Terms and services

Last updated: May 12th, 2020

1. Introduction

These Terms of Service (the “Terms”) are a binding legal agreement between you and Commut Technologies Inc., its representatives, affiliates, officers and directors (collectively “Commut”, “we”, “us” and “our”). The Terms govern your use of the Commut platform, our mobile application and/or website (the “Commut Platform”) and/or utilizing the services through the Commut Platform (the “Services”). Commut provides a technological platform where persons (“Riders” and “Drivers”, collectively “Users”) searching to carpool for their trip to and from work or elsewhere can be matched. In using the Service and/or Commut Platform, you authorize Commut to match you with a Driver or a Rider based on factors such as your destination, your time of travel, your location, user preferences and platform efficiency. Any decision by a Rider to select a ride with a Driver, or for a Driver to accept Riders is a decision made in such User’s sole discretion. The Driver cannot take Riders on more than one one-way or round trip in a day.

2. Acceptance of Terms

You may not use the Services without first agreeing to these Terms. By accessing or using the Commut Service and/or Services, you expressly acknowledge that you understand and accept these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE COMMUT PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE COMMUT PLATFORM.

3. Update to Terms

Commut reserves the right to modify these Terms, and any such modifications will be effective immediately when we post the modified Terms on the Commut website and Commut application. Your continued use of the Services and/or Commut Platform, constitutes your consent to such changes.

4. Privacy Policy

Commut’s Privacy Policy https://www.commut.ca/privacy is incorporated herein by reference and forms an integral part of these Terms.

5. Definitions

  • “Account” means your Commut account, including the login identification and password created by you and accepted by Commut that allows you to access the Services.
  • Applicable Laws” means all applicable local, Federal, Provincial and international laws.
  • “Driver” means a Commut user that is the driver for a carpool trip.
  • “Commut Community” means Users who have a registered account with Commut to use the Services.
  •  “Commut Content” means any Content, other than User Information, transmitted, posted, displayed or used in connection with the Services.
  • “Content” means any data, text, software, music, sound, photographs, graphics, video, e-mail messages, or any other messages.
  • “Terms” means these Terms together with any legal notices applicable to the Services, all price schedules, and other supplemental documents that may supplement these Terms now or in the future.
  • User Information” means any Content you provide, publish or post to or through the Commut Platform or send to others Users (including via in-application feedback and messages).
  • Users” means collectively Drivers and Riders.
  • Rider” means the Commut users that are passengers for a carpool trip.

6. Eligibility

The Commut Platform and Services may only be used by individuals who are at least 18 years old, able to form a binding contract and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Commut Platform and Service is not available to Users who have had their Account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your Account. Each person may only create one Account and Commut reserves the right to deactivate any additional or duplicate accounts.

7. Use of Service

Commut grants you a limited, personal, non-exclusive, non-transferable license to use the Commut Platform and Services for your own personal use and not for resale or further distribution. Your right to use the Commut Platform and Services is limited by all terms and conditions set forth in these Terms.

Other than your User Content, the: (a) Services; (b) Commut Content; (c) Commut Platform and all software available on or in respect of the Services or Commut Platform is the property of Commut or its licensors, and is protected by Canadian and international copyright laws. All rights to the Services, Commut Platform, Commut Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services or Commut Platform are the property of their respective owners. 

Except as otherwise provided in these Terms, You shall not (i) make any modifications, or improvements to, or derivative works of the Commut Platform; (ii) reverse engineer, decompile or otherwise attempt to derive the source code, underlying ideas, algorithms, structure of organization of the Commut Platform; (iii) resell, sell, export, transfer, distribute, market, and/or sublicense the Commut Platform; or (iv) otherwise use the Commut Platform except as authorized pursuant to these Terms.

