1. Common Definitions

• "Member": Any registered user of the Service, including Drivers, Passengers, or both.
• "Driver": An individual who uses the Service to offer empty seats in their vehicle for Passengers to share.
• "Passenger": A person who uses the Service to reserve and pay for a seat in a Driver’s vehicle.
• "Trip": A planned journey from a starting point to a destination at a specific date and time, including details such as pick-up and drop-off locations, available seats, and space for personal belongings. The Trip is organized and managed by a Driver.
• "Service": The facility provided by QuikHitch to connect Members to aid in their Trips.
• "Account": A profile created by a Member to access and use the Service.
• "Booking": The process of securing and paying for a seat on a Trip through the Service before the journey begins.
• "Request": A post created by a Passenger seeking a Trip between specific locations on a particular date or asking one of the Drivers traveling to their required locations.
• "Contribution" or "Trip Cost": The agreed amount a Passenger pays to the Driver to help cover the cost of a Trip. The Contribution is not intended to generate profit for the Driver.
• "Booking Fee": A service charge added to the Trip Cost and paid by the Passenger when confirming a Booking for a Trip.
• "Payment": The total amount paid by a Passenger, consisting of the Trip Cost and any applicable Booking Fee.
• "Payout": The total funds collected by a Driver from Passenger Contributions, minus any applicable service fees, sent to the Driver using their chosen payment method.
• "Payout Fee": A fee deducted from a Driver’s Payout for using the Service to facilitate Bookings.
• "Payout Method": The way Drivers receive their Payouts, such as via transfer to their bank account.
• "Cancellation Allowance": The ability for Drivers to cancel one Trip with confirmed Passengers or one Booking every six months without penalties.
• "Taking a Ride", "Carpool", "Ride-sharing" or "Carpooling": The act of sharing a journey in a vehicle between a Driver and Passenger(s) in exchange for a Contribution.

2. Changes to the Terms and Conditions

QuikHitch reserves the right to update, modify, or amend these Terms and Conditions at any time, including all financial fees, such as Contributions, Booking Fees, and Payout Fees without any prior notice. We will provide notice of any changes by updating the “Last Updated” date at the top of this document. A log of changes may also be maintained for tracking purposes. By continuing to use the Service, you agree to be bound by the updated Terms and Conditions. If at any point any of the Terms and Conditions are not acceptable to you then you can proceed to stop using our services.

3. Your Responsibilities

As a Member of QuikHitch, you agree to:

• Provide accurate and truthful information in your Account and all communications with other Members.
• Verify your Account using your email address or phone number as requested during the registration process.
• Acknowledge that QuikHitch does not conduct background checks, investigate reputations, review conduct, or verify the morality, criminal history, or other details of its Members. You are solely responsible for using your judgment, practicing caution, and assessing the suitability of others you interact with through the Service.
• Fulfill your commitments during any transaction, such as showing up on time, providing safe and reliable transportation (Drivers), or making timely payments (Passengers).
• Accept that QuikHitch acts as a facilitator only and is not responsible for any disputes or issues that arise between Members.

3.1 Release from Claims

By using our Service, you acknowledge that in the event of a disagreement or dispute with another Member, QuikHitch and its affiliates are not liable for any claims, demands, or damages (whether direct or indirect). This includes all types of losses, whether known, unknown, suspected, or unexpected, unless otherwise prohibited by law. For example, in regions governed by specific consumer protection laws, such as the Loi sur la protection du consommateur québécois, this limitation may not apply

4. Community Conduct Rules

To maintain a safe and respectful community, all Members must adhere to the following conduct rules:

• Respect and Safety: Treat other Members with respect and courtesy. Harassment, discrimination, or abusive behavior will not be tolerated.
• Punctuality: Arrive at the agreed pick-up and drop-off points on time.
• Vehicle Standards (Drivers): Ensure your vehicle is safe, clean, and roadworthy, with enough seats and space as advertised in the Trip listing.
• Overbooking: Drivers should be careful in posting no. of seats and accepting Passengers so as to not overbook their rides.
• Passenger Etiquette: Passengers must respect the Driver’s vehicle, follow their rules (e.g., no smoking), and avoid disruptive behavior.
• Prohibition of Illegal Activities: The Service must not be used for any illegal activity, including but not limited to transporting illegal goods or engaging in fraud.
• Age Requirement: All Members must be at least 18 years of age to use the Service.

