1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Ontime Limos., a company with its registered office at 94 Kendale Dr Winnipeg, Mb., by which expression includes our representatives, administrators, permitted assigns and affiliates.
This Agreement governs your use of the Ontime Limos website, call centre and technology platform (collectively, the “Ontime Limos Platform”). In Manitoba, the right to operate the Ontime Limos Platform is licensed by the Ontime Limos. And the Dispatcher licensed is issued by the City of Winnipeg, Manitoba to operate in the jurisdiction of Manitoba provides you the right to access and use the Ontime Limos Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE Ontime Limos PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Ontime Limos PLATFORM.
Your access and use of the Ontime Limos Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Ontime Limos. Ontime Limos may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Ontime Limos Platform or any portion thereof, at any time for any reason without notice.
Ontime Limos may amend this Agreement from time to time. Amendments will be effective upon Ontime Limo’s posting of an updated Agreement at this location. Your continued access or use of the Ontime Limos Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the Ontime Limos Platform is as provided in Ontime Limo’s Privacy Policy located at http://www.onlineshuttle.ca/privacy-policy/ . Ontime Limos may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Ontime Limos Platform
The Ontime Limos Platform provides transportation network which functions as a marketplace where persons who seek transportation to certain destinations (“passenger”) can be matched with persons driving to those destinations (“Driver / Chauffeur”). For purposes of this Agreement, the driving services provided by Driver / Chauffeur to Users that are matched through the Driver / Chauffeur Platform shall be referred to collectively as the “Driving Services”. Any decision by a Passenger to accept Transportation Services is a decision made in such Passenger’s sole discretion. Each transportation Driving Service provided by a Driver / Chauffeur to a passenger shall constitute a separate agreement between such persons. Ontime Limos is responsible to keep the record of all transportation service up-to 3 years.
YOU ACKNOWLEDGE THAT ONTIME LIMOS DON’T PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY THE PERSONAL TRANSPORTATION PROVIDERS WHICH IS INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE ONTIME LIMOS.
Ontime Limos Platform Ownership.
The Ontime Limos Platform and all rights therein are and shall remain Ontime Limo’s property. Neither this Agreement nor your use of the Ontime Limos Platform convey or grant to you any rights: (i) in or related to the Ontime Limos Platform except for the limited license granted above; or (ii) to use or reference in any manner Ontime Limo’s company names, logos, product and service names, trademarks or services marks.
3. Use of the Ontime Limos Platform
In order to use most aspects of the Ontime Limos Platform, You must be at least 18 years of age to to get Limousine service and agree to provide your name, address, mobile phone number.
User Requirements and Conduct.
The Ontime Limos Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You agree to comply with “vehicle-for-hire by-law” when using the Ontime Limos Platform, and you may only use the Ontime Limos Platform for lawful purposes. You will not, in your use of the Ontime Limos Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver / Chauffeur, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access Limousine Service
OR use the Ontime Limos Platform, and you agree that you may be denied access to or use of the Ontime Limos Platform if you refuse to provide proof of identity or due to offensive behavior.
Communications. By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems as per vehicle-for-hire by-law. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact ontimelimos786@gmail.com and/or review the Privacy Policy for further information.
4. Charges and Payments
As a passenger, you agree to pay the amount charged by Ontime Limos (the “Ontime Limos fare”) and amounts charged by Chauffeur for providing Driving Services to you (“ Executive car or Limousine Trip Charges”).
After you have received transportation services from a Driver / Chauffeur, Ontime Limos: (i)may facilitate your payment of the applicable Trip Charges on behalf of the Chauffeur as such Chauffeur’s limited payment collection agent and (ii) may collect any applicable Ontime Limos Fee directly from you or, in the case of a cash payment, where passenger received limousine service from the relevant Chauffeur. Trip Charges and Ontime Limos Fees will be inclusive of applicable taxes where required by law. Trip Charges and Ontime Limos Fees paid by you are final and non-refundable, unless otherwise determined by Ontime Limos. Ontime Limos will respond accordingly to any request from a Driver / Chauffeur to modify the Trip Charges for a particular transportation Service.