8. Driver Requirements and Warranties

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 medically fit to drive in accordance with Applicable Laws.
  • 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.
  • You will only use the vehicle that has been reported to Commut and are named or scheduled on a valid automobile insurance policy that permits carpooling.
  • You have a valid policy of liability insurance under your automobile insurance (in coverage amounts consistent with all applicable legal requirements) have knowledge that such liability insurance covers any anticipated 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.
  • 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 not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing a ride, drive while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Commut Community or third parties.
  • You will obey all Applicable Laws, including traffic laws related to the matters set forth herein, and will be solely responsible for any violations of such Applicable Laws.
  • You will not accept cash payments or any other form of compensation directly from Riders.
  • You are an individual, independent third party volunteering to drive others in a not-for-profit carpooling arrangement and you warrant that you do not own or lease more than one vehicle to be used to provide the carpooling services.
  • You will be responsible for reporting and paying all applicable taxes in connection with the services provided by Commut.
  • 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.
  • You will not, while providing members of the Commut Community with a ride, operate as a public or common carrier or taxi service, accept street hails, charge for rides, demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
  • You will cooperate fully with Commut in the event that Commut chooses to verify any or all of these Driver requirements.

9. Community Guidelines

Commut is a community, and we have designed rules to respect for the benefit of each and everyone consistent with our overriding community objectives:

  • Be Safe
  • Be Reliable
  • Be Awesome

(the “Community Guidelines”)

All Users are required to adhere to the Community Guidelines and any breach of the Community Guidelines could result in the suspension or termination of your Account. Members of the Commut Community must not discriminate or harass anyone on any illegal basis, including but not limited to, the basis of race, natural origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.  Users must acknowledge and agree to the Community Guidelines in the enrolment process and can be accessed through the Commut Platform.  

10. Acceptable Use and Ride Rules

  • You will not bypass the Commut Community and arrange rides outside of the Commut Platform.
  • You will not infringe or violate the intellectual property rights or any other rights of anyone else and post any content that are like “Spam”, “Chain letters” or any form that are illegal solicitations of other users.
  • You will not violate the security of any computer network like, but not limited to, password security of accounts. You won’t utilize  “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content and disrupt the normal flow of dialogue, cause a screen to “scroll’ faster than other Users are able to type.
  • You will not provide false information with the intent to create a bad experience for the User such as, but not limited to false time indication, repeat cancellation of the trip, give false information about yourself or use several accounts. 

Drivers and Riders may cancel a booked carpool without penalty provided it is done at least one (1) hour before the scheduled trip.  Any booked carpool cancelled less than one (1) hour before its scheduled time is considered a ‘Last-Minute Cancellation’.  All Users benefit are provided with one credit per month for a Last-Minute Cancellation, but thereafter will be charged $5 for each Last-Minute Cancellation.

For scheduled pickups, Drivers must wait for the Rider for at least 2 minutes before departing and a Rider waits 5 minutes before cancelling the ride. 

As a Rider, before entering the car, make sure the car brand, color and registration match what is indicated in the Commut Platform. 

Riders must abide by his or her Driver’s preferences published in their profile.   

If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Commut in its sole discretion), towards vehicle repair or cleaning. Commut reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.

11. User Information

You will retain copyright and any other rights you already hold in User Information. By sending, submitting, posting or displaying any User Information when using the Services or Commut Platform, including for Ratings and Reviews, you grant Commut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, adapt, and publish your User Information for the sole purpose of enabling Commut to provide the Services. You confirm and warrant to Commut that you have all the rights, power and authority necessary to grant the above license, including obtaining consent to use personal information from identifiable individuals, and the right to publish and display your User Content.  Our collection and use of personal information in connection with the Commut Platform and carpooling service is as provided in Commut’s Privacy Policy located at https://www.commut.ca/privacy.

You agree to provide and maintain accurate, current and complete User Information and that we and other Users may rely on your User Information as accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Commut has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Commut has the right to suspend or terminate your account and refuse any and all current of future use of the Services (or any portion thereof). 

You are solely responsible for your User Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your User Information. You represent, warrant, and agree that you will not use the Services in a manner that make available any content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful. 

12.  Unlawful Use and Monitoring

Monitoring. Commut may monitor the use of Services and Commut Platform for violations of these Terms, including the Community Guidelines.  Commut may suspend or delete your Account if we suspect a violation of these Terms, or if we think it necessary in order to protect our Services or the Commut Platform, other Users, or Commut, its affiliates, directors, officers, agents, and employees from harm.  Commut has the right (but not the obligation) to remove any User Content that violates these Terms.

