Terms of Services (“Terms”)

Last Updated: August 15, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully as it contains important information regarding your rights and obligations before using ShiftRide’s service ("us", "we", or "our").

ShiftRide (will also be referred to as ‘we’ or ‘our”, in this document), is an on-demand mobility platform that allows people to get access to car owners’ vehicles nearby.

By using our service (“user”) which includes, but is not limited to accessing our website, using our app, communicating with our users or staff either as a registered user or not you agree and are legally bound to comply with these Terms.


Changes

ShiftRide reserves the right to modify or replace these Terms at any time, at our sole discretion without prior notice and it’s the user’s responsibility to read them before using our service. By using our service you agree that you’ve read and understood our Terms of Services. If you do not agree with any of the points in this document, it’s your obligation to stop using ShiftRide’s service completely.



General Service Usage


Eligibility to Use Our Service

You must be at least 18 years of age or older to register and use our services on a limited bases.


Registration

Users are obligated to provide accurate information whenever they’re asked by ShiftRide’s services. ShiftRide reserves the right to perform background checks and/or other checks to verify the validity of the provided information.


Activity

You are responsible for any activity that occurs in your account and all those activities including, but not limited to bookings, remain valid whether you’ve authorized such activities or not. You hereby promise not to share your authentication information, such as email and password combination and/or social media credentials you use to login to ShiftRide services with others. We are not responsible for your failure to keep your account secure, or for any delay in terminating your account after you’ve reported unauthorized access to us.


Contact Information

ShiftRide will be contacting users through the contact information they’ve provided. Any failure to receive our notices does not invalidate our notices.


User Information

ShiftRide users should not follow, stalk, contact, and violate another user’s privacy. Also users are obligated to notify us before using another user’s information for any other purpose than what is designated in the service.


Interaction with Other Users

ShiftRide users are obligated to not show any violating behaviour towards other users under any circumstances. Any issue or dispute which can’t be resolved between the two users should be reported immediately and directly to our customer support at support@shiftride.com.


Checking the Vehicle Condition Before Driving

ShiftRide users are required to carefully observe and identify any damages or issues found with vehicles before driving. In addition, you could capture video from all around the car to act as a proof in the case of a dispute between the user and the car owner in terms of the condition of the car before and after the usage period. Failure to document the condition of the car before using it, gives a total right to the car owner to blame the user for any damage or change in the condition of the car after the usage period. We also encourage our users to report any damage directly to the ShiftRide team through the mobile app or by sending an email to support@shiftride.com before using the vehicle.


Damages with the Vehicle

As per section “Checking the vehicle condition before driving” in this document (“Terms”), the user is responsible to confirm that there are no damages both inside and outside of the vehicle before the trip starts. As a user, you are responsible to report any damages to the ShiftRide team and have them verify the condition before you can drive the car. Failure to do so could result in fees placed on your account to repair damages. If there is no evidence that the damage to the car has happened during a trip with ShiftRide, the car owner is fully responsible for the damage.


Belongings Left in the Vehicle

ShiftRide accepts no liability regarding belongings left in the vehicle, and both users and car owners are responsible for the items they leave behind during and after their usage period. However in these cases, we encourage our users and car owners to notify the ShiftRide team by sending an email to support@shiftride.com.


Sharing of Information

ShiftRide reserves the right to share, request, receive, use, and store users’ information at our sole discretion with other third parties for verification, obtaining additional information, or providing services that could potentially benefit ShiftRide’s community of users as a whole. You hereby give permission to ShiftRide to perform such actions.


Violations

ShiftRide reserves the right, but not the obligation to investigate and prosecute the violators of their agreement (“Terms”).



User Specific Policies


Eligibility to Book and Use a Vehicle

You must be at least 19 years of age or older, have a personal Facebook account, a valid phone number, a valid and matching driver’s license, and a valid method of payment to be able to book and get access to vehicles listed on ShiftRide. Users can only have one account with ShiftRide. ShiftRide will perform driver’s license checks to further confirm the eligibility of the driver to be able to book both before the first booking occurs, and periodically to confirm continued eligibility. We reserve the right to review your Facebook account for legitimacy of identity and deny your eligibility to book and use the service.


Number of Accounts with Service

You must only have one account with ShiftRide at any point in time. Having more than one account could render you ineligible to continue your use of the service.


Purpose of Usage

You are expected to use ShiftRide’s vehicles for personal use and must not use them for any commercial purpose such as Uber, delivery, etc.


Vehicle Owner Specific Policies


Eligibility to List Your Vehicle

While sharing your vehicle does not impact your insurance, you must be the owner of the vehicle or be the primary lease holder and have an appropriate personal or commercial insurance policy on your vehicle as required by law. This is required for ShiftRide to be able to provide insurance and the car owner must provide ShiftRide with proof of the insurance he/she is required to hold.