All Trip Charges and Ontime Limos Fees are due immediately and payment will be facilitated by Ontime Limos using the preferred payment method designated, after which Ontime Limos 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 Ontime Limos may, on its own behalf, and as the Driver / Chauffeur limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Ontime Limos, Ontime Limos reserves the right to establish, remove and/or revise Ontime Limos Fees at any time in Ontime Limo’s sole discretion. Trip Charges may also be varied or revised at any time with your consent. Further, you acknowledge and agree that Trip Charges and Ontime Limos Fees applicable in certain geographical areas may increase substantially during times of high demand. Ontime Limos will use reasonable efforts to inform you of Trip Charges
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Driver / Chauffeur vehicles and property resulting from use of the Ontime Limos Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Ontime Limos in reasonable discretion, Ontime Limos reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver / Chauffeur using any of your payment methods. Such amounts will be transferred by Driver / Chauffeur to the applicable Driver / Chauffeur and are non-refundable.
5. Restricted Activities
With respect to your use of the Driver / Chauffeur Platform and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the transportation Services or the Ontime Limos Platform or the servers (v) post information or interact on the Ontime Limos Platform or Transportation Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the Ontime Limos Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ontime Limos Platform (ix) “frame” or “mirror” any part of the Ontime Limos Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ontime Limos Platform or any software used on or for the Ontime Limos Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the Ontime Limos Platform or access to any portion of the Ontime Limos Platform (xii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ontime Limos Platform or its contents (xiii) link directly or indirectly to any other websites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.
6. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE ONTIME LIMOS PLATFORM AND TRANSPORTATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ONTIME LIMOS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CAREEM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE ONTIME LIMOS PLATFORM, TRANSPORTATION SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE ONTIME LIMOS PLATFORM, OR THAT THE ONTIME LIMOS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. ONTIME LIMOS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF DRIVER / CHAUFFEUR. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE ONTIME LIMOS PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER VEHICLE-FOR-HIRE BY-LAW.
Ontime Limos is not responsible for the conduct, whether online or offline, of any Passenger or Driver / Chauffeur using the Ontime Limos Platform or undertaking Transportation Services. You are solely responsible for your interactions with other Passengers or with Driver / Chauffeur. We only check police clearance certificate, Driver’s abstract, Child abuse certificate, Manitoba driving license and within 30 days vehicle inspection to register the driver under Ontime Limos platform. Driver / Chauffeur is responsible to return for, personal belongings left in the vehicle by the Passengers. By using the Ontime Limos Platform and participating in the Driving Services, you agree to accept such risks and agree that Ontime Limos is not responsible for the acts or omissions of Passengers or Driver / Chauffeur on the Ontime Limos Platform or participating in the transportation Services.
LIMITATION OF LIABILITY.
ONTIME LIMOS 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 O PLATFORM ONTIME LIMOS TRANSPORTATION SERVICES, EVEN IF ONTIME LIMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONTIME LIMOS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE ONTIME LIMOS PLATFORM OR THE TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE HIRE PLATFORM OR THE TRANSPORTATION SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER / CHAUFFEUR. ONTIME LIMOS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVER / CHAUFFEUR PROVIDING TRANSPORTATION SERVICES ARE LICENSED OR PERMITTED AS PER VEHICLE-FOR-HIRE BY-LAW. IN NO EVENT SHALL ONTIME LIMO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE ONTIME LIMOS PLATFORM OR THE TRASNPORTATION SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION COVERED BY THE COMMERCIAL GENERAL LIABILITY AS PER VEHICLE-FOR-HIRE BY-LAW.