Providing Information to Authorities and Third Parties. If Commut believes that You have used our Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities in the following circumstances: in response to law enforcement or other governmental agency requests;

  • as required by law, regulation, rule, subpoena, search warrant, or court order; or
  • as necessary to identify, contact, or bring legal action against someone who may be misusing the Services; to protect Commut’s rights and property.

13. Your Account

In order to use the Commut Platform, you are required to register with Commut. You can register for an Account using an email or password, or through your account with certain third-party social networking services, such as Facebook or Google. 

In consideration of your use of the Commut Platform, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf;  and (b) you agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you.  You agree to maintain and promptly update such information to keep it true, accurate, current and complete. Subject to such registration, you will receive access to your Account.

You are responsible for any activity with your Account.

Commut recommends that you choose a password to your Account that is hard to guess and you keep it secure. It is your responsibility to ensure that You do not respond to any unsolicited requests for credit card information, password or other data. You are fully responsible for all, including any fraudulent, use of the Services, which is or can be connected to your Account.

Commut reserves the right to take any action it deems necessary or reasonable to ensure the security of the Services and your Account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Commut may rely on the authority of anyone accessing your account or using your password and under no circumstances will Commut be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of Commut; (2) any compromise of the confidentiality of your Account or password; and (3) any unauthorized access to your Account or use of your password. Maintaining the security of your personally identifying information is extremely important to us. We will take reasonable steps to ensure your personally identifying information remains confidential. However, we cannot guarantee that our Services are impenetrable to all security breaches, and therefore Commut makes no warranty, guarantee, or representation that our Services will be completely protected from viruses, security threats or other vulnerabilities.

14. Rating

For safety reasons, after each trip, you will be asked to give, and you agree to provide  a rating (a “Rating”) on the ride completed about the Rider and/or Driver. This evaluation through the process of Rating must only be based on your ride experience and must not be based on personal feelings or any discrimination. Commut is a community, we all count on one another to have the best experience. If your Rating score equals or is below 3 stars, Commut has the right to suspend or terminate your Account immediately without giving a reason.

Ratings are subject to section 9 of these Terms (Community Guidelines) and you agree not to manipulate the Ratings in an unfair manner.

15. Payment, Reimbursement and Promotions

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 Commut (the “Reimbursement”). You agree that you will remit such Reimbursement solely and directly to Commut, not to a driver. Commut will facilitate payment of the applicable Reimbursement on behalf of the Driver. If you are serving as a Driver, you authorize Commut to receive funds from the Rider on your behalf for payment to you and for Commut to act as your agent with respect to collection and settlement of Reimbursements. Payment of the Reimbursement in such a manner should be considered by the Driver and the Rider the same as a Reimbursement made directly by the Rider to the Driver. They are final and non refundable unless otherwise determined by Commut. If you cancel a request to use the Services, you may still be charged for all or a portion of a Reimbursement and/or a separate cancellation fee. 

For Drivers, Commut will keep your reimbursement in your Commut account ‘Balance’ that Drivers will have the possibility to cash out as soon as this balance is above $30. The amount in the Driver ‘balance’ will be used in priority if you use the Service as a rider and the amount required to pay to the driver will be deducted directly from the ‘balance’. When you activate the cash out of your balance, money will be deposited on the bank account entered in the Commut Platform.   

Riders will have access to the total amount required to pay in their balance as well and will be charged once per month of the total amount. 

Commut has the right to freeze your Commut balance, withhold credits or others payments in the event that Commut determines or believes that you have engaged in fraudulent activity or that your account has been suspended or terminated or because of a violation of these Terms. Commut reserves the right to charge your credit card until the amount required to be paid is collected. 

Commut, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective users. Currently, Commut’s referral program provides you with incentives to refer co-workers, neighbors, and friends to become new users of the Commut platform. Those incentives will only be activated once the new user that has been referred is using the platform and is taking part in a ride (as a driver or as a rider). These credits have no monetary value and are subject to expiration. In the case of a company referral, you’ll be eligible to a credit of the value indicated in the Commut Platform once the company referred has contracted a partnership agreement with Commut and its employees, new users only, have started to use the platform by taking part in a ride (as a driver or as a rider).       

Commut will charge fees in consideration of the Services (“Service Fees”) and you agree to the terms of sale, pricing, payment and billing policies applicable to the Service Fees.  