Address

Car owner agrees that if he/she is insured under ShiftRide’s insurance policy his/her address for service for documents from ShiftRide’s insurer will be ShiftRide’s mailing address and car owner waives any right to receive notice from ShiftRide’s insurer at any other address.


Car Listings

Car owners are allowed to share their vehicle only if it meets all of the following requirements:

  • The value of the vehicle is not more than $80,000.

  • The vehicle is not more than 10 years old at the time of each booking.

  • The vehicle has less than 200,000 Kilometres at the time of each booking.

  • The vehicle has at least 4 wheels, and seats no more than 8 passengers.

  • The vehicle has to be a private passenger type vehicle with a manufacturer’s gross vehicle weight rating of no more than 4500kg.

  • The vehicle has passed any required emission tests.

  • The vehicle is in a clean and safe condition to be driven by our users, which will be examined by ShiftRide.

  • Each seat in the vehicle must have a fully functional seatbelt.


Leased Cars

You are allowed to share your leased car on ShiftRide, however, we highly recommend you contact the original dealership, or review your lease agreement to make sure you’re legally allowed to do so. ShiftRide is not responsible in the case of personal contract violations. Usage from ShiftRide may result in extra kilometres on your car, however, in most cases, your earnings will be higher per km than your leasing terms’ extra charges per km.


ShiftRide Decals on the Vehicle

ShiftRide car owners are required to put ShiftRide window decals on their vehicle so that users can easily spot the car that’s being shared on our platform.


Wear and Tear

The car owner is responsible for natural wear and tear of the car. ShiftRide does not insure or cover the natural wear and tear, and we reserve the right, at our sole discretion to reject insurance or accept any liability in such cases. However we still encourage our users to contact us at support@shiftride.com. Natural wear and tear includes but is not limited to scratches found on the rim, small scratches on the body of the car that are not clearly visible, small windshield cracks, mechanical parts such as brake pads, oil, and such.


Parking

The car owner is responsible for finding a suitable parking location to have their car parked while sharing with ShiftRide. Ideally, this location is where you already have 24/7 parking access to. This location must be accessible to the public and should not be in a private garage. In case you need help finding parking for your car, please contact ShiftRide team at support@shiftride.com.


Earnings and Pricing

ShiftRide automatically sets a price for your vehicle when you sign up. This price will depend on factors including but not limited to the current value of your vehicle, vehicle model, make, year, odometer reading, as well as how long in time and distance Users who book your vehicle drive it for. As a car owner, you earn 60% of the time and distance portion as well as the cost of gas used during trips, calculated by ShiftRide’s pricing which keeps in mind your car’s fuel usage.


Guaranteed Minimum Earnings

In certain locations, ShiftRide would be able to guarantee minimum earnings for having your car available for booking on ShiftRide. The earning is determined based on factors including but not limited to the value of your car, and your parking location. You must have your vehicle available for a total of 30 hours per week. Failure to do so could result in deductions in your minimum earnings or removal from the guaranteed earnings program.


Starter Kit and Sign Up Fees

Upon signing up as a car owner with ShiftRide, a $195 deposit will be charged from your account for the starter kit provided, which is required to share with ShiftRide. This deposit will be returned to you upon the return of the items included in the starter kit to ShiftRide, if you do decide to stop sharing with ShiftRide at any point in time.

Depending the year of your car and/or the kilometers on the car, we may require you to perform a safety of your vehicle at your own cost and provide the documentation to us to confirm your car’s eligibility.


Sharing on Other Platforms

ShiftRide allows you to share your vehicle on other platforms if you decide to do so, as long as the availability of your schedule is not affected by it and your car being on such platform does not violate our Terms of Service.


Vehicle Damage and Repairs

ShiftRide is not responsible for paying car owners for any damage to the car owner’s vehicle unless a responsible user has been identified and has accepted responsibility for the vehicle damage and repair costs. Car owners reserve the right to repair their car at their preferred location and send the receipt to ShiftRide via email at support@shiftride.com. We will attempt to collect this payment from the customer and will reimburse you once the responsible user or collection agency in charge pays in full. If the repair cost is higher than the insurance deductible as listed in our “Fees section”, we will require to submit a claim through our partner insurance company.


Vehicle Key Handling and Storage

ShiftRide is not responsible for missing, damaged or removed lockboxes used to store keys by anyone, including but not limited to the property manager and owner. Vehicle owners are fully responsible for contacting the property manager or owner in regards to ShiftRide’s service and it's property before any commencing of the service.


Non-Booking Periods

ShiftRide is not responsible for any event, including but not limited to theft, damage, loss of keys of vehicle when a vehicle is not in an active booking by a user on ShiftRide. Car owners are fully responsible for their vehicle during periods where the car is not booked.