THE ONTIME LIMOS PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH DRIVER \ CHAUFFEUR BUT YOU AGREE THAT ONTIME LIMOS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY DRIVER \ CHAUFFEUR OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
7.Passenger property retrieval policy
Driver/Chauffeur must need to return passenger property which is left in the vehicle by the passenger. Driver/Chauffeur is responsible to return Lost & Found Property to its owner within 24hrs or need to drop-off it in the dispatch office of Ontime Limos within 48hrs. The officer of the Company receiving the property will attempt to notify the owner when the property is received. All items surrendered to the Dispatcher office shall be stored in the secure storage area.
Lost property Procedure:
The passenger can obtain his lost property through following procedure.
- Contact to Driver for drop-off lost item
- If the passenger notify within 24hrs that he/she left his property in the vehicle need to take these steps
- Call directly to driver if passenger have driver’s cell number to find lost Property, OR
- Passenger need to call Dispatcher office at 1-204-999-4777, and mention pickup time and location. So dispatcher will contact driver to return Passenger’s property.
- Driver will drop-off your item within 2hrs which is found by the driver in his vehicle with a service charge of $10.00
- Contact to Dispatcher for pick-up lost item
- If the Passenger notify after 24hrs that he/she left his property in the vehicle need to take these steps
- Click on the following link http://www.onlineshuttle.ca/contact-2/
- Fill up the Form with your full name, Email, subject, and in the message you need to describe detail of your lost item, pickup and drop-off location, Trip Booking time, (Driver name, Limousine number if possible) OR
- If you don’t know any of the above information, you can call at 1-204-999-4777 for immediate assistance, so we will reach driver to find-out your lost item.
- Passenger must need to come our dispatch office to pick up the lost item, if he/she notify after 24hrs.
- Passenger must need to provide the true description of lost item before to obtain it and the officer of the company is responsible to receive identity of the passenger before to return the lost item.
Found Property procedure: The passenger need to notify driver/chauffeur, if he/she found any property in the vehicle during the Ride. Driver/Chauffeur is responsible to drop-off this property in dispatcher office, where officer of the company will try to find out the original owner of the property.
8. Dispute Resolution
Complaint process.
Passenger can file complaint against the transportation service of Ontime Limos. Passenger need to mention reason of complaint.
Any complaint received from passenger will be dealt very seriously and dispatcher of Ontime Limos will keep the record of these complains upto 5 years. Ontime Limos encourage passenger to file complain either by email or by phone call.
– Any complaint filed through email would be responded within 24 hours.
-Any complaint filed through phone call would be responded immediately.
All the communication of complainant and response of the dispatcher would be saved in written form in computer, which can be forwarded to the Vehicle for Hire department upon the request of designated employee.
Ontime Limos contact information to file a complaint
94 Kendale Drive, Winnipeg, Mb.
phone # 2049994777
Email: ontimelimos786@gmail.com
Arbitration.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Ontime Limos Platform or Transportation
Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Ontime Limos. You acknowledge and agree that you and Ontime Limos are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Ontime Limos.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Ontime Limos Platform or this Agreement, including those relating to its validity, its construction or its enforce-ability (any “Dispute”) shall be first mandatory submitted to mediation proceedings under the “vehicle-for-hire by-law. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Rules of vehicle-for-hire bylaw. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the City Hall, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the Vehicle-for-hire by-law of the Bill-30, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to Manitoba.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Ontime Limos at ontimelimos786@gmail.com Notice.
Ontime Limos may give notice by means of a general notice on the Ontime Limos Platform, electronic mail to your email address, or by written communication sent to your address as set forth in your Account. You may give notice to Ontime Limos by written communication to Ontime Limo’s email address at ontimelimos786@gmail.com.
General.
You may not assign or transfer your rights under this Agreement in whole or in part without Ontime Limo’s prior written approval. You give your approval to Ontime Limos for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Ontime Limo’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Ontime Limos or any Driver / Chauffeur as a result of the contract between you and Ontime Limos or use of the Ontime Limos Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforce-ability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.