Welcome On
Driver’s Service World Inc. Terms and Conditions
The following terms and conditions (“Terms of Use”) govern your access to and use of Drivers Service World Inc.’s online platform accessible at https://driversserviceworld.com/, including through the Drivers Service mobile application (the “App”) (collectively the “Platform”). These Terms of Use form an agreement between Drivers Service World Inc. (“Drivers Service”, “us” or “we”) and you. The term “you” refers to the person or entity using the Platform or receiving any Services.
1. About the Platform and Platform Services
Subject to these Terms of Use, Drivers Service offers reference check services (the “Services”) to commercial drivers (“Drivers”) and trucking and safety companies (“Companies”) in Canada via the Platform as further described herein. Use of the Platform and the Services is also governed by the Drivers Service Privacy Policy. [GR: references to Privacy Policy in these Terms should be hyperlinked]
The Platform enables Drivers to complete and submit an online application detailing, among other things, their employment history, work experience and qualifications and to upload their commercial vehicle operator’s registration (CVOR) certificate and driver abstract (collectively, the “Driver Application”) to Drivers Service. The Platform also enables Companies to request reference checks on Drivers and to access or receive reference check information in response to such requests from Drivers Service. As part of the Services, Drivers Service will (a) use reasonable efforts to contact, or attempt to contact, Drivers’ prior employers listed in their Driver Application (“References”) to verify and/or obtain information related to Drivers and their Driver Application, and (b) subject to review and verification by Drivers Service of information received from References with Drivers, upload information provided by References to the Platform for disclosure to Companies via the Platform as authorized by Drivers from time to time. [GR: review/confirm. Are the only References being contacted by Drivers Service the prior employers of Drivers? (i.e., no other third parties such as schools, health care providers, government/regulatory authorities, etc.?)]
2. Accessing the Platform and the Services;Governing Agreement
Before accessing or using the Platform (including, as applicable, downloading and using the App), you will be required to register an account on the Platform (an “Account”), either as a Driver or as a Company. You will also be required to agree and consent to these Terms of Use and the Drivers Service Privacy Policy as part of the account registration process. If you do not accept and agree to be bound by these Terms of Use, do not use the Platform.
You are responsible for all internet connectivity, software and devices necessary to connect with the Platform and for any fees, including internet connection and mobile fees, that you incur in doing so.
3. Account Information
In order to create an Account, you will be required to provide your legal full name (and, if you are creating an Account on behalf of a Company, the full legal name of such Company), a valid email address and phone number, a password created by you, and any other mandatory information requested in order to create your Account (collectively, “Login Information”).
If you register on behalf of a corporate entity, you represent, warrant and agree that by providing Login Information in such capacity, that you are authorized to enter into these Terms of Use on behalf of that entity and to bind that that entity to these Terms of Use. In addition, if you create an Account on behalf of a Company, you will be required to complete a Company profile and upload any mandatory Company information to the Platform including insurance information (collectively, “Company Profile”).
You agree that you will supply accurate, current and complete information to establish your Account and, as applicable, create your Company Profile, and that you will update that information promptly if and when it changes and/or as otherwise requested by Drivers Service.
The following rules govern the security of your Login Information:
(a) You shall not share your Account or Login Information, let anyone else access your Account or Login Information, or do anything else that might jeopardize the security of your Account. [GR: will Company Accounts be able to be used by more than one user?]
(b) In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized use or disclosure of your Login Information, you must immediately notify us and modify your Login Information.
(c) You are responsible for maintaining the confidentiality of your Login Information, and you are responsible for all uses of your Login Information and all activity that occurs through your Account and any damage or other harm resulting therefrom, whether or not authorized by you.
4. Privacy Policy
By creating or updating an Account, or accessing or using the Platform or the Services (including by submitting, uploading or transmitting any of your personal information to or through the Platform), you are consenting to the collection, use and disclosure of your personal information by Drivers Service for the purposes of providing the Services and as set out in these Terms of Use and our Privacy Policy.
Please review our Privacy Policy, which contains important information about our practices in collecting, using, disclosing, retaining and protecting your personal information, and which is hereby incorporated into and forms part of these Terms of Use. Our Privacy Policy explains how we collect, use and disclose your personal information, including how Drivers can use the Platform and the Services to share their information with Companies. [GR: review/discuss with Drivers Service]
5. Updates to Terms of Use and Privacy Policy
Drivers Service reserves the right, in our sole discretion, to update these Terms of Use and our Privacy Policy at any time. If we make material changes to these Terms of Use or our Privacy Policy, we will notify you and the new versions will be available on the Platform. You should regularly check the Platform and the Terms of Use and Privacy Policy pages for updates.
