FASTCAB TAXI HAILING SERVICE - TERMS OF USE

1. THE SERVICE

1.1 Description of Service

The FastCab taxi hailing application (the "Application") and www.fastcab.ca website (the "Website") have been created to help individuals ("Customer Users") hail a taxi and allows a taxi driver, dispatcher or company ("Driver Users") to locate a Customer User using global positioning system (GPS) technology (the Application and Website for this purpose are collectively referred to as the "Service").

1.2 Acceptance of Terms

THE APPLICATION AND WEBSITE ARE OWNED AND OPERATED BY FASTCAB CORP. (OPERATING AS FASTCAB) ("FASTCAB"), AND ACCESS AND USE OF THE SERVICE IS PROVIDED TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE. BY ACCESSING, DOWNLOADING, CHECKING THE "I ACCEPT THE TERMS OF USE" CHECKBOX OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THE SERVICE.

1.3 Important Disclaimers

FASTCAB EXPRESSLY DISCOURAGES USE OF THE SERVICE WHILE OPERATING A VEHICLE AND YOU AGREE THAT FASTCAB SHALL NOT BE LIABLE FOR LOSS RESULTING FROM USING THE SERVICE WHILE DRIVING. THE SERVICE SHOULD NOT BE USED IN ANY CIRCUMSTANCES WHERE THE FAILURE OR INACCURACY OF THE SERVICE COULD LEAD TO PERSONAL INJURY, DEATH, AND DAMAGE TO PROPERTY OR OTHER LOSS. FASTCAB SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM USE OF THE SERVICE IN THESE CIRCUMSTANCES. THE SERVICE IS A TAXI HAILING SERVICE ONLY; THE SERVICE IS NOT A TAXI DISPATCHING SERVICE, BOOKING SERVICE OR METERING SERVICE. CUSTOMER USERS AND DRIVER USERS ACKNOWLEDGE THAT THE TERMS OF SERVICE BETWEEN OR AMONG THEM DO NOT IN ANY WAY INVOLVE FASTCAB.

1.4 Legal Relationship

These Terms of Use govern the relationship between you and FastCab with respect to your use of the Service. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

For the purpose of these Terms of Use "we", "us", "our" and "FastCab" means FastCab Corp., operating as FastCab, and "you" means you, our customer or prospective customer (whether a Customer User or Driver User), the person that will be using, and be responsible for the use of, the Service.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and FastCab is intended or created by this Agreement.

1.5 License

Subject to the provisions of these Terms of Use, FastCab grants to you a nontransferable, non-exclusive, royalty-free, fully paid license (without the right to sublicense) to install and execute one copy of the Application in executable object code format only, solely on your handheld mobile device and solely for your own use of the Service in accordance with these Terms of Use.

1.6 Changes to the Service

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Service, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content, feature, data or service on, or available through, the Service or the availability of the Service; (iii) the fees or charges, if any, related to the use of the Service; and (iv) the equipment, hardware or software required to use and access the Service. Unless otherwise stated, any new features introduced from time to time to augment, modify or enhance the Service shall be subject to these Terms of Use.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, by e-mail, text message or posting the same on the Website. Your continued use of the Service after such notice will be deemed acceptance of such changes. Be sure to return to the Website periodically to ensure you are familiar with the most current version of these Terms of Use.

1.7 Age Restrictions

1.7.1 Customer Users

To use the Service without the consent of their parent(s) or legal guardian(s), Customer Users must be at least the legal age of majority in the jurisdiction where the Service is used and in any case be not less than eighteen (18) years of age. If you are a parent or legal guardian and you consent to your child's use of or registration with the Service, by providing such consent you are agreeing to be bound by these terms of use in respect of your child's use of the Service.

You may, where authorized or permitted by law, permit your child to use the Service, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all of your child's use of the Service including, without limitation, his or her FastCab Account (as defined below).

1.7.2 Driver Users

To use the Service, Driver Users must be at least the legal age of majority in the jurisdiction where the Service is used and in any case not less than eighteen (18) years of age.

