Last Updated: February 17, 2021
Use of the Platform
You will be required to successfully register for a user account (the “User Account”) using the available interfaces at the Platform, including without limitation, by signing into the Platform using your user account (“User ID”) in order to use the Platform and communicate with Drivers through the Platform. Spare may, at its sole discretion, elect not to recognize your User ID or require you to provide additional information. You will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Spare, including without limitation account names. Spare reserves the right to disable any User Account issued to you at any time in Spare’s sole discretion. If Spare disables access to a User Account issued to you, you may be prevented from accessing Spare, your account details or any Rides that are associated with your account.
Term and Termination
Ride Agreements with Drivers
If you wish to request a Ride on the Platform, you may be required to provide a valid credit or debit card to our third party payment processor. All disputes regarding charges to your credit or debit card are between you, the applicable Driver and such third party payment processor and Spare will in no way be responsible for the resolution of any such disputed charges. If you select a Driver for a Ride through the Platform, you may separately enter into an agreement with that Driver on such terms and conditions as may be agreed to between you and that Driver (“Ride Agreement”). You understand that you are engaging directly with the Driver you select and not Spare, and that Spare is not a party to and will be in no way responsible for the performance of either you or the Driver under any Ride Agreement. Without limiting the foregoing, you understand and agree that the Driver will not be an employee of Spare. Spare does not make any representations or warranties of any kind in respect of a Driver or a Ride Agreement and you acknowledge that Spare is not an agent or representative of you or any Driver. You are responsible for managing, inspecting, accepting and paying for services provided under a Ride Agreement in accordance with the terms and conditions thereof. You also agree to act in good faith when negotiating and performing your obligations under each Ride Agreement.
If you fail to perform your obligations under the Ride Agreement, Spare at its sole discretion may suspend your User Account or prevent you from using the Platform.
YOU ACKNOWLEDGE THAT SPARE DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR ACT AS A TRANSPORTATION CARRIER AND ALL TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS.
You will pay Spare a fee that is calculated dynamically with each Ride (the “Fee”). You may be responsible for paying such amount even if you cancel a Ride after being matched with a Driver.
Reviews and Comments
Spare takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Spare has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to the terms relating to Submissions in this Section, do not provide us with any Submissions. You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. Spare may take down any Submissions for any reason at any time without notice to you. You will not post or transmit to or from the Platform: (a) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy, or that would violate any applicable law; (b) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (c) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other intellectual property or proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform.
No Unlawful or Prohibited Use
You will not, without Spare’s prior written permission, use the Platform and the Content for purposes other than the Platform Services. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any website; (2) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Spare’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Ride, the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Rides, including without limitation any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or a Ride; (8) use the Platform or any Ride or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Ride Agreement and only in the exact manner specified and enabled by therein; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content; (11) create adaptations, translations, or derivative works based on the Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (13) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Spare in its sole discretion.
Third Party Websites
The Platform may provide links to third party websites. Spare does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Spare’s control, and if you choose to access any such web site, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. Spare cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.
Communications Not Confidential
Spare does not guarantee the confidentiality of any communications made by you through the Platform. Although Spare generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Spare cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or any Rides.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. SPARE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, SPARE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM. DRIVER AND RIDE REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SPARE DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SPARE MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC DRIVERS OR RIDES. WITHOUT LIMITING THE FOREGOING, SPARE MAKES NO GUARANTEES ABOUT ANY DRIVER’S ABILITY TO FULFILL ITS OBLIGATIONS WITH RESPECT TO A RIDE OR RIDE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY OF ANY DRIVER TO PERFORM ANY SERVICES IN A WORKMAN-LIKE OR PROFESSIONAL MANNER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND THE CONTENT (OR ANY PART THEREOF) WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL SPARE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SPARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT OR ANY RIDE AGREEMENT. DRIVERS MARKETING THEIR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SPARE. SPARE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY DRIVERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY RIDES OR RIDE AGREEMENTS ENTERED INTO BY YOU AND ANY DRIVERS, INCLUDING, WITHOUT LIMITATION, IN RESPECT OF ANY LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES YOU MAY INCUR OR BECOME LIABLE FOR, WHETHER UNDER CONTRACT, COMMON LAW, STATUTE OR OTHERWISE, ASSOCIATED WITH THE TERMINATION OR CESSATION OF ANY RIDES OR RIDE AGREEMENTS FOR ANY REASON (COLLECTIVELY, “TERMINATION DAMAGES”). YOU AGREE TO INDEMNIFY SPARE AND HOLD US HARMLESS FROM ANY DAMAGES (INCLUDING TERMINATION DAMAGES) THAT ANY DRIVER OR OTHER THIRD PARTY MAY BECOME ENTITLED TO IN RESPECT OF ANY RIDE OR RIDE AGREEMENT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless Spare and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
your violation of any applicable law or the rights of a third party (including, without limitation, privacy or intellectual property rights);
your use of the Platform;
breach of or failure to perform under any Ride Agreement by you or by any third party acting on your behalf or with your permission; or
any claim or allegation that a Driver is an employee of Spare in connection with any Ride or Ride Agreement.
Geographic Application of the Platform
Not all of the Drivers, Rides and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law.
Governing Law and Jurisdiction
Entire Agreement, Waiver and Severability
Apple App Store Additional License Terms
You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints, or claims with respect to the Application. Name: Kristoffer Vik Hansen Address: 810-815 W Hastings St, Vancouver BC V6C 1B4, Telephone Number: (778) 995-6401 Email Address: [email protected]