This website is provided by Crowd Source Technologies Inc. and means CrowdCar and its respective affiliates, related companies, unaffiliated partners and licensors. This website is available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law.Scope of Terms and Conditions
These terms and conditions govern your access to our website and use of our applications, content, feature software and services (collectively, the “Services”) available on this website. By using the Services or visiting our website, you agree to these terms and conditions (“Terms and Conditions”). In the event that you are a corporation, these terms and conditions are binding on the corporation, its officers, directors, employees and agents.Modifications
CrowdCar may revise and update these Terms and Conditions at any time, with notice to you, by posting the revised Terms and Conditions on our website. The revised version will be effective at the time we post it. If the revised Terms and Conditions includes a change that is substantial, we will provide you with at least 30 days written notice by posting notice on the Policy Updates page of our website and by notifying you by push notification that we have amended these Terms and Conditions, which will give you the right to terminate your relationship with us without cost or penalty if you do not agree with the amendments. Your continued usage of the Services after any changes to these Terms and Conditions, means that you agree to be bound by such revisions.Creating an Account
To access the Services, you must register for a CrowdCar user account. When registering your user account, you must provide accurate and complete information. User information must be kept up to date. You may not pretend to be someone else or spoof their identity in setting up your account. You will create a login and password to your account, which is unique to your account and must be kept confidential at all times. You may also create an account by using a third party social media account such as Twitter or Facebook. Each account is intended to apply to a single use. Should you choose to share your account with a family member, you will have to share your log in information with that family member, and give him or her your permission to view your account and information. You agree that you are responsible for all activities and transactions that occur through your account. Although CrowdCar will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of CrowdCar or others due to such unauthorized use. By creating an account, you agree that the Services may send you text messages as the ordinary course of providing the Services.Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Data and messaging rates and fees may apply and you are responsible for such rates and fees. Further, you are responsible for obtaining and maintaining compatible hardware or devises necessary to use the Services, including updates. CrowdCar does not make any representations that the Services will be available or function on any particular hardware or devices. Further, there may be malfunctions and delays that are inherent in the use of the internet and electronic communications.The Services
The Services are comprised of technological systems and functions that allow you to use CrowdCar’s applications or websites provided as part of the Services, to arrange for the delivery of items to be shipped by or to you on your behalf and no other purpose.Intellectual Property
Any and all intellectual property rights (“Intellectual Property”) associated with the Services are the sole property of CrowdCar, or its affiliates and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms and Conditions, CrowdCar grants you a non-transferable, non-exclusive license to use our website for your use only and to download, install and use one copy of the app on a mobile device that you own or control (the “License”). The app is licensed to you and not sold. Nothing in these Terms and Conditions gives you the right to use CrowdCar’s name, trademarks, logos, domain names, and other distinctive brand features without the prior written consent of CrowdCar.Code of Conduct
You agree to use the Services in strict compliance with all applicable laws, rules and regulations and in a fashion that does not, in the sole judgment of CrowdCar, negatively reflect on the goodwill or reputation of CrowdCar. You shall take no actions which would cause CrowdCar to be in violation of any laws, rulings or regulations applicable to CrowdCar. You agree to use the Services for lawful purposes only (for example, the items being shipped by or to you shall not be contain materials such as narcotics, firearms or hazardous materials).
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to our website and app by viewers or users, including any suggestions, comments or other feedback relating to any aspect of the Services (“User Content”) is the sole responsibility of such viewers or users. This means that the viewer or user, and not CrowdCar, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. You agree that you are responsible for your own conduct and communications while using the Services and for any consequences of that use.Arbitration
Any claim, conflict, dispute, or controversy, arising out of or relating to these Terms and Conditions or your relationship with CrowdCar (whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, and whether the claim, conflict, dispute or controversy arises during or after the term of these Terms and Conditions) that is not resolved through discussions, will be referred to and finally settled, to the exclusion of the courts by private and confidential bi9nding arbitration before a single arbitrator, who will be a person legally trained has experience in technology platforms of this kind and is independent of both parties, to be held in Calgary Alberta, in English and governed by Alberta law subject to the most current version of the Arbitration Act, RSA 2000, C A-43. Each claim will be arbitrated on an individual basis and will not be consolidated with the claim of any other party nor may an arbitrator preside over any form of a representative class action or proceeding. You agree to waive any right you may have to commence or participate in any class action against CrowdCar. There is no judge and jury in an arbitration and court review of an arbitration is limited, further questioning (formerly known as “discoveries”) is more limited than in a court. The existence and content of the arbitration proceedings, including documents and briefs submitted, correspondence and orders and awards, shall be strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless disclosure to the third party is necessary in the context of the proceedings, provided such third party agrees to be unconditionally bound to the confidentiality obligations stated herein. In the event that Crowdcar decides to pursue the protection of intellectual and property rights and confidential information, it reserves the right to obtain injunctive and other equitable relief through the courts of the Province of Alberta.Disclaimer of Warranties
Although great care has been taken to ensure that the Services will be provided properly, you expressly agree, that to the maximum extent permitted by applicable law, the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, such that your use and reliance on the Services will be at your sole risk. CrowdCar makes no warranty that the Services will be uninterrupted, available, timely, secure, error-free, accurate, reliable, complete, free from malware destructive code, free from omissions and delays, of satisfactory quality or non-infringement or that the Services will meet your requirements or expectations. You acknowledge the inherent hazards of electronic communications and are aware that there may be delays, omissions, inaccuracies in the Services.