1.7.3 Termination due to Age Restrictions

Your use of the Service, including your FastCab Account (as defined below), may be discontinued and these Terms of Use may be terminated without warning if we believe that you are under age or your use of the Service is not allowed due to your age.

1.8 Access to Service

In order to use the Service as designed, you must have access to a web-enabled device with global positioning system (GPS) capabilities, pay any costs or service fees associated with such access and device, and download the Application to such a supported mobile device. You understand and agree that the Service includes a required downloadable software component and may include certain communications from FastCab, such as service announcements, administrative messages and update alerts, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You agree not to access the Service, including any downloadable components, by any means other than through the user interfaces that are provided by FastCab for use in accessing the Service.

2. FASTCAB ACCOUNT

2.1 Registration

To access and use the Service, Driver Users must sign up for, open and maintain a FastCab account (the "FastCab Account") with us, which may be completed concurrently with the downloading and installation of the Application to your mobile device. Prior to completing the signup process for your FastCab Account, you will be required to indicate your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for a FastCab Account and you shall not have the right to use the Service.

Customer Users may create a FastCab Account at their option.

During the registration process we may collect your name, birth date, email address, phone number, relevant usernames and passwords, IP address, device's hardware and operating system specifications, third party service provider account details (such as the service provider, account name and username) and, where you permit your children to use the Service, their name, birth date, email address, username and password. Where a fee is payable for the Service, we may also collect your payment related information (such as your credit card number and billing address). Your information may be used by us:

· to enable you to use the Service; · to verify your eligibility to create and to maintain your FastCab Account; · to ensure that your FastCab Account, including your username, is unique; · to enable us to provide certain security and privacy safeguards; · to deal with security, debugging and technical support issues; · for billing and payment-related issues; and · to protect ourselves and others from abuse of the Service.

The information you provide to us or that we collect from you in connection with your use of the Service is governed by these Terms of Use and our Privacy Policy as posted on our Website.

2.2 Integrity of FastCab Account Information

You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. FastCab has no obligation to verify and assumes no liability in connection with the information you provide to us.

You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your FastCab Account and your ability to use the Service and if (in our sole discretion) we feel it appropriate, we may report you to the relevant authorities.

You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your FastCab Account.

2.3 Security of FastCab Account

You agree to: (i) immediately notify FastCab of any unauthorized use of your FastCab Account or any other breach of security; and (ii) ensure that you exit from your FastCab Account at the end of each session. FastCab cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3. PRIVACY

3.1 Privacy Policy Incorporated

FastCab is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use our services, including the Service. See our Privacy Policy posted on our Website for further details.

As we discuss in greater detail in our Privacy Policy, your access to and use of the Service is provided via the internet and, as a result, your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

3.2 Consent to Use of Technical Data

You agree that FastCab may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. FastCab may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

3.3 Consent to Use of GPS Data

To provide the Service, the Application tracks the location of the Customer User and/or Driver User using the global positioning system (GPS) features of such user's mobile device. We will disclose this information and your phone number (if one has been associated with your FastCab Account) to execute the Service and you expressly consent to such disclosure.

4. FEES

4.1 Fees Generally

FastCab may, from time to time, provide certain aspects of the Service on a fee basis in accordance with the rates, billing periods and procedures posted from time to time on our Website (the "Fee Schedule"). We may amend the Service and/or the amounts that we charge for the same at any time with notice by posting such changes to the Fee Schedule on our Website. The details of the collection of any applicable sales, use, excise, value-added or other taxes or governmental charges are set out in the Fee Schedule, which is incorporated by reference into these Terms of Use and you agree to abide by the policies and terms of the same.

FastCab will provide support, including any upgrades that FastCab releases for the Application, at no additional cost.

4.2 Customer Users

Currently, we provide the Service free of charge to Customer Users.

4.3 Driver Users

Driver Users must pay a fee for the Service in accordance with our rates as posted from time to time in the Fee Schedule.