16. Communication

By using Commut, you understand and agree that we may communicate with you by automated push notifications or other electronic means. The frequency of the message will depend on your interaction with the Service to facilitate the use of the Service as well as marketing and promotional information.     

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Commut service (such as receiving a notification to remind you about your coming trip).

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Commut Platform.

17. Termination

You may terminate your Account with Commut at any time on seven (7) days’ prior written notice to Commut (by email to communitysupport@commut.ca ). Commut may terminate (or suspend) your use of the Services at any time without notice for any reason in our discretion, including the breach of the Terms, fraud, abuse of the Services, or any violation of the Community Guidelines or Applicable Law. Commut has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms or Applicable Law. In addition, Commut may terminate this Agreement or deactivate your Account immediately in the event: (1) you no longer qualify to provide carpooling services or to drive a vehicle on public road; (2) you fall below Commut’s star rating or cancellation threshold; (3) Commut has the good faith belief that such action is necessary to protect the safety of the Commut community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Commut’s reasonable satisfaction prior to Commut permanently terminating your Account. To the extent permitted by law, we may seek to recover from you any amounts to offset your Commut Balance, or cancel any carpool credits that you may have obtained while in violation of these Terms or Applicable Law.

18. Disclaimer and Release

The Commut Platform is a technological platform that allows individuals to get matched to share rides. You agree that Commut has no responsibility or liability to you related to use of the Service provided by others Users (Riders, Drivers, third parties) both online and offline.

The following disclaimers are made on behalf of Commut, andour affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.  

  • Commut does not provide transportation services and Commut is not a transportation carrier. Commut provides a technological platform that allows the matching of independent and non-professional drivers and riders to share a ride according to the conditions of a carpooling service as defined by Applicable. We have no control over the quality or safety of the transportation that occurs as a result of the carpool Services. 
  • Commut has no responsibility or liability for any transportation service provided by Users and for the conduct, whether online or offline of any members of the Commut Community. You are solely responsible for your interactions with other Users and we are not responsible for the use of any personal information that you disclose to other Users on the Commut Platform or while sharing a ride. Please carefully select the type of information that you post on the Commut Platform or release to others while sharing a ride.
  • Commut makes no warranties regarding the Services and carpools you may participate it provided and such rides are provided by Commut “AS IS”.  You undertake such carpools at your own risk. Your interactions with other Users (whether as a Rider or Driver) are solely between you and such Users and Commut will not be responsible for any loss or damage incurred as the result of any such interactions (excluding those directly due to Commut’s acts or omissions). 

You hereby release and forever discharge Commut (and its officers, employees, agents, licensors, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, property damage, losses, liability, costs and expenses), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of the Commut Platform and/or Services and any interactions or transactions of you with, or act or omission of you in relation to another User.

19. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Commut, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Commut be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Commut assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the services content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services and/or the Commut Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services and/or Commut Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; and/or (vi) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service. In no event shall Commut, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Commut during the two months prior to the date of any claim.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Commut has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

20. Partners

Commut partners with enterprises, organizations to promote known as "Commut business partners" and encourage use of our service among their employees, contractors and others personnel. 

If your account is linked or associated to a 'Commut business partners' you agree and acknowledge that by using the service you are not in the course and scope of your employment, but acting on a voluntary and personal basis. 

Time spent as a Driver or as a Rider is not compensable time and you will not be covered by workers' compensation for any resulting injuries or damages. Commut and the Commut business partners are not liable for any injury, illness, death, damage, destruction of property, or other loss resulting from usage of the Services.

Any issues, concerns or disputes between Riders, Drivers, and/or the wider public are not employment disputes subject to investigation or resolution by Commut business partners and should be addressed between the relevant parties;

21. Jurisdiction

The Commut Platform originates in Canada. It shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with this Commut Platform or the Services will be subject to the exclusive jurisdiction of the Courts of the province of Ontario.

22. General

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority to bind Commut in any respect whatsoever.  Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.  Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused.  These Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto.  In the event that any one or more provisions contained in these Terms are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms and these Terms will be construed as if such invalid, illegal or enforceable provision had never been contained herein.

23. Contact

If you have any questions or concerns regarding our terms of service, please send us a message to contact@commut.ca