4.2 Reporting Misconduct

If you encounter any misconduct during a Trip or interaction with a Member, please report it immediately through the “Contact Us” section on our platform. Severe cases of misconduct, such as:

• Harassment or discrimination,
• Physical violence,
• Theft,
• Drugoralcohol abuse, or
• Unsafe driving behavior,
should also be reported to the appropriate authorities. QuikHitch will cooperate with law enforcement as needed to ensure safety and compliance.

5. Conditions for Use and Access of the Service

5.1 Use and Access of the Service

• TheService is solely intended to connect Drivers and Passengers for Carpooling in a private, non-commercial capacity. No commercial activities are permitted unless explicitly agreed upon through a separate contract with QuikHitch.
• Drivers are not allowed to make a profit from any Trip. Contributions must only offset the Driver’s actual costs and cannot be used to generate income. Profit-making through Trip Contributions, the frequency of Trips, the number of Passengers transported, or any additional services is strictly prohibited.
• Drivers must not offer or provide additional services for profit, such as delivering packages, waiting at pick-up points, arranging extra drop-off or pick-up points, or transporting additional Passengers beyond those already pre-approved through the Service. Similarly, Passengers must not request or accept such services.
• All Trip details, including pick-up and drop-off locations, must be agreed upon through the Service in advance. Drivers cannot collect Passengers from locations not pre-arranged through the platform.
• Drivers must not post speculative Trips. Trips should only be posted when the Driver is fully certain of their travel plans, including time and destination, to ensure reliability for Passengers.
• Drivers using the application to post Trips must have a valid and active insurance policy to use the Service. If a Driver is found using the Service without insurance at any point, we will terminate their account and the Driver may be subject to future blacklists.
• Usingthe Service in a professional or commercial capacity may invalidate a Driver’s insurance. QuikHitch is not liable for any breach of agreements or Terms by Members, including instances where Drivers use the Service commercially or professionally, thereby invalidating their insurance. Members are responsible for ensuring their activities comply with these Terms.
• QuikHitch solely provides a platform for Members to connect and arrange Carpooling. The platform does not offer transport services or interfere with Trip schedules, destinations, or arrangements. Any agreement regarding Carpooling is solely between the Driver and Passenger. QuikHitch is not a party to such agreements and is not liable for any issues arising from Bookings or interactions between Members.
• Anyviolation of these Terms will result in immediate suspension of the Member’s Account, potentially restricting further access to the Service.

5.2 Access to the Carpool Service

To use the Service, Members must create an Account. The registration process includes the following steps:

1. Account Creation:
   • Members can register through:
     • OAuth login via Facebook, Google, or Apple Accounts. By doing so, you allow QuikHitch to access certain information from your linked account. You can remove this connection in your Account settings.
     • Registering with an email and password by completing all required fields in the registration form.
   • Email verification is mandatory, and Members must ensure continued access to the verified email.
   • Cell phone number verification is required to communicate with other Members through calls and text messages.
2. Profile Information:
   • Provide your full legal name.
   • Upload a clear, well-lit profile photo that shows your face.
   • Include an accurate description of yourself, along with your age and gender.
3. Agreement to Policies:

   Members must agree to the Terms of Service and Privacy Policy during registration.

4. Account Ownership:
   • You agree to be the sole user of your Account and not share access with others.
   • All interactions, Bookings, and Payments must be conducted by you personally and not on behalf of another individual.
   • You are prohibited from creating or using multiple Accounts under your identity or any third party’s.
   • You must keep your login details confidential and notify us immediately if you suspect unauthorized use of your Account or any security breaches.

