These Terms and Conditions of Service constitute a legally binding agreement (the “Agreement”) between you and Apt Rides, (collectively, “Apt Rides,” “we,” “us” or “our”) governing your use of the Apt Rides application (the “Apt Rides App”), and website.
By entering into this Agreement, and/or by using or accessing the Apt Rides App you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Apt Rides APP.
The Apt Rides App
Apt Rides provides a mobile application where persons who seek transportation to certain destinations (“passengers”) can be matched with transportation options to such destinations. Passengers can request a ride from ride hail drivers (“Drivers”). Drivers and Passengers are collectively referred to herein as “Users,” and the driving services provided by Drivers to Passengers shall be referred to herein as “Ride Hail Services.” As a User, you authorize Apt Rides to match you with Drivers or Passengers based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Passenger based on the same considerations. Any decision by a User to offer or accept Ride Hail Services is a decision made in such User’s sole discretion. Each Ride Hail Service provided by a Driver to a Passenger shall constitute a separate agreement between such persons.
In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.
Modification to the Agreement
Apt Rides reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Apt Rides reserves the right to modify any information from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Apt Rides Platform after any such changes shall constitute your consent to such changes.
The Apt Rides App may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Apt Rides App is not available to Users who have had their User 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. To use the Apt Rides App, each User shall create a User account. Each person may only create one User account, and Apt Rides reserves the right to deactivate any additional or duplicate accounts. Your participation and use of certain Apt Rides services may be subject to additional eligibility requirements as determined by Apt Rides.
By becoming a User, you represent and warrant that you are at least 18 years old.
As a Passenger, you understand that request or use of Ride Hail Services may result in charges to you (“Charges”). Charges for Ride Hail Services include Fares, tolls, municipal and provincial surcharges, congestion fees, other applicable fees and taxes, plus any tips to the Driver that you elect to provide. Apt Rides has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on our webpage or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., Apt S, Apt 6, or Apt Elite) as described on the Apt Rides App. You are responsible for reviewing the applicable prices or price quote within the Apt Rides App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
- Fares. Apt Rides will provide a fare estimate at the time of the booking request. The actual amount charged by Apt Rides consist of a base charge and incremental charges based on the duration and distance of your ride. Apt Rides has a set minimum fare of $5.00. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Fees and Other Charges.
- Base Fee. For each type of service level there is a base fee charged. The totals which can be found on the Apt Rides website at www.aptrides.com.
- High Demand Rates. At certain times, including times of high demand for Ride Hail Services, you acknowledge that Charges may increase substantially. For all rides we will use reasonable efforts to inform you of any High Demand increases in effect at the time of your request.
- Cancellation Fee. After requesting a ride you may cancel it through the Apt Rides App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our website at www.aptrides.com to learn more about Apt Rides cancellation policies, including applicable fees.
- Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” for the cost of repairs depending on the extent of the damage (as determined by Apt Rides in its sole discretion), towards vehicle repair or cleaning. Apt Rides reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Tolls. In some instances, tolls may apply to your ride.
- Other Charges. Other fees and surcharges may apply to your ride, including: airport fees, municipal and provincial fees, congestion and curbside management fees, GST and any other applicable fees. You can visit the Apt Rides website at www.aptrides.com for more information on all the charges that may apply to your ride.
- Tips. Following a ride, you may elect to tip your Driver in cash or through the Apt Rides App. You may also elect to set a custom tip amount or percentage through the Apt Rides App. Any tips given will be 100% provided to the Driver.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processor, Stripe. Apt Rides may replace its third-party payment processor without notice to you. Charges shall only be made through the Apt Rides App. Excluding tips, cash payments are strictly prohibited. Your payment of Charges to Apt Rides satisfies your payment obligation for your use of the Apt Rides App and Ride Hail Services. If you don’t recognize a transaction, then check your ride receipts and payment history.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Apt Rides App, any disruption to the Apt Rides App or Ride Hail Services, or any other reason whatsoever.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, Apt Rides may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Driver, you will receive payment for your provision of Ride Hail Services pursuant to the terms of the Apt Rides Driver Addendum, which shall form part of this Agreement between you and Apt Rides.
Apt Rides Communications
By entering into this Agreement or using the Apt Rides App, you agree to receive communications from us or communications related to the Apt Rides App at any of the phone numbers provided to Apt Rides by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from Apt Rides, and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Apt Rides App or Ride Hail Services, updates concerning new and existing features on the Apt Rides App, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Apt Rides. If you change or deactivate the phone number you provided to Apt Rides, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional calls or texts, you may reply to the text with “unsubscribe” from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Apt Rides App. You acknowledge that opting out of receiving texts may impact your use of the Apt Rides App or related services.
