NOTE: You must be at least 19 years of age to offer and request rides on this site.
Please read the following information carefully before proceeding.
User Agreement- Terms of Service
Share There Enterprises Inc.
Effective January 12, 2016
Your access to this website and participation in free ride sharing with other Users is subject to legally binding terms and conditions set forth in this agreement. Carefully read all of the following before proceeding.
1. AGREEMENT TO BE BOUND
CLICKING “I have read and agree to the User Agreement – Terms of Service" IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICE.
This User Agreement – Terms of Service (TOS) is between you (hereafter “You", “Users”, ”Drivers”, or “Passengers”) and, as applicable, Share There Enterprises Inc. (hereafter 'Share-There', "we", or "us"). The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out in these terms and conditions. These TOS ("User Agreement”) apply to Your visit to and Your use of our website at share-there.com (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to You on or through the Website, the Service and the Application.
Share-There is a communication tool and social media platform that enables Users to voluntarily and at their own risk arrange (offer, request and confirm) rides free of charge with each other. Use of the system is voluntary and entirely at the discretion of its Users. Share-There is an advertiser and promoter of Local Business Clients. Share-There also provides ticket sale services and event advertising. Share There is not an event organizer, event promoter, transportation provider or vehicle operator and does not constitute, a public transportation service. All services provided by Share-There to You, including by means of Your use of the Website or downloaded and installed by you on your single mobile device (smart phone) (the "Application") are hereafter referred to as the "Service".
This is a free, optional Service that You use at Your own risk, just as You would if You obtained a ride with a friend or relative. Neither Share-There nor any of their respective directors, officers, employees, agents, volunteers, representatives, partners, contractors or any other person associated with Share-There assume any liability for any injury or harm that may result from Your use of the Service, and as a condition of using Share-There. You are specifically required to waive any claim You might have against any of them for damages or other remedy arising from any such injury or harm. PLEASE READ THE DETAILED ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT WHICH FORMS PART OF THIS AGREEMENT.
4. EVENT TICKETS SALES
Users who wish to purchase or sell tickets via Share-There are required to review and agree to the “Ticket Sales Agreement- Terms of Service” .
5. REQUIRMENTS TO ACCESS THE SERVICE
a) You must be nineteen (19) years or older to register for an account or otherwise access or use the Service. You acknowledge that You are at least 19 years of age. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
In order to be able to use the Application or Service, you first need to sign up with Share-There. When signing up, you are obligated to provide Share-There with your personal contact information. Upon successful completion of the sign up process, Share-There will provide you with a personal account, accessible for you with a password of your choice.
b) By signing up for Share-There You certify that the following are all true:
You are at least 19 years of age;
and You have not committed, been charged with or been convicted of any summary or indictable offences anywhere in the world within the past five (5) years.
c) Drivers: For Users who will be driving and picking up other Users, You certify that the following are all true:
You have a current and valid driver's license.
You are the registered owner, or have permission from the registered owner, of the motor vehicle that you are using.
You carry all insurance requirements by law in order to operate a motor vehicle in the province where your vehicle is registered, in the province of British Columbia and the province where the ride is given.
You carry liability insurance that covers bodily injury to all occupants of your vehicle.
You carry third party liability coverage of at least $2,000,000.
You have no record of convictions for criminal driving offence(s).
You are medically fit to drive.
You receive no compensation from any source for driving and do not accept payment from other website Users (passengers) when sharing rides;
You are an independent individual party participating, with others, in a voluntary ride sharing arrangement;
You follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) You use when ride sharing.
You agree to drive safely and according to all applicable laws and regulations.
d) Passengers: For Users who are passengers in vehicles driven by website Users, You certify that You:
will not behave in a manner which may compromise vehicle safety or the safety of any person(s) in the vehicle;
are not using the Service to conduct illegal activities; and
are not in possession of illegal or dangerous substances or items.
If at any time You do not meet or continue to meet the eligibility requirements listed in this section, You must notify Share-There immediately and You will no longer have the right to offer rides to other Users of this Service. Share-There reserves the right, in its sole discretion, to refuse or deny access to the Service to any individuals for any reason.
6. SOLE OBLIGATION FOR SAFETY
By using the Service You agree and acknowledge that You are entirely responsible for Your safety while using the Service and participating in a car-pooling arrangement.