Charges


Fees Section

ShiftRide reserves the right to remove, modify, or add any fees in the fees section of this document (“Terms”), at our sole discretion without any prior notice. In the case of any violations, the charged fees would reflect the information in this section (“fees section”) at the time of the occurrence.


Valid Payment Method

As a ShiftRide user, you are obligated to always have a valid payment method on your account. ShiftRide reserves the right to charge any valid payment method on account until all the outstanding fees are covered. We also reserve the right to employ all legal methods available to collect the outstanding amounts, including but not limited to sending your information to a collection agency.


Time of Charge

ShiftRide reserves the right to charge partial amounts during any trip to ensure eligibility to continue bookings. If partial charges fail at any point in time while on a booking, you will have 2 hours to make funds available or update your primary payment information. Failure to do so could result in an automatic cancellation of your booking and a change in your eligibility. ShiftRide will require you to return the vehicle in its original condition immediately in such event. Failure to do so could result in extra fees placed, including repossession costs for the vehicle.


Charges on Account

You are obligated to pay all the fees as listed in our “Fees section”. ShiftRide reserves the right, at our sole discretion to charge appropriate fees when necessary.


Violation of Car Owner’s Instructions

As a ShiftRide user, you are obligated to follow the car owners’ instructions on how you’re allowed to use their car. Failure to do so can result in extra charges being applied to your account, and while these charges are based on the car owners’ report, in the case of a dispute, ShiftRide reserves the right to evaluate the situation and charge you the appropriate fees.


Tickets

ShiftRide users must report any tickets that they might have received during the usage period to the ShiftRide team at support@shiftride.com. ShiftRide team makes sure that all the transactions are documented in the case of a dispute. The related charges will appear on the user’s account and must be paid with the car usage fees.


Extra Charges Report

Only within 48 hours of the trip end, the car owners are able to request for extra charges based on the “Fees section” in this document (“Terms”). ShiftRide reserves the right, but not the obligation to ignore any request sent after that period. All requests should be sent to support@shiftride.com. Please include the booking number in your email so we can process it faster.


Car Owner Payout and Collection Fees

In the event that ShiftRide fails to collect payment from a user, your payout as a car owner will be delayed until we are paid by the customer or the collection agency involved if the payment is in the hands of a collection agency. Any collection fee accumulated during this period will be deducted from the car owner’s earnings in proportion to the division of revenue between all parties involved, including but not limited to ShiftRide and the car owner.


Fueling of Vehicles

While not a requirement, users can fuel vehicles and send ShiftRide a receipt or bank account statement for reimbursement in the form of a refund or online transfer to user. A reimbursement claim without a proof of payment will be deemed invalid and ShiftRide will not be responsible for reimbursement. This amount will be deducted from earnings for car owners.


Fees (“Fees Section")


NOTE: All the fees in the “fees section" are in Canadian dollars.

ShiftRide Fees

Fee
Reason
Amount
ShiftRide Service Fee
Covers insurance, road side assistance and real time support during the usage period.
Calculated dynamically based on demand.
Processing Fees
One time payment for driver’s license processing (for each driver’s license added to ShiftRide) and occurs at time of booking, whenever the last check is older than 6 months old or has not yet occurred.
$10
Booking Deposits
In certain events, we may charge a deposit before your booking occurs to ensure that you are eligible to pay for ShiftRide.
$150-$500 depending on vehicle and a review of your account.

Vehicle Owner Fees

Fee
Reason
Amount
Owner Cancellation
The car owner gets a strike, and after 3 strikes, the car will be hidden from most users.
N/A
Regular Maintenance Fees
The car owner is responsible for regular maintenance fees and charges set by ShiftRide unless they choose to maintain the car themselves. However in that case regular inspection reports must be sent to ShiftRide.
N/A
Regular Cleaning Fees
ShiftRide’s service to clean your car on demand (the exterior).
$20
Full Cleaning Fees
ShiftRide’s service to clean your car on demand (interior and exterior).
$35
Extended Car Care
ShiftRide’s service to maintain your car on ShiftRide including updating lockbox codes for keys, car washes, gassing of car, and more.
10% of booking earnings

NOTE: If the car owner spends any money regarding tolls, fines, cleaning, etc. he/she should notify ShiftRide by sending a receipt to support@shiftride.com and ask for reimbursements where applicable.