If at any point you do not agree to any part of our Terms of Use or Privacy Policy, your right and licence to access and use the Platform and the Services shall immediately terminate, and you must immediately stop using the Platform and the Services and provide written notice to Drivers Service that you are terminating your Account and these Terms of Use. Your continued use of the Platform or the Services following any change to these Terms of Use or our Privacy Policy shall be deemed to be your acceptance of the updated Terms of Use or Privacy Policy, as applicable.
6. Changes to the Platform and the Services
Drivers Service may, at any time and from time to time, in our sole discretion, with or without prior notice to you (a) change, expand, update or improve the Platform, the Services, or any part thereof, and/or (b) suspend or cease to continue operating the Platform or offering the Services, in whole or in part. These Terms of Use will apply to all changes, updates or improvements to the Platform and the Services, unless accompanied by separate or updated terms of use.
Without limiting the foregoing, Drivers Service reserves the right at any time, in our sole discretion, to introduce or charge fees for the Services, and to revise such fees from time to time, as notified to you. Any new or revised fees will take effect on the date indicated in such notice and will be subject to any applicable taxes. If you choose to terminate your Account and these Terms of Use after notification of any new or revised fees, you must do so before the effective date of such fees, failing which any such charges arising on or after such date will be applied to your Account, if applicable. [GR: Will Platform and Services be available initially at no charge? Does Drivers Service wish to specify an initial trial period, billing and payment terms, etc.?]
7. Grant of Limited Right and License to Use the Platform
Subject to your agreement and continuing compliance with these Terms of Use, Drivers Service grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to access and use the Platform and the Services solely for your own personal or internal purposes, in accordance with these Terms of Use and in compliance with applicable law. The Platform is made available for use in Canada only by Drivers searching for personal employment or job opportunities, and by Companies seeking information related to hiring or engaging Drivers. You agree not to use the Platform or the Services for any other purpose. You agree that you will at all times use the Platform and the Services in accordance with these Terms of Use and in compliance with all applicable laws.
8. Driver Information [GR: review with Drivers Service]
If you register and create an Account as a Driver:
(a) “Driver Information” means any and all information and materials that you, as a Driver, upload, submit or transmit to Drivers Service on or through the Platform including in your Driver Application, and any information and materials relating to you that Drivers Service collects, receives or obtains from your References, in connection with the Services.
(b) By completing and submitting a Driver Application to the Platform, you (i) authorize Drivers Service to contact the References listed therein and to make such investigations and inquiries of your employment or engagement with such References including your safety performance history, accident register, and the length, nature and reason for termination of such employment or engagement, and (ii) consent to the collection, use, storage, retention and disclosure of such of your Driver Information as is necessary for the purpose of Drivers Service providing the Services in accordance with these Terms of Use, our Privacy Policy and your user permissions. [GR: express consent to be included on Platform; detail in Privacy Policy]
(c) You represent, warrant and agree that all Driver Information that you upload, submit or transmit to Drivers Service on or through the Platform is accurate, current and complete, and that you have all necessary right and authority to do so for the purpose described above.
8. Company Information [GR: review with Drivers Service]
If you create an Account as a Company:
(a) “Company Information” means any and all information and materials that you, as a Company, upload, submit or transmit to Drivers Service on or through the Platform including in connection with your Company Profile, and any information and materials relating to you that Drivers Service collects, receives or obtains from third parties, in connection with the Services.
(b) By creating an Account and submitting your Company Information on or through the Platform, you (i) authorize Drivers Service, in its sole discretion, to contact any third parties as necessary to verify your Company Information or any part thereof, and (ii) acknowledge and agree that Drivers Service may collect, use, store, retain and disclose such of your Company Information as is necessary for the purpose of providing the Services in accordance with these Terms of Use and our Privacy Policy. [GR: We understand that Company Information (including Company Profile) will be used by Drivers Service but will not be displayed or disclosed to other users including Drivers. If that is not the case, please advise (in order that we consider any necessary licence).]
(c) You represent, warrant and agree that all Company Information that you upload, submit or transmit to Drivers Service on or through the Platform is accurate, current and complete, and that you have all necessary right and authority to do so for the purpose described above.
9. User Content
“User Content” means any and all information and materials that you upload, submit or transmit to Driver’s Service World Inc. on or through the Platform, and any information and materials pertaining to you that Driver’s Service World Inc. collects, retrieves or obtains from third parties with your permission or on your behalf, in connection with the Services. [GR: review/confirm what information will be provided by Drivers and Companies and collected from third parties.]