5.3 Eligibility to Use the Service

• QuikHitch provides a platform that allows Members to arrange Carpooling. Passengers must contact Drivers through the Service to finalize arrangements, including any specific travel conditions such as luggage size or additional equipment.
• Theeligibility of Members to access the Carpooling Service is at QuikHitch’s discretion. Wereserve the right to revoke access at any time for violations or other reasons.

5.4 Service Conditions

All functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. QuikHitch cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

We may wish to update the application at any point of time. If there is any loss of data or anything during the update QuikHitch is not responsible. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. QuikHitch does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you.
We may also cease providing the application and may terminate its use at any time without providing termination notice to you. Unless we inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

QuikHitch reserves the right to:

• Limit the Service to specific groups of Members or restrict availability to certain destinations without any further notice.
• Make exceptions to policies at its sole discretion

6. Description of the Service

QuikHitch is a platform designed to facilitate Carpooling by connecting Drivers offering seats in their vehicles with Passengers looking for rides. Members can create and manage Trips, communicate via messages, and complete Bookings through the app. All financial transactions are securely processed online.

6.1 Trips

Trips are created and managed by Drivers, specifying details such as departure time, pick-up and drop-off points, and available seats. Passengers can search for suitable Trips and book them directly or through Requests

6.1.1 Messages

The messaging feature allows Drivers and Passengers to communicate through the platform to clarify Trip details, confirm logistics, or address concerns. All communications must remain respectful and in accordance with our Community Etiquette.

6.1.2 Bookings

Passengers can send a Booking Request to a Driver, who must approve the request before the Booking is confirmed

For Trips marked as “Instant Book,” Passengers can confirm a Booking immediately without requiring Driver approval.

6.2 Payments

All payments on QuikHitch are processed exclusively in Canadian Dollars ($CAD). Cash or E-transfer payments are not permitted

6.2.1 Only Online Payments

All financial transactions, including Trip costs and Service fees, must be completed online through the platform. Payments in cash or e-transfers are strictly prohibited

6.2.2 Payment Processing

Payments are securely processed through Stripe, a trusted payment gateway. QuikHitch does not handle or store sensitive payment information, such as credit card details. By using the Service, Members also agree to Stripe Terms of Service. When Passenger sends a request a hold of the Trip Cost will be put on their payment method and when Driver approves the request we will charge the Trip Cost. Once a payment is completed, we retain the Contribution amount and other essential details for processing purposes but do not store any sensitive data.

6.2.3 Booking Fee

A 15%service fee is added to the Passenger’s Contribution at the time of Booking. This fee covers platform maintenance and operational costs.

6.2.5 Interest on Payments

QuikHitch does not pay or owe interest on any delayed or withheld payments. Members cannot claim interest under any circumstances.

6.3 Payouts

Drivers receive Payouts for completed Trips, provided they adhere to all terms and conditions outlined in this document

6.3.1 Supported Payout Methods

Payouts are made exclusively to Canadian bank accounts. Drivers must provide accurate banking details to receive their funds

6.3.2 Payout Period

Payouts are processed within 5-7 business days following Trip completion. During this period, Passengers may raise disputes. Disputes must be resolved before payouts are finalized.

6.3.3 Payout Delays

Occasionally, Payouts may be delayed due to bank processing times or other unforeseen circumstances. QuikHitch is not responsible for such delays.

6.3.4 Interest on Payments

QuikHitch does not pay or owe interest on any delayed or withheld payments. Members cannot claim interest under any circumstances.

6.3.5 Conditions for Drivers to Receive Payouts

Drivers must comply with the following conditions to ensure successful Payouts:

• Adhereto all QuikHitch rules and terms.
• Makeevery reasonable effort to ensure Passengers are not left stranded due to delays.
• Obtain approval from all Passengers for any changes to the Trip.
• Donotallow unauthorized individuals to drive the vehicle.
• Avoid operating a commercial Carpooling service without prior approval from QuikHitch.
If QuikHitch identifies any violations of its terms or policies, the platform reserves the right to withhold or cancel Payouts and may refund Passengers where necessary.

