may not transfer your account or share your account with anyone else without our prior written permission.

Your Privacy is Important

iCommute takes user privacy very seriously. By using the Services, you consent and agree to the collection, use, and disclosure of your personally identifiable information and any other information provided by you to iCommute in accordance with our Privacy Policy.

Eligibility for Using iCommute

You represent and warrant that you are an individual of at least 18 years of age and able to form a binding contract. You will only use the Services for your own personal, noncommercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of iCommute, and that you do not have any authority of any kind to bind iCommute in any respect whatsoever. If applicable laws prohibit your use of the Services, then you aren't authorized to use the Services. We can't and won't be responsible for your use of the Services in a way that breaks the law. To the extent permitted by law, iCommute reserves the right to refuse or deny access to its Services at any time to any user and within its sole discretion.

Your Responsibilities as a Member

By using the Services, you represent and agree that:

• You will not discriminate or harass anyone on any illegal basis, including but not limited to, the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

You're responsible for any activity associated with your account. As such, you also represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

• Provides misinformation or provides information with the intent to deceive iCommute with respect to usage, such as, but not limited to, providing inaccurate or false trip information, having multiple accounts, using fraudulent names or using names which you do not have the right to use;
• Infringes or violates the intellectual property rights or any other rights of anyone else (including iCommute);
• Violates any law or regulation, including any applicable export control laws;
• Jeopardizes the security of your iCommute account or anyone else's (such as allowing someone else to log in to the Services as you or sharing your password with anyone);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services;
• "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content;
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Specific Obligations for Drivers

If you use the Services as a Driver, you further represent, warrant, and agree that:

• You are at least 18 years of age.
• You possess a valid, current driver's license and are authorized to operate a motor vehicle in all jurisdictions in which you use the Services.
• You are medically fit to drive in accordance with applicable law.
• You own, or have the legal right to operate, the vehicle you use when commuting with Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and provincial department of motor vehicle requirements for a vehicle of its kind.
• You are named or scheduled on a valid insurance policy and have knowledge that it satisfies relevant provincial and local laws and covers your use of the Services, including the vehicle and locations you use when commuting with Riders.
• You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) and have knowledge that such liability insurance covers any losses related to the operation of your vehicle, your provision of rides to Riders, and your use of the Services.
• You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you use to commute with Riders, including, but not limited to personal injuries, death and property damages.
• You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.
• In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with your insurance carrier.
• You will obey all local laws, including traffic laws, related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
• You will not make any misrepresentation regarding iCommute, the Services or your status as a Driver, offer or provide transportation service for profit, as a public carrier, taxi service, livery, or Transportation Network Company ("TNC"), charge for rides or otherwise seek compensation from Riders other than the reimbursement iCommute seeks on your behalf, or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
• You will not accept cash payments or any other form of compensation directly from Riders or other passengers.
• You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
• You are an independent third party volunteering to drive others in a share the expense carpooling arrangement, and are not an employee or agent of iCommute.
• You will cooperate fully with iCommute in the event that iCommute chooses to verify any or all of these Driver requirements.

Is iCommute a Ride-hail or Rideshare or Transportation Network Company ("TNC")?

iCommute is a carpooling service, not a Ride-hail or Rideshare company, also known as a transportation network company. iCommute does not provide transportation services, and iCommute is not a transportation carrier. iCommute offers information and a method to connect drivers and riders with each other to commute to and from work during work hours, but does not:

• Permit shared commutes outside the purpose of getting to or from work (i.e. iCommute is not an on-demand service, and does not operate at all times of day or night);
• Allow users to commute with iCommute more than twice a day;
• Allow Payments from Riders to Drivers other than reimbursements to share the expense of the commute;
• Pair Riders with Drivers that are not closely tied to the Drivers original commute route, such as with neighbors and co-workers;
• Provide or intend to provide transportation services or act in any manner as a transportation carrier;
• Hire Drivers as employees or contractors and allow them to make taxable income from trips.

It is the user's decision, in his or her sole discretion and sole risk, whether to offer or accept a ride after being matched with another user through the iCommute services. iCommute has no responsibility or liability for any transportation services voluntarily provided by any Rider or Driver using iCommute.

Regarding Accounts Linked to Affiliate Partners

iCommute partners with certain enterprise organizations, governmental entities, business parks and other organizations (our "Affiliated Partners") to encourage use of the Services among their employees, contractors and other personnel. If your account is associated with iCommute through an Affiliated Partner (such as your employer), then, by using the Services, you acknowledge and agree to the following:

• Your usage is strictly voluntary and does not in any way imply that you are acting in the course and scope of your employment, nor does it establish an employer-employee or agency relationship with iCommute or its Affiliated Partners;
• For commute, time spent as a Rider or Driver is not compensable time;
• iCommute's Affiliated Partners will not play any role in determining the amount of any Reimbursements;
• For commute, any issues, concerns or disputes between Riders, Drivers, and/or the wider public are not employment disputes subject to investigation or resolution by Affiliated Partners and should be addressed between the relevant parties;
• iCommute and its Affiliated Partners are not responsible or liable for any injury, illness, death, damage, destruction of property, or other loss resulting from usage of the Services;
• You assume and accept any and all risk of injury, illness, death, damage, destruction of property, or other loss associated with the Services, including the risk of exposure to or illness from COVID-19;
• Affiliated Partners are not responsible for ensuring the quality or safety of iCommute users, or for ensuring that Drivers' vehicles are roadworthy or sufficiently insured; and
• You will not be covered by workers' compensation for any resulting injuries or damages; and
• For commute, if your account is associated with an Affiliated Partner, iCommute may provide you with backup commute credits. These credits are non-cash-benefits, meaning they're non-transferrable, cannot be redeemed for cash, and do not rollover.

Handling Disputes Between iCommute Members

ICOMMUTE DOES NOT GUARANTEE THE SUITABILITY, SAFETY, ELIGIBILITY, HEALTH OR ABILITY OF DRIVERS OR RIDERS. AS A USER OF ICOMMUTE, IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. ICOMMUTE IS NOT OBLIGATED TO PARTICIPATE IN DISPUTES BETWEEN YOU AND ANY OTHER USER OF ICOMMUTE.

If there is a dispute between iCommute users, or between users and any third party, you agree that iCommute and its Affiliated Partners are under no obligation to be responsible for or to become involved in such disputes. By using the Services, you agree to the following informed consent, waiver and release.

How Cost-Sharing is Handled

You understand and agree that use of the Services as a Rider will generally require you to pay a reimbursement of a portion of the costs incurred by a Driver as determined by iCommute ("Reimbursement"). You agree that you will remit such Reimbursement solely and directly to iCommute, not to a Driver. You further agree that you shall not give a Driver an amount in excess of the Reimbursement. After you have received services obtained through your use of the Service, iCommute will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver's limited Reimbursement agent, using the preferred payment method designated in your account. Reimbursements paid by you are final and non refundable, unless otherwise determined by iCommute.

Disclaimer of Warranties

THE SERVICES AND CONTENT ARE PROVIDED BY ICOMMUTE (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Our Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ICOMMUTE OR ITS AFFILIATED PARTNERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, OR LOSS OF INSURANCE COVERAGE.

Governing Law and Dispute Resolution

These Terms are governed by and will be construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Toronto, Ontario, in English, in accordance with the Arbitration Act, 1991 (Ontario).

Contact Information

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at legal@icommute.app.