You represent, warrant and agree that all User Content that you upload, submit or transmit to Driver’s Service World Inc. on or through the Platform is accurate, current and complete, and that you have all necessary right and authority to upload, submit or transmit such User Content on or through the Platform and to grant the license granted in this section by you to Driver’s Service World Inc..
Subject to these Terms of Use, our Privacy Policy and your user permissions, you grant Driver’s Service World Inc. a non-exclusive, irrevocable, royalty-free, fully paid-up, worldwide, transferrable and fully sub-licensable right and license to access, collect, store, use, reformat, reproduce, display, transmit and distribute to other users, on or through the Platform, any User Content (a) that you upload, transmit to or enter into the Platform and (b) that Driver’s Service World Inc. collects, retrieves or obtains from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations and derivative works thereof, for the purposes of providing the Services to you and other users. [GR: review/describe how user permissions/authorizations will allow users (in particular, Drivers) to control which other users (e.g., which Companies) will have access to their information.]
10. Restrictions on Use
Without limiting any other provision of these Terms of Use, you agree that you shall not, and shall not permit anyone else to:
(a) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform or any information, material or content contained on or provided through the Platform (the “Content”), or ‘frame’, ‘mirror’ or otherwise display or incorporate the Platform or the Content or any part thereof on any website, without our prior written permission or the permission of the particular Content owner, as the case may be;
(b) use any data mining, robot, spider, scraper or similar data gathering or extraction methods with respect to the Platform or any Content;
(c) bypass, disable or circumvent any security, authentication or other measures employed to prevent or limit access to or otherwise protect the Platform or any Content, or attempt to gain unauthorized access to the Platform or any Content;
(d) create an Account using a false identity or information, or on behalf of someone other than yourself (except if you are duly authorized to do so on behalf of a Company that is a corporate entity), or use or attempt to use another user’s Account;
(e) use the Platform or the Services for any purpose or in any way, other than as expressly permitted by Drivers Service;
(f) make the Platform or any Content available to any third party, or permit any third party to access same, including as part of any service for time-sharing or multi-person use, or use the Platform or any Content for the purpose or benefit of a third party, except as specifically permitted by Drivers Service and only in the manner specified and enabled by Drivers Service;
(g) interfere with or disrupt the Platform, Services or any Content (including the servers, networks or technology connected to the Platform) or attempt to do so;
(h) access or use the Platform, Services or any Content in order to build a competitive product or service, or to copy any of the features, functions or graphics of the Platform;
(i) modify, translate or create derivative works based on the Platform or the Content, in whole or in part, or, except to the extent required to be permitted by applicable law, reverse engineer, decompile or disassemble any part of the Platform;
(j) remove any legal or proprietary notices included on or in the Platform or the Content;
(k) use the Platform, Services or any Content in violation of any applicable law or to engage in or encourage any illegal conduct;
(l) use the Platform to upload, transmit, share or otherwise make available any information, material or content that:
(i) violates any law, contractual restrictions or the rights (including the intellectual property rights) of any third party;
(ii) contains personal information of any third party, unless that third party has consented to such use of its personal information;
(iii) is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(iv) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(v) consists of any unsolicited advertising, promotional materials or other form of solicitation.
You agree to notify Drivers Service promptly of any unauthorized use of the Platform or any Content of which you become aware. The foregoing shall not restrict your rights with respect to your own information separate and apart from the Platform.
11. Ownership
The Platform and its entire contents, features, and functionality, including all information, software, code, data, text, displays, graphics, logos, images, video, audio, design, presentation, layout, selection, and arrangement, are owned by Drivers Service, our licensors, or other providers of such information and materials, and are protected in all forms by copyright, trademark and other intellectual property laws. Drivers Service (and its licensors, as applicable) expressly reserve all rights in the Platform, including the App and the Content, and any and all updates, modifications or enhancements thereto, that are not specifically granted to you.
12. Feedback
Notwithstanding any other provision hereof, you acknowledge and agree that any questions, comments, complaints, suggestions, ideas or other feedback about the Platform or the Services (collectively, “Feedback”) provided by you to Drivers Service are non-confidential and non-proprietary to you, and that Drivers Service shall be entitled to the unrestricted right (but not the obligation), at any time and from time to time, to use, sell, license, sub-license, reproduce, edit, translate, distribute, publish, perform, display, create derivative works from and otherwise exploit such Feedback, in any media and for any purpose, without notice, attribution or compensation to you.