SHARE-THERE HAS NOT INVESTIGATED OR VERIFIED ANY USER'S DRIVING CERTIFICATIONS.
a) You acknowledge that Share-There does not (i) conduct any criminal, motor vehicle record, insurance or other investigations or background checks on Users, (ii) inspect or otherwise investigate the condition or safety of vehicles driven by Share-There Users, (iii) assume any responsibility for determining the suitability of ride sharing for You or Your ability to participate in ride sharing, or (iv) assume any obligation to take any steps to ensure Your safety when sharing rides.
b) Without limiting the foregoing, You specifically acknowledge that it is Your responsibility to contact, interview and select the Users You share rides with and to make Your own independent judgement as to whether to drive and/or ride with them. BY USING SHARE THERE YOU ARE AGREEING THAT YOU ARE ENTIRELY RESPONSBLE FOR YOUR OWN SAFETY.
3c)You acknowledge that Share-There acts only as a passive conduit for ride sharing communication.
7. APPLICABLE LAWS; INSURANCE
You acknowledge that it is Your responsibility to become familiar with and ensure compliance with Your legal rights and obligations of participating in a ride share or “car pool”.
Share-There does not verify the existence or adequacy of Drivers’ insurance nor does it provide any insurance coverage for the benefit of any Users who are sharing rides. You agree and acknowledge that it is your responsibility:
a) as a Driver to contact Your vehicle insurer and to verify that You hold sufficient insurance coverage to protect all passengers in your vehicle (at least to the coverage standards set forth in section 5 above); and
b) as a Passenger to verify whether a Driver has insurance and whether such insurance coverage is adequate to cover You.
c) In the event of accident or injury, it is the User's responsibility to collect and provide all required information and to do all such things as may be required by law. Share-There has no responsibility to assist any User in pursuing any claims against any other User, their insurer or any other party, as may arise from the use of the Services.
8. FREE OF CHARGE
Share-There provides a communication platform free of charge to Users for arranging ride sharing. Share-There assumes no responsibility for cost sharing or payment arrangements. Users of the Service receive no compensation from Share-There for ride sharing.
9. YOUR USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to Share-There is accurate and complete. Share-There is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application for any reason whatsoever in its absolute discretion without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Share There is not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for your mobile device. Share There reserves the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, You further agree that:
a) You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
b) You will not authorize others to use your account;
c) You will not assign or otherwise transfer your account to any other person or legal entity;
d) You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
e) You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
f) You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
g)You will not impair the proper operation of the network;
h)You will not try to harm the Service or Application in any way whatsoever;
You will not copy, or distribute the Application or other Share-There Content without written permission from Share-There;
i) You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
j) You will provide us with whatever proof of identity we may reasonably request;
k) You will only use an access point or 3G data account (AP) which you are authorized to use;
l) You are aware that when communicating by SMS (if available in your jurisdiction), standard messaging charges will apply;
m) You will not use the Service or Application with an incompatible or unauthorized device;
n)You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. Share There reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
By accepting these User Terms and using the Application or Service, you agree that You shall defend, indemnify and hold Share There, its affiliates, its licensees, and each of their officers, directors, other Users, employees, attorneys, agents, clients and partners harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs on a solicitor and own client basis) arising out of or in connection with:
a) Your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
b) Your violation of any rights of any third party, arranged via the Application;
c) Your use or misuse of the Application or Service; or,
d) any motor vehicle accident involving You or Your vehicle, whether or not such accident was caused by You or involved any violation or breach of these User Terms.
a) The information and/or services provided to You on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice.
b) Share-There will reasonably try to keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
c) Share-There shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Share-There.
d) Share-There shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
e) Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Share-There’s aggregate liability shall in no event exceed an amount of $500 (Canadian).
f) The quality of the shared ride arranged through the use of the Application or the Service is entirely the responsibility of the User who is driving and who ultimately provides the ride to you.
g) Share-There, under no circumstances, accepts responsibility or assumes liability for any loss or damage of any kind in connection with or arising from use of the Services, including, but not limited to any acts, omissions, behaviour, conduct or negligence of any User.
h) Share-There does not guarantee the availability of any rides offered by Users.
12. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"Share There Content" means Content owned or used by Share-There, its affiliates or licensees and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Service or Application.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
"Collective Content" means, collectively, Share-There Content and User Content.
a) Subject to your compliance with these User Terms, Share-There grants You a limited, non-exclusive, non-transferable license:
to view, download and print any Share There Content solely for Your personal and non-commercial purposes; and
to view any User Content to which You are permitted access solely for Your personal and non-commercial purposes.
You have no right to sub license the license rights granted in this section.
b) You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Share There. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Share-There or its licensees, except for the licenses and rights expressly granted in these User Terms.