6.3.6 Payout Fee

A 3.15% fee (3% payout fee + 5% GST ) is deducted from the Driver’s Payout to cover payment processing. The 5% GST (Goods and Services Tax) is applied to all applicable payout fees processed through the platform.

7. Community Etiquette and Trip Guidelines

To maintain a positive, respectful, and reliable experience for all Members, the following rules must be followed before, during, and after every Trip:

7.1 Before the Trip

1. Punctuality and Planning: Drivers and Passengers must ensure they are on time for the agreed pick-up and departure. Late arrivals can cause inconvenience to others and disrupt the schedule.
2. Clear Communication: Both Drivers and Passengers should communicate promptly through the app regarding Trip details, including pick-up locations, luggage limitations, or any other specific needs.
3. Transparency:
   • Drivers should clearly outline all Trip details, including the exact departure time, pick-up/drop-off points, and space available for luggage.
   • Passengers must be transparent about their expectations, such as needing additional stops or bringing extra luggage (when agreed upon).

7.2 During the Trip

1. Punctuality at Pick-Up: Drivers should arrive at the agreed pick-up point on time, and Passengers must be ready to board promptly at the agreed time.
2. Safe Space:
   • All Members are expected to create a safe, comfortable, and respectful environment throughout the Trip.
   • Offensive language, discriminatory remarks, harassment, or any form of inappropriate behavior will not be tolerated and may lead to immediate account suspension.
3. Clean and Comfortable Environment:
   • Drivers are responsible for ensuring their vehicles are clean and well-maintained for the comfort of Passengers.
   • Passengers are expected to respect the Driver’s vehicle by keeping it clean and refraining from eating or drinking without prior approval.
4. Understanding Needs During the Trip:
   • Members should be mindful of individual preferences, such as music volume, temperature settings, or breaks during the Trip. Respect and compromise are encouraged to ensure a pleasant journey for everyone.
5. Safety First:
   • Drivers must drive responsibly, obey all regional traffic laws, common traffic etiquettes and ensure that all passengers wear seat belts at all times.
   • Passengers must not distract the Driver unnecessarily and should respect safety rules during the Trip.

7.3 After the Trip

1. Feedback and Ratings: Both Drivers and Passengers are encouraged to leave honest and constructive feedback for each other to help improve the community experience.
   • Members are encouraged to leave any major complaints or incidents to QuikHitch for further analysis and take any necessary actions.
2. Communication: If any issues arise during the Trip, Members are encouraged to address them politely and constructively, either directly with the other party or through the QuikHitch support team.
3. Accountability: Any disputes or misconduct should be reported promptly to QuikHitch for investigation and resolution

8. Cancellations, Refunds, No-Shows, and Dispute Policies

This section outlines the guidelines for handling cancellations, no-shows, and disputes between Drivers and Passengers to maintain a fair and reliable Carpooling experience

8.1 Driver Cancellation Policy

• Drivers can cancel a Trip without any approved Passengers at any time without facing penalties.
• Drivers are allowed one “Cancellation Allowance” every six months. This means they may cancel either one Trip with approved Bookings or one approved Booking during this time. A second cancellation within the same six-month period will result in their Account being reviewed and potentially blocked.

When a Driver cancels a Trip with approved Bookings or an approved Booking:

1. Passenger Refund: Passengers receive a full refund of the Trip Contribution and Booking fee.
2. Review on Driver Profile: An automated cancellation review is added to the Driver’s profile.
3. Internal Review: The cancellation is reviewed by QuikHitch to determine fault:
   • If the Driver is at fault, the cancellation is counted toward their Cancellation Allowance.
   • If the Driver is not at fault, the cancellation is not counted.
4. Account Suspension: QuikHitch reserves the right to block the Driver’s Account if it is determined that their actions have negatively impacted other Members.