13. Suspension and Termination; Cancellation of Account
Drivers Service may suspend or terminate your Account and your right and license to access and use the Platform and the Services, at any time and for any reason, in our sole discretion, with or without notice, and without liability to you, including (a) if we believe that you are in breach of these Terms of Use; (b) if we deem it necessary to prevent or address threats to the privacy, security or integrity of any data, or to protect our rights or property or the rights, property or safety of others; or (c) to comply with any law or court order.
You may request, upon written notice to Drivers Service (including by email or through any then-available interfaces on the Platform), cancellation of your Account, in which case you must cease all use of the Platform and the Services and remove the App from your mobile device.
14. Disclaimerof Warranties
YOUR USE OF THE PLATFORM, THE SERVICES AND ANY CONTENT ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE SERVICES AND CONTENT ARE PROVIDED BY DRIVERS SERVICE ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVERS SERVICE DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, THE SERVICES AND CONTENT, INCLUDING ALL WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, DRIVERS SERVICE DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE PLATFORM, THE SERVICES OR CONTENT WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, FREE OF ERRORS OR OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED; NOR DOES DRIVERS SERVICE MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR SUITABILITY OF ANY CONTENT PROVIDED ON OR MADE AVAILABLE THROUGH THE PLATFORM OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitations and Waivers of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRIVERS SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, ACCESS TO, RELIANCE ON, OR ANY DELAY OF OR INABILITY TO USE, THE PLATFORM, THE SERVICES OR ANY CONTENT, OR OTHERWISE ARISING IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. [GR: The exclusion of liability for direct damages assumes that Drivers Service is not charging any fees for use of the Platform or the Services. If or when Drivers Service will charge for use of the Platform or Services, typically would limit the liability of Drivers Service for any direct damages to a fixed amount or the aggregate amount of the fees paid to Drivers Service in a specific period prior to a claim being asserted. If there will be an initial trial period, following which fees will apply, this section should be amended accordingly.]
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DRIVERS SERVICE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DRIVERS SERVICE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM OR PROVIDERS OF CONTENT INCLUDING REFERENCES.
YOU FURTHER ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEM. WITHOUT LIMITING THE FOREGOING, DRIVERS SERVICE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR DATA AS A RESULT OF YOUR USE OF OR ACCESS TO THE PLATFORM, THE SERVICES, ANY CONTENT, OR ANY WEBSITE LINKED FROM THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
16. Indemnification
You shall defend, indemnify and hold harmless Drivers Service, its directors, officers, employees and agents from and against any claims, causes of action, demands, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal fees and disbursements, arising from or in connection with (a) your use of the Platform, the Services or any Content in violation of these Terms of Use, (b) any information or materials you provide to us, or (c) your violation of these Terms of Use.
17. Notices
Drivers Service may provide notices to you with respect to the Platform, the Services, your Account, these Terms of Use or our Privacy Policy, including notices of updates or modifications thereto or other service announcements, via postings on the Platform or via e-mail or any other communications means sent to the contact information you provide to us when creating or updating your Account. All notices given by you or required from you under these Terms of Use or our Privacy Policy shall be in writing and addressed to Drivers Service at: 648 Thompson Rd S., Milton, Ontario L9T 0C7, Canada, info@driversserviceworld.com or to such other address as Drivers Service may notify you in writing.
18. Entire Agreement
These Terms of Use, our Privacy Policy and any other Drivers Service policies or rules included on the Platform and agreed to by you contain the entire understanding of you and Drivers Service with respect to the Platform and the Services, and supersede any and all prior understandings of the parties hereto relating to this subject matter, whether electronic, oral or written. Any headings or titles in these Terms of Use are for convenience only. The term “including” means “including, without limitation”.
19. Severability
If any portion of these Terms of Use is found illegal or unenforceable in any jurisdiction, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Use, which shall continue to be in full force and effect.
20. Law and Forum for Legal Disputes
Any dispute arising out of or related to these Terms of Use, the Platform or the Services shall be governed in all respects by the laws of Ontario, Canada, without regard to conflict of law provisions. You agree that any such claim or dispute you may have against Drivers Service shall be resolved exclusively by a court located in Toronto, Ontario, Canada, except as otherwise agreed by the parties, and you agree to submit to the jurisdiction of such courts for the purpose of litigating all such claims or disputes.
21. Assignment
Drivers Service may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Use without our prior written consent and any unauthorized assignment by you is ineffective. Subject to the foregoing, these Terms of Use will inure to the benefit of the parties, their successors and permitted assigns.