4.4 Method of Payment

Credit cards as identified on our Website or in the Application's user interface are the only payment method for the Service.

The credit card that you provide as part of your FastCab Account registration may be automatically and immediately billed for each use of the Service in accordance with the Fee Schedule. You agree that FastCab may charge to your credit card all amounts due and owing for your FastCab Account in accordance with the Fee Schedule.

You agree that in the event we are unable to collect the fees owed to us for your use of the Service, we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys' fees (on a solicitor and own client basis).

4.5 Upon Termination

If FastCab terminates these Terms of Use because of your breach of its terms, you shall not be entitled to the refund of any unused portion of any fees you have already paid. You agree that FastCab may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due.

5. AVAILABILITY

While we endeavour to keep downtime to a minimum, we do not promise that the Service will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend the Service, or any part of it, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of the Service.

6. ACCEPTABLE USE

You agree that you will not:

(a) use the Service to interfere with the security of the Service, or otherwise abuse the Service or any system resources, services or networks connected to or accessible through the Service; (b) use the Service for any unlawful or objectionable purpose; (c) use the Service to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) use the Service to "stalk" or otherwise harass another; (f) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or permitting others to share logins; (g) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (h) copy, reproduce, alter, modify, or publicly display any information displayed on our Website, or create derivative works from our Website except with the prior written consent of FastCab; (i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of FastCab; (j) rent, lease, lend, sell, redistribute or sublicense the Application; or (k) otherwise use the Service in a way that violates the provisions or intentions of these Terms of Use.

7. NO REPRESENTATIONS OR WARRANTIES BY FASTCAB

You understand and agree that the Service is provided "AS IS" and FastCab expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. FastCab makes no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at your sole risk. You will be solely responsible for any damage to you and/or your user's resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.

8. LINKED WEBSITES

The Service may provide links to third party websites and services ("Third Party Services") to enable you to contact or otherwise interact with individuals employed or retained by taxi companies or engaged in providing taxi transportation or for the purposes of advertising generally. The inclusion of these links does not imply that FastCab monitors or endorses these Third Party Services. As FastCab does not control such Third Party Services, FastCab cannot guarantee or accept any responsibility or liability for the performance, content of or availability of such Third Party Services.

FastCab does not accept any responsibility for such Third Party Services. FastCab shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of, or the reliance upon, any information, content, goods or services available on or through any Third Party Services.

9. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Service or downloaded from a Third Party Service. Due to the ability to download or share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Service or a Third Party Service.

FastCab shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your mobile device, computer equipment or other property on account of your access to or use of the Service or your FastCab Account. FastCab recommends that you regularly back-up your files and other information and install appropriate anti-virus or other protective software.

10. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

The Service is owned and operated by FastCab and, from time to time, in conjunction with others pursuant to contractual arrangements. The Service (including the Website and Application and their organization and presentation) is the property of FastCab and is protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.

FastCab and/or its suppliers, as applicable, retain all intellectual property and proprietary rights in the Service (including any downloadable software code) and any derivative works therein. You specifically agree and acknowledge that FastCab, its suppliers, partners and licensors (if any), own and shall retain all right, title and interest in and to: (i) the manufacture and/or production of the Application and Website (including all copies and derivative works thereof, by whomever produced), including all intellectual property rights embodied therein; (ii) all of the service marks, trademarks, trade names or any other designations associated or displayed with the Service; and (iii) all copyrights, patent rights, trade secret rights, and other proprietary rights in the Service, and you shall have no rights with respect thereto other than the limited rights expressly set forth in this Agreement.

You will not remove, deface or obscure any of FastCab's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You hereby further agree: (i) not to create or attempt to create, by reverse engineering, disassembly, decompilation or otherwise reduce to readable form, the source code, any software associated with the Service, internal structure, software design or organization of the Service, or any part thereof, or to aid or to permit others to do so, except and only to the extent expressly permitted by applicable law; (ii) not to remove any Service identification or notices of any proprietary or copyright restrictions from any FastCab support material; (iii) not to copy the Application, modify, translate or develop any derivative works thereof or include any portion of the Service in any other software program; (iv) not to separate the Service into component parts for distribution or transfer to a third party; and (v) not license, sell, transfer, rent, lease, assign, distribute, host, outsource disclose or otherwise commercially exploit the Service or make the Service available to any third party.