8.2 Driver No-Show Policy

• If a Passenger cancels a Booking:
1. More than 24 hours before departure
   • Passenger receives a full refund of the Trip Contribution, but the Booking fee is retained by QuikHitch as a cancellation fee.
2. Less than 24 hours before departure:
   • Driver receives 50% of the Contribution.
   • Passengers are refunded the remaining 50% of the Contribution.
   • QuikHitch retains the Booking fee.
3. After the Trip's agreed departure time:
   • Driver receives entitled Contribution.
   • Passenger forfeits all refunds, and QuikHitch keeps the Booking fee.

8.3.1 For Booking Requests:

• APassenger can withdraw their Booking request before Driver approval without any charges.
• If the Booking request expires, the Passenger is not charged, and a full refund is issued.

8.3.2 Refund Exceptions:

QuikHitch may issue refunds outside the standard Passenger cancellation policy in certain cases, such as:

• Bookings made with fraudulent payment methods.
• Drivers operating unauthorized commercial services.
• Errors made by Passengers during Booking, provided they notify QuikHitch within a reasonable time.
• Drivers approving Bookings without confirming Trip details with Passengers.

Repeated cancellations by a Passenger may result in the closure of their Account

8.4 Passenger No-Show Policy

• If a Passenger does not show up for a booked Trip:
  • TheDriver receives the entitled Payment.
  • QuikHitch retains the Booking fee.
  • Ano-showreview is added to the Passenger’s profile.
  • QuikHitch reserves the right to block the Passenger’s Account if their actions negatively impact other Members.

8.5 Disputing Cancellations, Bookings, or Payments

• Disputes regarding a Booking, Cancellation, or Payment must be raised within four (4) days of the scheduled Trip departure.
• QuikHitch holds the right to make the final decision in any kind of disputes and Members will agree on the decision made by us.
• Ifnodisputes are raised within this window, payments to the Driver will proceed as outlined in 6.3 Payouts.
• Toraise a dispute, Members can use the review system provided by QuikHitch.

Beyond the 4-day dispute period, no refunds or adjustments will be processed. Once the payment is finalized, the transaction is considered complete.

9. Anti-Discrimination and Anti-Harassment Policies

9.1 Anti-Discrimination Policy

QuikHitch fosters an inclusive and diverse community and operates as an "equal opportunity platform." Discrimination of any kind will not be tolerated within our community. This includes, but is not limited to, discrimination based on race, ethnicity, religion, national origin, gender, sexual orientation, disability, or age. Any verified allegations of discriminatory behavior may result in temporary suspension or permanent closure of the offending Member’s account.

9.2 Anti-Harassment Policy

QuikHitch is committed to providing a safe and respectful environment free from harassment for all Members. Harassment based on a person’s race, ethnicity, gender, age, religion, national origin, disability, or any other legally protected characteristic is strictly prohibited. All Members must adhere to this policy. Any Member bringing forward a complaint of harassment will not face retaliation or adverse effects for reporting the issue. Verified harassment allegations may lead to warnings, account suspension, or permanent closure of the offending Member’s account.

9.3 Anti-Sexual Harassment Policy

Sexual harassment is strictly prohibited and encompasses any unwelcome or offensive behavior of a sexual nature. Examples of prohibited conduct include but are not limited to:

• Unwanted physical contact.
• Sexual propositions or explicit comments.
• Offensive jokes, gestures, or remarks of a sexual nature.
• Sharing or displaying pornographic or sexually explicit content, including pictures, videos, drawings, or messages.
• Taking unknown and inappropriate pictures of any of the Members.
• Usingthe QuikHitch platform to share or access sexually explicit material.

Verified allegations of sexual harassment will result in immediate and appropriate action, which may include preventive or permanent closure of the Member’s account.

9.4 Reporting and Investigations

If a Member feels they have been subjected to discrimination, harassment, or sexual harassment, they should report the matter immediately to appropriate authorities and then to QuikHitch through the designated support channels. Upon receiving a complaint, QuikHitch will:

1. Promptly investigate the report while maintaining discretion and confidentiality to the extent possible under the circumstances.
2. Take corrective action, where appropriate, including issuing warnings, account suspensions, or permanent account closures.