22. No Waiver
The failure of Drivers Service to require or enforce strict performance by you of any provision of these Terms of Use or failure to exercise any right hereunder shall not be construed as a waiver of our right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Drivers Service of any provision of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision. No waiver or consent by Drivers Service shall be deemed a modification of these Terms of Use nor legally binding, unless in writing and signed by Drivers Service.
23. Force Majeure
Drivers Service shall not be liable for any delay or failure to perform resulting from causes or circumstances outside the reasonable control of Drivers Service, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, denial of service attacks, power failures, Internet service provider failure or delay, or shortages or unavailability of telecommunications, labour or materials.
24. Links to Third Party Websites
The Platform may provide links to third party websites. These links are provided for your convenience only and Drivers Service does not control or endorse the information contained on such websites and is not responsible for, nor do we otherwise warrant or guarantee, the quality, accuracy, reliability, completeness, currency, timeliness or legality of any such information. You should read the terms and conditions of use and privacy policies of any third party website you may link to from the Platform. If you decide to access any such third party site, you do so at your own risk.
Driver’s Service World Inc. Terms and Conditions
The following terms and conditions (“Terms of Use”) govern your access to and use of Driver’s Service World Inc.’s online platform accessible at https://●, including through the Driver’s Service World Inc. mobile applications (the “App”) (collectively the “Platform”). These Terms of Use form an agreement between Driver’s Service World Inc.(“Driver’s Service World Inc.”, “us” or “we”) and you. The term “you” refers to the person or entity using the Platform or receiving any Services.
1. About the Platform and Platform Services
Subject to these Terms of Use, Driver’s Service World Inc. offers reference check services (the “Services”) to commercial drivers(“Drivers”) and trucking and safety companies (“Companies”) via the Platform as further described herein.Use of the Platform and the Services is also governed by the Driver’s Service World Inc.’s Privacy Policy. [GR: references to Privacy Policy in these Terms should be hyperlinked]
The Platform enables Drivers to submit an online application detailing their work experience and referencesand to upload their commercial vehicle operator’s registration (CVOR) certificate and driver abstract (collectively, the “Driver Application”) to Driver’s Service World Inc.. As part of the Services, Driver’s Service World Inc. will contact, or attempt to contact,references listed in the Driver Application to verify and/or obtain reference information, and will upload information provided by such third parties to the Platform for disclosure to Companies via the Platform as authorized by the Driver from time to time.[GR: review/clarify with Driver’s Service World Inc..Online access to the demo site would be helpful.]
2. Accessing the Platform and the Services;Governing Agreement
Before accessing or using the Platform, including downloading and using the App, you will be required to register an account on the Platform (an “Account”), either as a Driver or as a Company. You will also be required to agree and consent to these Terms of Use and the Driver’s Service World Inc. Privacy Policyas part of the account registration process. If you do not accept and agree to be bound by these Terms of Use, do not use the Platform.
You are responsible for all internet connectivity,software and devices necessary to connect with the Platform and for any fees, including internet connection and mobile fees, that you incur in doing so.
3. Account Information
You agree that you will supply accurate, current and complete information to establish your Account and that you will update that information promptly after it changes.In order to create anAccount, you will be required to provide your legal full name, a valid email address and phone number, a password created by you, and any other mandatory information requested in order to create your Account (collectively, “Login Information”). If you register on behalf of a corporate entity, you represent, warrant and agree that by providing Login Information in such capacity, that you are authorized to enter into these Terms of Use on behalf of that entity and to bind that that entity to these Terms of Use.
The following rules govern the security of your Login Information:
(a) You shall not share your Account or Login Information, let anyone else access your Account or Login Information, or do anything else that might jeopardize the security of your Account.[GR: will Company Accounts be able to be used by more than one user?]
(b) In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized use or disclosure of your Login Information, you must immediately notify us and modify your Login Information.
(c) You are responsible for maintaining the confidentiality of your Login Information, and you are responsible for all uses of your Login Information and all activity that occurs through your Account and any damage or other harm resulting therefrom, whether or not authorized by you.
4. Privacy Policy
By creating or updating an Account, or accessing or using the Platform or the Services (including by submitting,uploading or transmitting any of your personal information to or through the Platform), you are consenting to the collection, use and disclosure of your personal information by Driver’s Service World Inc. for the purposes of providing the Services and as set out in these Terms of Use and our Privacy Policy.
