Terms and Conditions

Terms and Conditions: VanBr

Rider Agreement

Contractual Relationship

These terms of use govern the use and accessibility by you, an individual, from within the country of Canada, of the applications, website, content, products and services made available to you by VanBr, a private limited liability company established in Canada.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GIVEN SERVICES

Your access to our services and resources are only available to you by agreement in following our terms and conditions. This creates a contractual agreement between you and VanBr. If you do not agree to these terms you are not eligible to access or use any of our services. These terms supersede any prior agreements made with you. VanBr has the right to immediately terminate these terms or any services provided to you, with respect to you, or stop offering you services and denial of use or any portion thereof, at any time for any unjustified reason.

Supplementary terms may apply to certain events and services offered by VanBr, including events and promotions. Such terms will be disclosed to you throughout our application. Supplementary terms are bound by our terms and agreements, and failure to meet such standards will result in your immediate dismissal. Supplementary terms will overshadow these current terms in the event of an accident or conflict with respect to the applicable services.

VanBr secludes the right to provide to a claims processor or an insurer any necessary information (including contact information and any private information disclosed with VanBr) if there is a complaint, accident or breach of terms if such information helps resolve the issue, complaint or conflict.

VanBr may change or update the terms and conditions related to our services at any given time.

***VanBr is a privately owned company that outsources work to third party providers. By agreeing to these terms, you acknowledge that Vanbr does not provide transportation or logistical services or function as a transportation carrier and that all such transportation or logistical services are strictly provided by third party contractors who are not employed by Vanbr or any of its affiliates. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the VanBr App and participating in the Rideshare Services, you agree to accept such risks and agree that VanBr is not responsible for the acts or omissions of Users on the VanBr App or participating in the Rideshare Services.

Restrictions

You may not use VanBr services in the interest of self gain. All services provided to you by VanBr is provided to you with the intent of both the contractor and company becoming profitable.

Third Party Service And Content

These services may be provided to you through third party companies such as Apple Inc., Google Inc., Blackberry Inc., Microsoft Inc. (including advertising) that VanBr does not control. you acknowledge that any terms and conditions agreed upon by third party providers are not subject to VanBr’s terms and conditions, and that VanBr does not endorse these third party services and content and in no event shall be responsible or liable for any products or services provided by such third party companies.

Ownership

The services provided to you are the property of VanBr. These terms and conditions do not grant you the right to use or reference in any way, shape or form VanBr’s names, products, logos, or services.

Your Use Of The Services

In order to use most aspects of the Services, you must register for and maintain an active user account. You must be at least 18 years of age to obtain an account. Account registration requires you to submit to VanBr certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or VanBr’s termination of these Terms with you. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by VanBr.

User Requirements

You may not allow others to use your personal account. You agree to comply with all applicable laws when using the Services. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

User Provided Content

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by VanBr in its sole discretion, whether or not such material may be protected by law. VanBr may, review, monitor, or remove User Content at any time.

Network Access And Devices

Vanbr advises you to use the VanBr App with a data plan with unlimited or high data usage limits. You are solely responsible for providing yourself with the data network access necessary to use our services. Charges by your personal mobile network may apply in using one’s data. VanBr is not responsible for any charges that may be given to you. You are solely responsible for any charges you may have received through your mobile networking company. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates moving forward. VanBr does not guarantee that the Services, or any portion of the application, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider. After you have received services or goods obtained through your use of the Service, VanBr will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by VanBr.

All Charges are due immediately, and payment will be collected by VanBr using the preferred payment method on your Account, after which VanBr will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that VanBr may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

VanBr may from time to time give certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. VanBr does not designate any portion of your payment as a tip. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repairs And Cleaning

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by VanBr in VanBr’s reasonable discretion, VanBr reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by VanBr to the applicable Third Party Provider and are non-refundable.

Disclaimer

The following disclaimers are made on behalf of VanBr, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

VanBr does not provide transportation services, and is not a transportation carrier. VanBr is not a common carrier or public carrier. It is up to the driver to decide whether or not to offer a ride to a Rider contacted through the VanBr App , and it is up to the rider to decide whether or not to accept a ride from any Driver contacted through the VanBr App. We cannot ensure that a driver or rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.

The VanBr App is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from the use of the VanBr App and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. VanBr reserves the right, for example, to limit or eliminate access to the VanBr App for Rideshare Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in the law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the VanBr App or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the VanBr App will be corrected, or that the Vanbr App is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the VanBr App or Rideshare Services.

We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the VanBr App and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the VanBr App by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

You are responsible for the use of your User account, and VanBr expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VANBR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VANBR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VANBR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

VANBR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF VANBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VANBR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF VANBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VANBR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VANBR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

You agree to indemnify and hold VanBr and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (1) your use of the services or services or goods obtained through your use of the services; (2) your breach or violation of any of these Terms; (3) VanBr’s use of your user content; or (4) your violation of the rights of any third party, including Third Party Providers.