Specifically, you agree to comply with all applicable laws and regulations, in particular all laws and regulations pertaining to proper protection, use and designation of trademarks in any countries in which FastCab intends to use its trademarks. FastCab's trademarks, and any goodwill resulting from your use of them, belong to FastCab. You shall use your best efforts to prevent the unauthorized manufacture, duplication, distribution or use of FastCab products and services, and will not knowingly engage in or facilitate the distribution or supply or transfer of counterfeit, pirated or illegal software. You shall take reasonable steps to protect FastCab against piracy or other infringement of any copyright or trademark, and the misappropriation or unauthorized disclosure of any FastCab trade secret or confidential information, and to protect FastCab's right, title and interest in and to FastCab products and services. You shall use your best efforts to promptly notify FastCab of any infringement of any copyright or of any trademark of FastCab, or of any misappropriation or unauthorized disclosure of any trade secret or confidential information of FastCab. The terms and conditions set forth in this section shall survive any termination or expiration of the Agreement.

You acknowledge that FastCab retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Service and/or Application (including the downloadable software components), and that FastCab's ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Service and/or Application and all accompanying printed materials. You agree to take no actions which adversely affect FastCab's intellectual property rights in the Service and any related software, including the Application.

11. YOUR MATERIALS

The information that you download or input into your FastCab Account ("User Materials") is yours. By providing such information to us, you are granting FastCab, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use such User Materials in connection with the Service, including to connect you to a Third Party Service or with a Driver User or Customer User, as the case may be, as part of your use of the Service.

By providing User Materials to us, you warrant and represent that you have sufficient rights in the User Materials to provide them to us and to transmit, reproduce, edit, translate, and reformat such User Materials as you use the Service and that such use of the User Materials does not violate any applicable laws.

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to them. FastCab shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of the Service.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, your User Materials or any communications involving your use of the Service and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.

12. RISK

12.1 Allocation of Risk

12.1.1 Driver Users

Driver Users acknowledge that FastCab does not control, screen, or make any representation or warranty regarding Customer Users or the experience that Driver Users will have with Customer Users. Your interaction with Customer Users is solely between you and the Customer User and FastCab shall have no liability for and you accept the risk of your dealings with any Customer User, including, but not limited to, the following risks:

· abusive conduct; · failure to pay for services or retain the services of the Driver User after hailing the Driver User through the Service; · damage to or loss of property; · personal injury to the Customer User, Driver User or third parties as a result of using the Driver User's taxi services, including injuries resulting from vehicle accidents; · the safe arrival of the Customer User at the requested destination, whether before or after exiting the Driver User's vehicle; · any other terms, conditions, warranties or representations associated with such interaction.

You agree that FastCab, its affiliates, officers, directors and employees will not be responsible for any loss of any kind, damage, injury or death resulting from your interaction with any Customer User.

Driver Users agree not to use the Service if (i) permits and licenses required for the operation of a taxi in the jurisdiction of the Driver User have not been obtained or are not current; or (ii) if adequate insurances for the operation of a taxi have not been obtained or are not current.

12.1.2 Customer Users

Customer Users acknowledge that FastCab does not control, screen, or make any representation or warranty regarding Driver Users or the experience that Customer Users will have with Driver Users. Your interaction with Driver Users is solely between you and the Driver User and FastCab shall have no liability for and you accept the risk of your dealings with any Driver User, including, but not limited to, the following risks:

· the condition of the Driver User's vehicle and its suitability as a taxi; · the qualifications of the Driver User and whether the Driver User has acquired, maintained and continues to maintain adequate insurances and applicable permits and licenses; · the ability of the Driver User to safely operate a vehicle; · failure of the Driver User to provide services or to respond to a hail; · damage to or loss of property; · personal injury to the Customer User, Driver User or third parties as a result of using the Driver User's taxi services, including injuries resulting from vehicle accidents; · any other terms, conditions, warranties or representations associated with such interaction.