Please review our Privacy Policy, which contains important information about our practices in collecting, using,disclosing, retaining and protecting your personal information, and which is hereby incorporated into and forms part of these Terms of Use. Our Privacy Policy explains how we collect, use and disclose your personal information,including how Drivers can use the Platform and the Services to share their information with Companies.[GR: review/discuss with Driver’s Service World Inc.]
5. Updates to Terms of Use and Privacy Policy
Driver’s Service World Inc. reserves the right, in our sole discretion, to update these Terms of Use and our Privacy Policyat any time. If we make material changes to these Terms of Use or our Privacy Policy, we will notify you and the new versions will be available on the Platform. You should regularly check the Platform and the Terms of Use and Privacy Policy pages for updates.
If at any point you do not agree to any part of our Terms of Use or Privacy Policy, your right and license to access and use the Platform andthe Services shall immediately terminate, and you must immediately stop using the Platform and the Services and provide written notice to Driver’s Service World Inc. that you are terminating your Account and these Terms of Use. Your continued use of the Platform or the Services following any change to these Terms of Use or our Privacy Policy shall be deemed to be your acceptance of the updated Terms of Use orPrivacy Policy, as applicable.
6. Changes to the Platform and the Services
Driver’s Service World Inc. may, at any time and from time to time, in our sole discretion, with or without prior notice to you (a) change, expand, update or improve the Platform,the Services, or any part thereof, and/or (b) suspend or cease to continue operating the Platform or offering the Services, in whole or in part. These Terms of Use will apply to all changes, updates or improvements to the Platform and the Services, unless accompanied by separate or updated terms of use.
Without limiting the foregoing, Driver’s Service World Inc. reserves the right at any time, in our sole discretion, to introduce or charge fees for the Services, and to revise such fees from time to time, as notified to you. Any new or revised fees will take effect on the date indicated in such notice and will be subject to any applicable taxes. If you choose to terminate your Account and these Terms of Use after notification of any new or revised fees, you must do so before theeffective date of such fees, failing which any such charges arising on or after such date will be applied to your Account, if applicable. [GR: Will Platform and Services be available initially at no charge?Specify initial trial period, billing and payment terms, etc.?]
7. Grant of Limited Right and License to Use the Platform
Subject to your agreement and continuing compliance with these Terms of Use, Driver’s Service World Inc. grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to access and use the Platform andthe Servicessolely for your own personal or internal purposes, in accordance with these Terms of Use and in compliance with applicable law. The Platform is made available for use only by Drivers searching for personal employment or job opportunities, and by Companies seeking information related to hiring or engagingDrivers. You agree not to use the Platform or the Services for any other purpose.You agree that you will at all times use the Platform and the Services in accordance with these Terms of Use and in compliance with applicable law.
8. User Content
“User Content” means any and all information and materials that you upload, submit or transmit to Driver’s Service World Inc. on or through the Platform, and any information and materials pertaining to you that Driver’s Service World Inc. collects, retrieves or obtains from third parties with your permission or on your behalf, in connection with the Services. [GR: review/confirm what information will be provided by Drivers and Companies and collected from third parties.]
You represent, warrant and agree that all User Content that you upload, submit or transmit to Driver’s Service World Inc. on or through the Platform is accurate, current and complete, and that you have all necessary right and authority to upload, submit or transmit such User Content on or through the Platform and to grant the license granted in this section by you to Driver’s Service World Inc..
Subject to these Terms of Use, our Privacy Policy and your user permissions, you grant Driver’s Service World Inc. a non-exclusive, irrevocable, royalty-free, fully paid-up, worldwide, transferrable and fully sub-licensable right and license to access, collect, store, use, reformat, reproduce, display, transmit and distribute to other users, on or through the Platform, any User Content (a) that you upload, transmit to or enter into the Platform and (b) that Driver’s Service World Inc. collects, retrieves or obtains from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations and derivative works thereof, for the purposes of providing the Services to you and other users. [GR: review/describe how user permissions/authorizations will allow users (in particular, Drivers) to control which other users (e.g., which Companies) will have access to their information.]