Driver Agreement:

ANY PARTICIPATION IN THIS SERVICE (VANBR) WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IN ADDITION, WHEN USING VANBR, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THIS SERVICE. IF YOU DO NOT AGREE TO THE ABOVE, PLEASE DO NOT USE VANBR.

-Minimum age to be a driver is 25.

-Motor Vehicle Record and Criminal Record Check

Complete online.

Online: Once your Driver’s Licence and Vehicle Registration is uploaded, you’ll receive an email with a link to complete your two screenings. Gather two pieces of ID to complete your screening online.

These safety screenings need to be conducted annually: When your screening is about to expire, you’ll be asked to complete a new MVR and Criminal Record Check.

Criteria.

-At least three years of driving history is required

-No more than three minors and no more than eight demerit points in the last three years

-No major violations in the last 3 years

-No suspensions other than those due to unpaid fines/medical reasons

VanBr collects your personal information when you voluntarily provide it to us. We will not disclose any personal information to any third party unless (1) you have authorized us to do so; (2) we are legally required to do so.

The Site (VanBr) and its original content, features, and functionality are owned by Quoc Sinh Hoang and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

VanBr has the right to immediately terminate these terms or any services provided to you at any time without reason.

VanBr does not accept responsibility or liability for anything that may happen while a driver is driving for the company. The driver accepts full responsibility, as they are third party contractors.

By providing services as a VanBr driver, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle, and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide rideshare services.

You own, or have the legal right to operate, the vehicle you use when providing rideshare services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and any and all applicable safety recalls have been remedied per manufacturer instructions.

You will only provide Rideshare Services using the vehicle that has been reported to, and approved by VanBr, and for which a photograph has been provided

You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.

You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.

Driver’s Responsibilities:

– A driver for VanBr must supply their own equipment necessary for driving and accepting jobs. (Including but not limited to, smartphone, data, charger, vehicle, etc.)

– Drivers are solely responsible for their own gas, vehicle and equipment maintenance.

– All vehicles used to drive for VanBr must meet basic safety standards.

– VanBr drivers must not accept payment directly from the customer. All monies will go from the customer to VanBr, and from VanBr to the driver

– Drivers must meet all of the requirements set out by VanBr, as well as requirements set out by their respective city’s by-laws

Every driver must:

– Immediately report any suspension of his Ontario Driver’s Licence to Vanbr

– Ensure that any vehicle operated on behalf of VanBr meets the standards required for the issue of a Safety Standards Certificate at all times

– Provide VanBr with a new digital photograph of themselves to be used when driving for VanBr. In the likeliness that the original photograph provided to the TNC does not have a reasonable likeness and/or clear image of themselves because of physical changes to the appearance, the passage of time, the poor quality of the photography or the deterioration of the photograph, each driver will be required to provide a new photo

– Produce their Ontario driver’s licence, the vehicle’s motor vehicle permit issued pursuant to the Highway Traffic Act, and evidence that they are operating pursuant to a TNC Platform immediately upon the request of any Officer

Each driver must ensure that the VanBr Identification Decal adheres to the following requirements:

– Displays a logo or name of VanBr through which the driver is providing transportation services to passengers

– The VanBr logo must be located in the front windshield, on the passenger side

– The logo must be visible from the exterior and unobstructed

– The logo must have a glare-free surface

– The logo should be positioned to avoid shadow areas and glare

– The logo should be consistently shaped and coloured using text that is high colour contrasted with its background and has the appearance of solid characters

VanBr Drivers should refrain from the following:

– Shall not solicit any person to take or use the vehicle he or she is driving

– Shall not accept requests for transportation services that are not pre-arranged using the Vanbr Application, including hail, whether on the street or in any manner or any other location

– Shall not take, consume or have in your possession any intoxicant

– Shall not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive

– Shall not permit an unauthorized third party to accompany you in the vehicle while providing rideshare services

– Shall not provide services as a driver while under the influence of alcohol or drugs

– Shall not take action that harms or threatens to harm the safety of VanBr or third parties

– Shall not employ or permit any runner or other person to assist or act in concert with him or her in obtaining any passenger

– The number of passengers shall not exceed the number of seat belts inside the vehicle. (not including the driver)

– Shall not take on any additional passenger(s), except with permission of the passengers already in the TNC Vehicle;

– Shall not operate a vehicle that is more than ten (10) model years old

– Vehicle shall not be more than 4500 KG’s 

– Shall not smoke/vape or permit any passenger to smoke/vape in the TNC Vehicle

– Shall not refuse to serve a person with a disability or fail to permit a service animal to enter the TNC Vehicle

– Shall not attempt to defraud VanBr or Riders on the VanBr App or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.

I have read and agree to the terms and conditions.