User Fees

Fee
Reason
Amount
User Cancellation Fee
Base fee for the trip and time portion of fees.
Calculated dynamically based on the category of the car and time of cancellation.
Improper Return Fees
The car has been returned improperly (i.e. parked in a wrong place or not in a garage).
$50
Improper Use Fees
The car has been driven outside of booking period by the user and/or the payment mechanisms has been tamperred with by user.
$50 + cost of trip taken outside of booking period
Misplacement of the key
The car keys are not properly left in the lockbox after the usage period.
$50
Gas card misplacement
The gas card is misplaced, lost or damaged.
$50
Cleaning Fees
The returned car is excessively dirty.
$50
Key Fees
In the case of loss or damages to the car keys, the user is solely responsible for replacement and service costs.
Key replacement and service cost (price depends on the car).
Toll Fees
Users are responsible for all Toll Fees incurred during their trip.
Cost of all Toll Fees incurred during their trip. The user must notify ShiftRide team at support@shiftride.com after the trip.
Ticket Fees
Users are responsible for all the tickets and violations during their trip.
Cost of all the tickets and violations during their trip. The user should pay and send the receipt to support@shiftride.com, otherwise applicable administration fees will be charged.
Towing & Car Retrieval Fees
Users are solely responsible for all the towing and impounding fees during the car usage period.
Cost of all the towing and impounding fees during the car usage period plus applicable administration fees.
Roadside Assistance Fees
In the case of any roadside event as a result of a “Terms of Services” violation, the user is responsible for extra charges and administration fees.
Cost of all the extra charges and applicable administration fees.
Violating Owner’s Policy
Violation of owner’s policy (i.e. smoking in a car, bringing a pet in the car) can result in a fine for the offending member.
$200
Late Return Fees
If the user returns the car later than the specified return date by the car owner, an additional late fee will be charged for every extra hour.
$50
Late Payment Fees
If the user’s method of payment is declined and we are not able to collect the full amount for the outstanding balance. A late fee will be added to the payment.
$100
Unauthorized driver
The user allows an unauthorized driver to drive a ShiftRide car.
$250
Security Authorization
A security deposit may be applied to first time users booking a car on ShiftRide.
Up to $150
Damage Fees
If users follow the “Terms of Services” they have to pay the minimum amount for damages and the total amount otherwise.
$1000 for deductibles.
Administration Fees
ShiftRide’s information processing.
$100

Insurance

As part of ShiftRide service, we provide insurance to our users during the usage period. Before issuing the insurance, we require the user to answer basic questions regarding their past driving record, but we’re not obligated to do so. In the case of such questions, users are obligated to answer them accurately. Providing wrong information or withholding any critical information, including but not limited to accidents, and tickets, invalidates your insurance.

If users already have insurance and would like to use that instead of the one we provide, the user must contact their insurance broker and make sure they are able to use their insurance with our service. The user is also responsible to notify us in advance regarding their personal insurance, so we can make the required arrangements. Failure to do so gives ShiftRide the right to charge the user for insurance automatically.

It’s important to note that insurance that might come with your credit card is unlikely to be applicable to ShiftRide’s services. However we encourage our users to contact their credit card provider to verify their coverage.

User’s personal information may be disclosed as required to ShiftRide’s insurer and to any party that is directly involved in an insurance claim situation which involves or which the party reasonably believes involves the usage of a listed car on ShiftRide.

User agrees to notify ShiftRide of any damage or injury to any person or property sustained during the usage period as soon as possible after the damage or injury occurs and to keep ShiftRide notified of the status of such injury or damage claims.

ShiftRide’s insurance policy will provide the users with insurance coverage in accordance with its own terms. This insurance Policy is independent of our Terms and is subject to its own terms, conditions and exclusions. A copy of our insurance policy is available here: https://www.nbins.com/specialty-risk/shiftride- carsharing-insurance/.


Insurance Policy (“Insurance Policy section")

DISCLAIMER: This section should be used as a quick reference for our users and must not be interpreted as binding and can be removed, modified or replaced at any time without prior notice. For official policy, check out our insurance company’s website here: https://www.nbins.com/specialty-risk/shiftride- carsharing-insurance/.

During the car usage period, our commercial insurance policy provides the following coverage:

  • $2,000,000 Third Party Liability. Coverage includes personal liability for the user, third party liability for the passengers, and third party property damage as a result of an accident.

  • Standard Accident Benefits.

  • $1000 Deductible for All Perils.

  • Up to $1500 for transportation replacement.

  • No depreciation on new vehicles.



Driving to US

We’re currently operational in Canada, and specifically in Ontario. If you’re planning to drive to the United States of America, you require a different insurance policy. To provide you with the appropriate insurance and accurate pricing you are required to contact us in advance at support@shiftride.com and we’ll make sure you are fully equipped before going on a drive.


Disputes

In the case of a dispute, we encourage all of our users or parties involved to contact us before taking any legal actions so we can resolve the dispute in the best possible way.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.


Contact Us

If you have any questions about these Terms, please contact us at support@shiftride.com.




ShiftRide Team Signature