9. Restrictions on Use
Without limiting any other provision of these Terms of Use, you agree that you shall not, and shall not permit anyone else to:
(a) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform or any information, material or content contained or provided through the Platform (the “Content”), or ‘frame’, ‘mirror’ or otherwise display or incorporate the Platform or the Content or any part thereof on any website, without our prior written permission or the permission of the particular Content owner, as the case may be;
(b) use any data mining, robot, spider, scraper or similar data gathering or extraction methods with respect to the Platform or any Content;
(c) bypass,disable or circumventmeasures employed to prevent or limit access to or otherwise protect the Platformor any Content, or attempt to gain unauthorized access to the Platform or any Content;
(d) create an Account using a false identity or information, or on behalf of someone other than yourself (except if you are duly authorized to do so on behalf of a Company that is a corporate entity), or use or attempt to use another user’s Account;
(e) use the Platform or the Services for any purpose or in any way, other than as expressly permitted herein;
(f) make the Platformor any Content available to any third party, or permit any third party to access same,including as part of any service for time-sharing or multi-person use, or use the Platform or any Content for the purpose or benefit of a third party, except as specifically permitted by Driver’s Service World Inc. and only in the manner specified and enabled by Driver’s Service World Inc.;
(g) interfere with or disrupt the Platform, Services or any Content (including the servers, networks or technology connected to the Platform);
(h) access or use the Platform, Servicesor any Content in order to build a competitive product or service, or to copy any of the features, functions or graphics of the Platform;
(i) modify, translate or create derivative works based on the Platform or the Content, in whole or in part, or, except to the extent required to be permitted by applicable law, reverse engineer, decompile or disassemble any part of the Platform;
(j) remove any legal or proprietary notices included on or in the Platform or the Content;
(k) use the Platform, Services or any Content in violation of any applicable law or to engage in or encourage any illegal conduct;
(l) use the Platform to upload, transmit, share or otherwise make available any User Content that:
(i) violates any law, contractual restrictions or the rights (including the intellectual property rights) of any third party;
(ii) contains personal information of any third party, unless that third party has consented to such use of its personal information;
(iii) is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(v) consists of any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.[GR: will the Platform have messaging capability from one user to other users (for e.g., that could be used to advertise, solicit, or transmit commercial advertisements or promotional messages)?]
You agree to notify Driver’s Service World Inc. promptly of any unauthorized use of the Platform or any Content of which you become aware. [The foregoing shall not restrict your rights with respect to your own User Content separate and apart from the Platform.]
10. Ownership
The Platform and its entire contents, features, and functionality, including all information, software, code, data, text, displays, graphics, logos, images, video, audio, design, presentation, layout, selection, and arrangement, are owned by Driver’s Service World Inc., our licensors, or other providers of such material and are protected in all forms by copyright, trademark and other intellectual property laws.Driver’s Service World Inc. (and its licensors, as applicable) expressly reserve all rights in the Platform, including the App and the Content, and any and all updates, modifications or enhancements thereto, that are not specifically granted to you.
11. Feedback
Notwithstanding any other provision hereof, you acknowledge and agree that any questions, comments, complaints, suggestions, ideas orother feedback about the Platform or the Services (collectively, “Feedback”) provided by you to Driver’s Service World Inc. are non-confidential and non-proprietary to you, and that Driver’s Service World Inc. shall be entitled to the unrestricted right (but not the obligation), at any time and from time to time, to use, sell, license, sub-license, reproduce, edit, translate, distribute, publish, perform, display,create derivative works from and otherwise exploit such Feedback, in any media and for any purpose, without notice, attribution or compensation to you.
12. Suspension and Termination; Cancellation of Account
Driver’s Service World Inc. may suspendor terminate your Account and your right and license to access and use the Platform and the Services, at any time and for any reason, in our sole discretion, with or without notice, and without liability to you, including (a) if we believe that you are in breach of these Terms of Use; (b) if we deem it necessary to prevent or address threats to the privacy, security or integrity of any data, or to protect our rights or property or the rights, property or safety of others; or (c) to comply with any law or court order.
You may request, upon written notice to Driver’s Service World Inc. (including by email or through any then-available interfaces on the Platform),cancellation of your Account, in which case you must ceaseall use of the Platform and the Services and remove the App from your mobile device.
13. Disclaimerof Warranties
YOUR USE OF THE PLATFORM, THE SERVICES AND ANY CONTENT ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE SERVICES AND CONTENT ARE PROVIDED BY DRIVER’S Service World Inc. ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVER’S Service World Inc. DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, SERVICES AND CONTENT, INCLUDING ALL WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, DRIVER’S Service World Inc. DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE PLATFORM, THE SERVICES OR CONTENT WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, FREE OF ERRORS OR OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED; NOR DOES DRIVER’S Service World Inc. MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, COMPLETENESS,CURRENCY OR SUITABILITY OF ANY CONTENT PROVIDED ON OR MADE AVAILABLE THROUGH THE PLATFORM OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Limitations and Waivers of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRIVER’S Service World Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATEDOR PUNITIVE DAMAGES, OR DAMAGESFOR LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, DATA OR GOODWILL,ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, ACCESS TO, RELIANCE ON,OR THE DELAY OR INABILITY TO USE, THE PLATFORM, THE SERVICES OR ANY CONTENT, OR OTHERWISE ARISING IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. [GR: The exclusion of liability for direct damages assumes that Driver’s Service World Inc. is not charging any fees for use of the Platform or the Services. If or when Driver’s Service World Inc. will charge for use of the Platform or Services, typically would limit the liability of Driver’s Service World Inc. for any direct damages to a fixed amount or the aggregate amount of the fees paid to Driver’s Service World Inc. in a specific period prior to a claim being asserted. If there will be an initial trial period, following which fees will apply, this section should be amended accordingly.]