13. LICENSE GRANTED BY USER
a) We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Share-There shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
b) You acknowledge that Share-There only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Share There shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Share-There be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Share-There.
c) Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, You represent and warrant that You have the capacity to grant the license as stipulated in this paragraph.
d) You agree to indemnify and keep Share-There, its affiliates and licensees indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Share-There or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Share-There reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by You and which Share-There believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Share-There.
e) You agree to promptly notify Share-There in writing of any User Content which breaches these User Terms. You agree to provide to Share-There sufficient information to enable Share-There to investigate whether such User Content breaches these User Terms. Share-There agrees to make good faith efforts to investigate such complaint and shall take such action as Share-There in its sole discretion decides. However, Share-There does not warrant or represent that it will block or remove (in whole or in part) such user Content.
14. APPLICATION LICENSE
Subject to your compliance with these User Terms, Share-There grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for Your own personal use.
You shall not:
a) license, sub license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
b) modify or make derivative works based upon the Service or Application;
c) "frame" or "mirror" the Website and Application on any other server or wireless or Internet-based device;
d) reverse engineer or access the Application in order to:
design or build a competitive product or service,
design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
copy any ideas, features, functions or graphics of the Service or Application, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
e) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
f) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
g) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
h) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
i) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
j) Share-There will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Share There may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Share There has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Share There reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Share-There, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
15. COPYRIGHT POLICY
Share-There respects copyright law and expects its users to do the same. It is Share-There’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
16. INTELLECTUAL PROPERTY OWNERSHIP
a) Share-There alone (and its licensees, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
b) These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Share-There. Share-There’s name, logo, and the product names associated with the Application and Service are trademarks of Share There, its affiliated companies or third parties, and no right or license is granted to use them.
17. THIRD PARTY INTERACTIONS
a) Consent to Share Personal Information
b) Links to Third Party Websites
18. TERM AND TERMINATION OF THE CONTRACT
The Contract between Share-There and You is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the Service. You can close your User account by emailing the administrator at email@example.com.
All indemnities, waivers and all other sections of this Agreement, which by their terms require their performance by either party after the termination of the contract, will survive the termination of the contract. Deleting the App and/or closing the User account does not mean Users are rescinding this Agreement.
Share There is entitled to terminate the Contract at all times and with immediate effect (by disabling Your use of the Application and the Service) if You:
a) violate or breach any term of these User Terms, or
b) in the opinion of Share-There, misuse the Application or the Service. Share-There is not obliged to give notice of the termination of the Contract in advance. After termination Share There will give notice thereof in accordance with these User Terms.
19. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
20. MODIFICATION OF THE SERVICE AND USER TERMS
Share-There reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Share-There may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is Your responsibility to review this Agreement periodically and make Yourself aware of any modifications. Your continued use of Share-There will be deemed to be Your conclusive acceptance of the modified Agreement.
Share There may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Share-There's account information, or by written communication sent by regular mail to your address on record in Share-There's account information.
You may not assign your rights under these User Terms without prior written approval of Share-There.
23. ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT
You hereby acknowledge and agree that You are aware that registering for Share-There and/or participating in ride sharing with other Users has many inherent risks, including without limitation risks of personal or bodily injury, death and property damage arising from the negligent or intentional acts or omissions of other Users or other parties. Such acts or omissions may include, without limitation, negligent design, manufacture, maintenance and/or operation of motor vehicles; criminal or intentional misconduct of other Users of the Service; and other acts or omissions that may not even be presently foreseeable. IN CONSIDERATION OF SHARE-THERE, AS APPLICABLE, PERMITTING YOU TO REGISTER FOR AND/OR PARTICIPATE IN THE SERVICE, YOU HEREBY FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. YOU FURTHER:
a) RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST SHARE-THERE, BUSINESS Clients AND/OR THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, REPRESENTATIVES AND/OR CONTRACTORS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE "RELEASEES"), WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR REGISTRATION FOR THE SERVICE AND/OR PARTICIPATION IN RIDE SHARING, INCLUDING BUT NOT LIMITED TO CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY OR ALL OF THE RELEASEES;
b) AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY DAMAGE TO THE PROPERTY OF, OR PERSONAL OR BODILY INJURY OR DEATH TO, ANY PARTY, RESULTING FROM YOUR REGISTRATION FOR AND/OR PARTICIPATION IN RIDESHARE; AND
c) AGREE THAT IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE MATERIALS AVAILABLE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SHARE-THERE.
You understand and agree that this Agreement is to be as broad and inclusive as is permitted by the laws of the Province of British Columbia, and that if any portion of this Agreement is held invalid, the remaining terms shall continue in full force and effect. This Agreement shall be binding upon You, as well as Your successors, executors, personal representatives, heirs and assigns.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT, AND THAT YOU VOLUNTARILY WISH TO USE THE SERVICE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.
YOU ARE AWARE THAT BY CLICKING "I have read and agree to the User Agreement- Terms of Service." ON YOUR REGISTRATION, YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU AND/OR YOUR SUCCESSORS, HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.