Promotions, Referrals, and Loyalty Programs
Apt Rides, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Apt Rides. Apt Rides reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Apt Rides determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Apt Rides reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
With respect to your use of the Apt Rides App and your participation in Ride Hail Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Apt Rides App or the servers or networks connected to the Apt Rides App;
- post Information or interact on the Apt Rides App or Rides Hail Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Apt Rides App in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Apt Rides App or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Apt Rides App;
- “frame” or “mirror” any part of the Apt Rides App, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Apt Rides App;
- rent, lease, lend, sell, redistribute, license or sublicense the Apt Rides App or access to any portion of the Apt Rides App;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Apt Rides App or its contents;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification, or any other User’s Information to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
- cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Ride Hail Services as a Driver on the Apt Rides App, you represent, warrant, and agree that:
- You possess a valid British Columbia class 1, 2 or 4 commercial driver’s license, are authorized and medically fit to operate a motor vehicle, have completed a criminal background check including vulnerable sectors and have the authority to provide transportation to Passengers in all jurisdictions in which you provide Ride Hail Services.
- You own, or have the legal right to operate, the vehicle you use when providing Ride Hail Services and such vehicle is 7 years or newer as per Apt Rides standards; such vehicle has a valid British Columbia Commercial Vehicle Inspection decal and is in good operating condition and meets the industry safety standards and all applicable statutory and provincial motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
- 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 Ride Hail Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Apt Rides community or third parties.
- You will only provide Ride Hail Services using the vehicle that has been reported to, and approved by Apt Rides, and for which a photograph has been provided to Apt Rides, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not, while providing Ride Hail Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), 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 this Agreement.
- You will not attempt to defraud Apt Rides or Passengers on the Apt Rides App or in connection with your provision of Ride Hail Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
- You will not discriminate against Passengers with disabilities and agree to review Apt Rides anti-discrimination policy available on the Apt Rides website at www.aptrides.com. You will make reasonable accommodation as required by law for those Passengers who require the use of a service animal or who travel with a wheelchair (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
- You agree to provide a criminal background check including vulnerable sectors, you authorize Apt Rides to view your 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 have a valid insurance policy (in coverage amounts consistent with all applicable legal requirements) that states that the vehicle will be used to provide Ride Hail Services.
- You will pay all applicable local, provincial, and federal taxes (e.g., GST) based on your provision of Ride Hail Services and any payments received by you.
All intellectual property rights in the Apt Rides App shall be owned by Apt Rides absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in Canada together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Apt Rides App are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Apt Rides. Apt Rides shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Apt Rides and other Apt Rides logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Apt Rides in Canada (collectively, the “Apt Rides Marks”). If you provide Ride Hail Services as a Driver, Apt Rides grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Apt Rides Marks solely on the Apt Rides stickers/decals, and any other Apt Rides-branded items provided by Apt Rides directly to you in connection with providing the Ride Hail Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without Apt Rides’ prior written permission, which it may withhold in its sole discretion. The Apt Rides logo (or any Apt Rides Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of an Apt Rides Mark in a domain name, or use of a Apt Rides Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Apt Rides Platform, but may not misidentify yourself as Apt Rides, an employee of Apt Rides, or a representative of Apt Rides.
You acknowledge that Apt Rides is the owner and licensor of the Apt Rides Marks, including all goodwill associated therewith, and that your use of the Apt Rides logo (or any Apt Rides Marks) will confer no interest in or ownership of the Apt Rides Marks in you but rather inures to the benefit of Apt Rides. You agree to use the Apt Rides logo strictly in accordance with Apt Rides’ Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Apt Rides determines to be nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Apt Rides Marks or any derivatives of the Apt Rides Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Apt Rides in writing; (2) use the Apt Rides Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Apt Rides Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Apt Rides rights as owner of the Apt Rides Marks or the legality and/or enforceability of the Apt Rides Marks, including, challenging or opposing Apt Rides ownership in the Apt Rides Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Apt Rides Marks, any derivative of the Apt Rides Marks, any combination of the Apt Rides Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Apt Rides Marks; (5) use the Apt Rides Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Apt Rides’ Marks (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Apt Rides.
Violation of any provision of this License may result in immediate termination of the License, in Apt Rides sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Apt Rides Marks (in violation of this Agreement or otherwise), you agree that upon their creation Apt Rides exclusively owns all right, title and interest in and to such materials, including any modifications to the Apt Rides Marks or derivative works based on the Apt Rides Marks or Apt Rides copyrights. You further agree to assign any interest or right you may have in such materials to Apt Rides, and to provide information and execute any documents as reasonably requested by Apt Rides to enable Apt Rides to formalize such assignment.
The following disclaimers are made on behalf of Apt Rides, our successors, and assigns, and each of our employees, and agents.