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DRIVER’S Service World Inc. IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DRIVER’S Service World Inc. LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM OR PROVIDERS OF CONTENT.
YOU FURTHER ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEM. WITHOUT LIMITING THE FOREGOING, DRIVER’S Service World Inc. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR DATA AS A RESULT OF YOUR USE OF OR ACCESS TO THE PLATFORM, THE SERVICES, ANY CONTENT, OR ANY WEBSITE LINKED FROM THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
15. Indemnification
You shall defend, indemnify and hold harmless Driver’s Service World Inc. from and against any claims, causes of action, demands, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal fees, brought in connection with or as a result of (a) your use of the Platform, the Services or any Content in violation of these Terms of Use, (b) any User Content you provide to us, or (c) your violation of these Terms of Use.
16. Notices
Driver’s Service World Inc. may provide notices to you with respect to the Platform, the Services, your Account, these Terms of Use or our Privacy Policy, including notices of updates or modifications thereto or other service announcements, via postings on the Platform or via e-mail or any other communications means sent to the contact information you provide to us. All notices given by you or required from you under these Terms of Use or our Privacy Policy shall be in writing and addressed to Driver’s Service World Inc. at ●[address] or to such other address as Driver’s Service World Inc. may notify you in writing.
17. Entire Agreement
These Terms of Use, our Privacy Policy and any other Driver’s Service World Inc. policies expressly incorporated by reference herein contain the entire understanding of you and Driver’s Service World Inc. with respect to the Platform and the Services, and supersede all prior understandings of the parties hereto relating to this subject matter, whether electronic, oral or written. Any headings or titles herein are for convenience only.
18. Severability
If any portion of these Terms of Use is found illegal or unenforceable in any jurisdiction, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Use, which shall continue to be in full force and effect.
19. Law and Forum for Legal Disputes
Any dispute arising out of or related to these Terms of Use, the Platform or the Services shall be governed in all respects by the laws of Ontario, Canada, without regard to conflict of law provisions. You agree that any such claim or dispute you may have against Driver’s Service World Inc. shall be resolved exclusively by a court located in Toronto, Ontario, Canada, except as otherwise agreed by the parties, and you agree to submit to the jurisdiction of such courts for the purpose of litigating all such claims or disputes.
20. Assignment
Driver’s Service World Inc. may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Use without our prior written consent and any unauthorized assignment by you is ineffective. Subject to the foregoing, these Terms of Use will inure to the benefit of the parties, their successors and permitted assigns.
21. No Waiver
The failure of Driver’s Service World Inc. to require or enforce strict performance by you of any provision of these Terms of Use or failure to exercise any right hereunder shall not be construed as a waiver of Driver’s Service World Inc.’s right to assert or rely upon any such provision or right in that or any other instance.The express waiver by Driver’s Service World Inc. of any provision of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision.No waiver or consent by Driver’s Service World Inc. shall be deemed a modification of these Terms of Use nor legally binding, unless in writing and signed by a duly appointed officer of Driver’s Service World Inc..
22. Force Majeure
Driver’s Service World Inc. shall not be liable for any delay or failure to perform resulting from causes or circumstances outside the reasonable control of Driver’s Service World Inc., including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, denial of service attacks, power failures, Internet service provider failure or delay, or shortages or unavailability of telecommunications, labour or materials.
23. Links to Third Party Websites
The Platform may provide links to third party websites. These links are provided for your convenience only and Driver’s Service World Inc. does not control or endorse the information contained on such websites and is not responsible for, nor do we otherwise warrant or guarantee, the quality, accuracy, reliability, completeness, currency, timeliness or legality of any such information.You should read the terms and conditions of use and privacy policies of any third party website you may link to from the Platform. If you decide to access any such third party site, you do so at your own risk. [GR: Applicable