Without limiting the generality of the foregoing, unless solely expressed in writing, you understand and agree that, to the maximum extent permitted by applicable law, CrowdCar does not make and hereby expressly disclaims all representations, warranties, terms, conditions and endorsements regarding the Services, of any kind, whether express or implied, statutory or otherwise, regarding the completeness, suitability, reliability, freedom from infection or viruses, merchantability, fitness for a particular purpose, or non-infringement nor does CrowdCar make any warranties or warranties arising from any course of dealing or usage of trade. CrowdCar does not authorize anyone to make any kind of representation or warranty on its behalf.
No use of the Services shall create any warranty not expressly stated by CrowdCar in these Terms and Conditions.Limitation of Liability
You expressly understand and agree that in no event will CrowdCar, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, licensors, or any third parties mentioned in relation to the Services, be responsible or liable to you or anyone else (jointly and severally) for any claims, loss or damage whatsoever including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits (economic loss), data or information, savings, revenue, goodwill or reputation, business interruption or other intangible losses, loss resulting from any claim made by any third party, arising from, or in any connection with the use of the Services or inability to use the Services, or these Terms and Conditions, including the performance, use of, access to, or the inability to use and access the Services, regardless of whether CrowdCar had been advise of or could have foreseen the possibility of such claim, loss or damage.
The limitations of liability and disclaimers herein will apply regardless of the form of action, whether in contract, breach of warranty, civil liability, strict liability, tort (including negligence or breach of statutory duty), or otherwise. Notwithstanding the foregoing, in no event will CrowdCar’s aggregate liability be more than the greater of, the amount paid to CrowdCar by you for the use of the Services in the three (3) months immediately preceding the event giving the rise to such claim, or $500.00.
The Services are provided to you through circumstances beyond the control of CrowdCar. Without limiting the generality of the foregoing, CrowdCar, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, licensors, or any third parties mentioned in relation to the Services, will under no circumstances be held liable or responsible for any delay, interruption or failure in the performance of the Services resulting directly or indirectly from acts of nature, causes beyond their reasonable control, including without limitation, internet failures, computer equipment failures, telecommunications failures, other equipment failures, electrical power failures, satellite failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fire, floods, storms, explosions, acts of God, war, governmental actions, and any orders of domestic or foreign courts or tribunals.
The Services may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as describe above. While CrowdCar will make every reaonsable effort to minimize such downtimes, CrowdCar cannot guarantee 100% availability of the Services. If you are dissatisfied with the Services, your sole remedy is to cancel your Services in accordance with these Terms and Conditions.
The foregoing provisions are stated to be subject to the extent permitted by applicable laws.Indemnity
You agree to indemnify, defend and hold harmless CrowdCar its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, licensors, or any third parties mentioned in relation to the Services, from and against all claims, actions, losses, and demands, including without limitation reasonable legal and accounting fees, resulting from or related to your breach of these Terms and Conditions, your access and use of the Services, your use or reliance on the Services or your violation of any law or regulation or third party rights. You will use your best efforts to cooperate with CrowdCar in defense of any claim. CrowdCar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.Third Party Application
The Service is integrated with third party applications, websites and services (“Third Party Applications”) to make available content, products and/or the Services to you. You understand and agree that CrowdCar does not endorse and is not responsible or liable in any way for loss or damage incurred by you in connection with the use or reliance on Third Party Applications and that your relationship with the third party is solely between you and the third party. CrowdCar is not liable for the behavior, features, errors, omissions or delays, or content of any Third Party Applications. You acknowledge that your relationship with such Third Party Applications may be governed by separate agreements with such third parties (you are responsible for abiding by the terms thereof) and is solely at your risk without involvement of CrowdCar.Termination
These Terms and Conditions continue to apply to our relationship until terminated by either you or CrowdCar. CrowdCar may terminate or suspend your use of the Services at any time and for no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Services. You agree that CrowdCar shall not be liable to you or any third party for any termination or suspension of the Services.Entire Agreement
Other than as explicitly agreed upon in writing between you and CrowdCar, these Terms and Conditions constitute all the terms and conditions agreed upon between you and CrowdCar and supersede any prior agreements in relation to the subject matter of these Terms and Conditions whether written or oral.Severability and Waiver
Unless otherwise stated in these Terms and Conditions, should any provision hereof be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms and Conditions, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by CrowdCar to enforce these Terms and Conditions or any provision thereof shall not waive CrowdCar’s future right to do so.Assignment
CrowdCar may assign these Terms and Conditions or any part of them and may delegate any of its obligations under these Terms and Conditions. You may not assign these Terms and Conditions, or any part of them, nor transfer or sub-license your rights or obligations under these Terms and Conditions to any third party.Choice of Law
These Terms and Conditions will be interpreted in accordance with the laws of the jurisdiction in which the Services are provided. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of actions arises, except where prohibited by applicable law.