Members are encouraged to report incidents without fear of retaliation, as QuikHitch is committed to maintaining a respectful and harassment-free environment for all.
By adhering to these policies, Members contribute to making QuikHitch a safe, inclusive, and welcoming community for everyone

10. Privacy Policy

At QuikHitch, we value your privacy and are committed to protecting your personal information. Weunderstand the importance of maintaining your trust while using our Service. Our platform is designed to allow Members to share only essential Trip details, such as dates and locations, with other Members. Any additional personal information collected from you will be handled responsibly and will not be displayed publicly without your consent.

By using our Service and agreeing to these Terms of Service, you also agree to abide by our Privacy Policy. For more details on how we collect, use, and safeguard your information, please review our Privacy Policy.

11. Liability, Warranties, Indemnity, Intellectual Property, and Other Legal Matters

11.1 Limits of Liability

To the fullest extent permitted by law, including but not limited to the provisions of the Loi sur la protection du consommateur for Québec residents, QuikHitch shall not be held liable for any damages of any kind, whether direct, indirect, incidental, general, special, consequential, exemplary, or punitive, even if advised of the possibility of such damages. This includes but is not limited to damages arising from:

1. Your use or inability to use our Service.
2. The cost of replacement goods, services, or information obtained through our Service.
3. Unauthorized access to, disclosure of, or alterations to your content.
4. Loss or corruption of data, service interruptions, or substitute services.
5. Conduct or actions (online or offline) by Members or individuals introduced through the Service, including physical injury, emotional distress, or death.
6. Any data or other telecommunication plan charges accrued during the use of our Service or any related activities are to be paid by the Members.
7. Any other matters relating to the use of our Service or these Terms.

In any event, QuikHitch’s liability for any claim shall not exceed a maximum of $25

11.2 Disclaimer of Warranties

To the fullest extent permitted by law, including under the Loi sur la protection du consommateur for Québec residents, if you use our Service, you do so at your own risk. Our Service is provided "as is" and "as available," without any warranties of any kind.

We specifically disclaim and you waive:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Anyassurance that the Service will meet your requirements or expectations, operate uninterrupted, or be free of errors.
• Guarantees regarding the accuracy or reliability of information obtained through the Service.
• That any software or data errors will be corrected.

11.3 Indemnity

To the fullest extent permitted by law, including under the Loi sur la protection du consommateur for Québec residents, you agree to defend, indemnify, and hold harmless QuikHitch and its affiliates from any claims, demands, damages, losses, costs, or expenses, including reasonable attorney’s fees, arising from:

• Your use of the Service.
• Your violation of these Terms.
• Any content you provide or actions you take while using the Service.

If indemnification is required, QuikHitch reserves the right to control any legal proceedings or decide on settlements at its discretion.

11.4 Intellectual Property

All content and materials available on the QuikHitch Service are protected by intellectual property laws, including copyrights, trademarks, patents, and trade secrets. Unless expressly authorized by QuikHitch, you may not:

• Copy, modify, distribute, sell, license, or reproduce materials from the Service.
• Create derivative works or systematically retrieve content for purposes such as building databases or directories.
• Frameordisplay any portion of the Service without written consent.

Ordinary non-commercial hyperlinks to our Service may be established without prior written permission.

11.5 Legal Compliance

You agree to use QuikHitch’s Service in compliance with all applicable laws and regulations. Failure to comply with these legal obligations may result in suspension or termination of your account.

12. Service Termination and Discontinuation Policy

12.1 Service Termination

QuikHitch reserves the right to terminate its operations and discontinue the Service entirely at its discretion. In the event of termination, all Members will be notified with as much advance notice as possible, considering the circumstances, and efforts will be made to settle any outstanding obligations, such as processing refunds or payouts where applicable, in accordance with these Terms of Service.

12.2 Discontinuation of Service

QuikHitch may modify, suspend, or discontinue any portion or all of the Service permanently, with or without prior notice, based on business, legal, or operational considerations. QuikHitch shall not be held liable for any losses or damages resulting from such discontinuation.

13. Terms of Service changes