You agree that FastCab, its affiliates, directors, officers, employees, shareholders, partners, or agents will not be responsible for any loss of any kind, damage, injury or death resulting from your interaction with any Driver User.

12.2 Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FASTCAB OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICE OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, FASTCAB'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF THE SERVICE, OR ANY PART THEREOF, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) CANADIAN DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR FASTCAB TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY FASTCAB, FASTCAB WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

12.3 Release

You hereby release FastCab, its affiliates, officers, directors, employees, agents and successors from all claims, demands, losses, damages, rights and actions of any kind including personal injuries, death and property damage, that is directly or indirectly related to or arises from your use of the Service, any interactions with or conduct of Customer Users or Driver Users, as the case may be, Third Party Services and any matter contemplated by Clause 12.2.

12.4 Indemnity

You agree to indemnify, defend and hold harmless FastCab, its affiliates, officers, directors, employees, shareholders, partners, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from your use of the Service, your use of your FastCab Account, your violation of this agreement or the infringement or violation by you of your FastCab Account or of any intellectual property or other right of any person or entity.

13. TERM & TERMINATION

FastCab may, from time to time, but is in no way obligated to, permit you to access and use the Service in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that the Service may, without notice, not be available from time to time and that FastCab shall not, in any event, be responsible to you in any way should you be unable to access the Service at any time or from time to time.

FastCab may, at its sole discretion, at any time and from time to time, without notice, suspend, amend, revise, replace, or terminate in whole or in part the Service and/or these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of the Service.

Termination of your FastCab Account may include all or any of the following: (i) removal of access to all or any part of the Service; (ii) deletion of your username and password and all related information, files and content associated with your FastCab Account (or any part thereof); and (iii) barring of further use of all or any part of the Service.

You may terminate your agreement to these Terms of Use at any point by submitting a request to FastCab (see the Website for contact methods and details).

Upon termination of your use of the Service and/or termination of these Terms of Use the license granted hereunder shall terminate and you shall immediately uninstall and destroy any copies of the Application in your possession.

14. EXPORT CONTROLS

The Service and certain Third Party Services may be subject to Canadian, American and other country's export controls. No materials may be downloaded or otherwise exported or re-exported (i) into any country to which Canada or the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The Service is currently solely directed to individuals residing in Canada. We make no representation that the Service is appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Service and any materials or other products described or offered in connection with the Service, to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities provided.

15. GENERAL

15.1 Survival of Obligations

Your obligations under these Terms of Use will survive the termination of these Terms of Use.

15.2 Contacting Us

If you need to contact us regarding the Service or these Terms of Use, please e-mail us at info@fastcab.ca.

15.3 Choice of Law

The Service is controlled, operated and administered by FastCab from within the Province of Alberta, Canada. You acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Service shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

15.4 Forum and Dispute Resolution

All parties to these Terms of Use irrevocably attorn and consent to the exclusive jurisdiction of the Alberta courts to resolve any controversy, claim or dispute arising out of or relating to these Terms of Use, the Service or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or the receipt and use of the Service, which cannot be amicably resolved.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us relating to any Claim and you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, FastCab reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

15.5 Severability

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

15.6 Entire Agreement

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

15.7 Assignment

These Terms of Use are not assignable, transferable or sub-licensable by you except with FastCab's prior written consent.

15.8 Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

15.9 Division into Subheadings, etc.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

15.10 Third Parties

As the Service enables you to connect to or otherwise interact with certain third party service providers, we believe it is important to remind you that your use of such third party services may be subject to and governed by your agreements with such third party service providers. We encourage you to regularly review and fully comply with all of your agreements with such third party service providers.