Independent Contractor Agreement
- I understand that I am an independent contract driver. This agreement shall remain in full force and effective for a one (1) year period beginning on the date first signed and continuing thereafter on a year to year basis. Either party may terminate this agreement at any time, with or without cause.
- I understand that additions or deletions can be made at any time to this contract policy agreement by Crowd Source Technologies, Inc. and I will be provided with a new copy to review and understand in a timely manner before signing to determine if I wish to continue with the contract or decline.
- I understand that I am responsible for my own taxes with the Canada Revenue Agency and that Crowd Source Technologies, Inc. is not responsible for keeping track of my time and earnings.
- I understand that my rate of pay will be 75% of the full charge to the user.
- I understand and acknowledge that 25% of the full charge will be kept by Crowd Source Technologies as the cost of upkeep to the Crowd Car platform, marketing efforts, insurance costs, operational expenses, and profit.
- I will not be compensated for deadhead kilometers between last trip destination and new trip origin.
- I understand it is not the responsibility of Crowd Source Technologies, Inc. to reimburse me for personal expenses. I will not be compensated for personal expenses incurred during job hauls such as and not limited to; meals, cellular phone usage, motor vehicle violation tickets due to negligence plus those described but not limited to those detailed in number 15 in this agreement.
- I understand that Crowd Source Technologies, Inc. does not guarantee, nor am I obligated to haul a specific number of loads, or earn a specific amount of revenue, or work a specific number of hours, or work specific days of the week. Any revenue/pay I generate from Crowd Source Technologies, Inc. will be solely for individual job hauls I accept to complete and have completed.
- I understand that Crowd Source Technologies, Inc. does not guarantee a specific or average amount of revenue/pay. I retain full control and discretion on any hauling jobs I chose to accept. I retain full control and discretion on the number of hours I choose to work, I retain full control and discretion on the hours and days I choose to work; thus, I retain full discretion on the potential revenue/pay I may or may not generate based on the jobs I accept or do not accept to complete using the Crowd Car platform.
- I understand that Crowd Source Technologies, Inc. does not guarantee a profit. I understand that I may incur losses due to unforeseen complications with the hauling job or due to damages or penalties caused to the motor vehicle or to Crowd Source Technologies, Inc. because of my negligence or failure to adhere to Alberta regulatory requirements.
- I understand I will be provided all copies of all invoices to verify amounts of pay through electronic delivery to the email address that I used to sign up with on the Crowd Car platform.
- I agree to follow and uphold all motor vehicle regulations and to obey traffic laws while driving for Crowd Source Technologies, Inc.
- I understand that Crowd Source Technologies, Inc. has a zero-tolerance policy and does not permit anything that is deemed contraband or illegal by the laws of Canada and accept full responsibility and penalties due to my own actions regarding this policy.
- I understand that I am responsible for the maintenance required on my motor vehicle.
- I understand, acknowledge, and give Crowd Source Technologies, Inc. permission to withdraw and/or deduct monies from my net revenue/pay for the following conditions; damaged cargo due to my negligence, any charges or penalties assessed for my failure to deliver a load on time due to my negligence, liability damages to another party or parties personal property if I am found at fault in an accident or due to my negligence. I understand this is not a complete list of items that may arise that may affect deductions from my revenue/pay and that I have the right to submit a written rebuttal to Crowd Source Technologies, Inc. for consideration of reversal of deductions from revenue/pay and for items listed and not listed.
- I understand and acknowledge that revenue/pay earned can take up to 7 days to be deposited to the bank account I used at sign up to the Crowd Car platform.
- I understand that any training or procedural instructions I receive from Crowd Source Technologies, Inc. will be strictly related to the Crowd Car application and that it will not contain any regulatory requirements set forth by the province and that I am responsible for abiding by all laws and regulations.
- I understand and acknowledge that Crowd Source Technologies, Inc, will run a criminal background check on me. I understand that if I hold any convictions that it will prevent me from driving for the Crowd Car platform.
- I hereby give my consent for Crowd Source Technologies, Inc. to run a criminal background check on me.