Apt Rides does not provide transportation services, and Apt Rides is not a transportation carrier. Apt Rides is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Passenger contacted through the Apt Rides App, and it is up to the Passenger to decide whether or not to accept a ride from any Driver contacted through the Apt Rides App. We cannot ensure that a Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Ride Hail Services.
The Apt Rides App is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Apt Rides App and/or the Ride Hail Services, including the ability to provide or receive Ride Hail Services at any given location or time. Apt Rides reserves the right, for example, to limit or eliminate access to the Apt Rides App for Ride Hail Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Apt Rides App or Ride Hail Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Apt Rides App will be corrected, or that the Apt Rides App is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Apt Rides App or Ride Hail Services.
We cannot guarantee that each Rider or Passenger is who he or she claims to be. Please use common sense when using the Apt Rides App and Ride Hail Services, including looking at the photos of the Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Apt Rides App by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.
Apt Rides is not responsible for the conduct, whether online or offline, of any User of the Apt Rides App or Ride Hail Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Apt Rides App and participating in Ride Hail Services, you agree to accept such risks and agree that Apt Rides is not responsible for the acts or omissions of Users on the Apt Rides App or participating in the Ride Hail Services.
You are responsible for the use of your User account and Apt Rides expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Apt Rides App (including any profile information you provide), send to other Users, or share during the Ride Hail Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Apt Rides App or through the Ride Hail Services. Please carefully select the type of information that you post on the Apt Rides App or through the Ride Hail Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users.
Opinions, advice, statements, offers, or other information or content concerning Apt Rides or made available through the Apt Rides App, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Apt Rides App or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Apt Rides App and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Apt Rides App is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Apt Rides, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Apt Rides App. Any of your Information, including geolocational data, you upload, provide, or post on the Apt Rides App may be accessible to Apt Rides and certain Users of the Apt Rides App.
Apt Rides advises you to use the Apt Rides App with a data plan with unlimited or very high data usage limits, and Apt Rides shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Apt Rides App.
Apt Rides shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labour disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
You will defend, indemnify, and hold Apt Rides including our successors and assigns, and each of our respective directors, employees, and agents, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Apt Rides App and participation in the Ride Hail Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Apt Rides App or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Ride Hail Services as a Driver; and/or (5) any other activities in connection with the Ride Hail Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL Apt Rides, INCLUDING OUR SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE directors, EMPLOYEES, or agents (COLLECTIVELY “apt rides” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE apt rides APP, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE apt rides APP, RIDE hail SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE apt rides APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, BUT YOU AGREE THAT apt rides HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT.
Term and Termination
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Apt Rides; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Apt Rides may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Ride Hail Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Apt Rides star rating or cancellation threshold (see Apt Rides driver handbook for more information); (3) Apt Rides has the good faith belief that such action is necessary to protect the safety of the Apt Rides 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 Apt Rides reasonable satisfaction prior to Apt Rides permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Apt Rides satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Apt Rides business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Apt Rides for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Apt Rides App any User Information obtained from the Apt Rides App. As a Driver, you understand that some of the Passenger Information you receive may be protected by federal and/or provincial confidentiality laws. You shall not disclose to anyone the identity of the Passenger or the location that you picked up, or dropped off the Passenger, as this could violate said laws unless required under public order. You understand that any violation of the Agreement’s confidentiality provisions may violate federal or provincial confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Apt Rides in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Apt Rides with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Apt Rides or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Apt Rides; becomes known to you, without restriction, from a source other than Apt Rides without breach of this Agreement by you and otherwise not in violation of Apt Rides’ rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Apt Rides to enable Apt Rides to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Apt Rides
As a Driver on the Apt Rides App, you acknowledge and agree that you and Apt Rides are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Apt Rides expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Apt Rides; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Apt Rides, and you undertake not to hold yourself out as an employee, agent or authorized representative of Apt Rides.
Apt Rides does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Ride Hail Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Apt Rides App. Apt Rides does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Apt Rides App. You retain the option to accept or to decline or ignore a Passenger’s request for Ride Hail Services via the Apt Rides App, or to cancel an accepted request for Ride Hail Services via the Apt Rides App, subject to Apt Rides then-current cancellation policies (see the Apt Rides driver addendum and Driver Handbook for more information). Apt Rides does not, and shall not be deemed to, require you to accept any specific request for Ride Hail Services as a condition of maintaining access to the App. With the exception of any signage required by law or permit/license rules or requirements, Apt Rides shall have no right to require you to: (a) display Apt Rides name, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Apt Rides name, logos or colors. You acknowledge and agree that you have complete discretion to provide Ride Hail Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Ride Hail Services to other companies, and that Apt Rides does not, and shall not be deemed to, restrict you from engaging in any such activity.