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
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
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and FastCab is intended or created by this Agreement.
1.6 Changes to the Service
1.7 Age Restrictions
1.7.1 Customer Users
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
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
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.
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.
3.2 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.
4.1 Fees Generally
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
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
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.
12.1 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
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.
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.
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
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.
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.
15.1 Survival of Obligations
15.2 Contacting Us
15.3 Choice of Law
15.4 Forum and Dispute Resolution
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.
15.6 Entire Agreement
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.
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.