YUKON RIDESHARE WEBSITE TERMS AND CONDITIONS OF USE
Your use of this website is subject to your agreement on the terms below (the “Agreement”). Please read the Terms and Conditions of Use and the Privacy Statement and click if you accept or decline the terms as outlined below.
By clicking "Yes, I certify that I am 19 years of age and I accept the Terms & Conditions of Use and Privacy Statement", you certify that you are 19 years of age or older and agree to be bound by these Terms and Conditions of Use.
Description of yukonrideshare.com
The City of Whitehorse and Yukon Government (collectively, the “Government”) are responsible for the creation and the administration of yukonrideshare.com.
The purpose of yukonrideshare.com is to reduce greenhouse gas emissions in the transportation sector and maximize the efficiency of the transportation system by establishing carpools, promoting transit and encouraging alternative, active transportation. It is not a fee for service system.
Yukonrideshare.com is a public, online, voluntary matching system provided via a public virtual bulletin board that allows you as a participant, to find and accept ride-match arrangements to assist in carpooling (as passenger or as a driver for other passengers), and partners for walking, cycling and making use of City of Whitehorse Transit (“Matching”). There will be businesses and organizations who will participate in yukonrideshare.com to facilitate Matching and who are referred to in these terms and conditions, collectively with Government, as the “RideShare Partners” or “we”.
Voluntary Nature of System and Assumption of Risk
The website, yukonrideshare.com is offered free of charge and strictly as a convenience to participants. By participating in Matching, you agree that you are entirely responsible for your own safety while using the Matching system. You accept full personal responsibility for any Matching that you arrange through this service. You agree that the RideShare Partners shall not be responsibile for actions of any individuals using yukonrideshare.com, including but not limited to, injuries suffered by you or caused by you as a result of the operation of a motor vehicle or the conduct or actions of any individual you meet through or as a consequence of using this yukonrideshare.com.
You should exercise caution and discretion, and generally take whatever steps you think necessary to ensure your personal safety.
We do not evaluate or insure the character or skill of any drivers or passengers – we do not do criminal conviction or background checks or examine driver abstracts to determine the fitness or not of a driver based on their record. We do not investigate or certify the mechanical fitness of any vehicle nor do we investigate the existence or adequacy of any participant’s insurance coverage. We do not conduct background checks or otherwise evaluate any person who may access information about you at yukonrideshare.com.
Disclaimer of Warranties
Yukonrideshare.com and the information contained on yukonrideshare.com is provided on an "as is" and "as available" basis. RideShare Partners make no warranties of any kind about this information, whether express or implied.
Our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. Users are responsible for ensuring the accuracy and completeness of their own information. We do not evaluate the correctness or truthfulness of the information submitted and are not responsible for any false information submitted.
Any material downloaded or otherwise obtained through the use of yukonrideshare.com is used or downloaded at your own discretion and risk. You are solely responsible for any harm you suffer, including, but not limited to, damage to your computer system or loss of data that results from the download of any such information.
Limitation of Liability
You expressly understand and agree that none of the Rideshare Partners, their officers, directors, employees, agents and third party content providers or licensors shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from:
- The use or the inability to use yukonrideshare.com or the Matching system;
- The cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on yukonrideshare.com or the Matching system;
- Unauthorized access to or alternation of your transmissions or data;
- Statements or conduct of any third party on the service or in or relating to Matching;
- Injuries suffered by you or caused by you as a result of the operation of a motor vehicle or the conduct or actions of any individual you meet through or as a consequence of your use of yukonrideshare.com or the Matching system; or
Any other matter relating to yukonrideshare.com or the Matching system.
You agree to indemnify and hold harmless the RideShare Partners, their directors, officers, employees and agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) your use of or inability to use yukonrideshare.com or the Matching system, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. You further agree to indemnify and hold harmless the RideShare Partners, their directors, officers and employees, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from your participation in or involvement in or use of yukonrideshare.com, or the Matching system.
Participants’ Responsibility for Insurance, Licence and Registration
It is the responsibility of participants in carpool Matching system to notify their insurance provider of their intent to use their vehicle to get to/from work, carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. If you transport persons in your vehicle, you warrant to the persons that you transport that you have a valid driver’s licence, valid vehicle registration and liability insurance covering use of the vehicle for this purpose in the minimum amount of $2,000,000.00.
It is the responsibility of the participant accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed and has adequate insurance to protect both driver and passengers.
You agree that the RideShare Partners are not responsible for verifying or certifying the insurance status of drivers or completing background checks on participants using the Matching system.
You must be at least 19 years old to use the ride-matching system. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer because you are responsible for all activities that occur under your account or password. The Rideshare Partners may modify, deactivate and/or delete accounts they deem to contain inaccurate and/or inappropriate information or which are inactive.
Material on this site, as well as the organization and layout of yukonrideshare.com, is owned and copyrighted, licensed by, or used with permission that is granted to the RideShare Partners. No reproduction, distribution or transmission of any information or material at this site is permitted without the prior written permission of the RideShare Partners.
"Confidential information" means all information or material which: (i) is obtained from password protected portions of yukonrideshare.com or (ii) which is (a) marked "confidential," "restricted," or with another similar marking, (b) known by the parties to be considered confidential, or (c) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. You agree that you will not disclose confidential information submitted by others to any person or entity outside of your organization. You will not use or permit the use of any confidential information except as necessary in connection with yukonrideshare.com Matching.
Registered user Conduct
As a condition of your use of this site:
- You warrant to the RideShare Partners that you will not use this site for any purpose that is unlawful or prohibited by these terms;
- You agree that you will not use this site to arrange to transport persons for financial gain or hire or to circumvent applicable Vehicle for Hire Bylaws;
- You will use your access to yukonrideshare.com solely to arrange Matching for your own purpose and will not use yukonrideshare.com for any other purpose including arranging Matching on behalf of any other person; and
- You will not use yukonrideshare.com to directly or indirectly:
- defame, abuse, harass, stalk or threaten others;
- collect, use or disclose information about others for any purpose other than Matching;
- create a false identity;
- transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
- transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
- interfere with or disrupt networks connected to yukonrideshare.com or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to yukonrideshare.com, other accounts, computer systems or networks connected to yukonrideshare.com; or
- interfere with another member's use and enjoyment of yukonrideshare.com.
If you violate any of these Terms and Conditions of Use, your permission to use yukonrideshare.com automatically terminates. You may not, without the prior written permission of the RideShare Partners, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
We may terminate your access to yukonrideshare.com at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a participant of the system, your only recourse is to discontinue your use of yukonrideshare.com and notify us that you have terminated your participation. Upon termination, your right to use yukonrideshare.com immediately ceases.
This site may contain hyperlinks to websites operated by parties other than the RideShare Partners. We provide these links solely for our users' information and convenience, and the inclusion of these links should not be construed as an endorsement of those sites or their content.
Changes to yukonrideshare.com
The RideShare Partners may make improvements to or changes in the information, services, products, and other materials on this site, or terminate this site at any time. This agreement may be modified at any time, and such modifications shall be effective immediately upon posting of the modified agreement on yukonrideshare.com. Accordingly, you agree to review this agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement. These terms and conditions were last updated on March 29, 2016.
Provision of Services
We may modify, suspend or discontinue any or all of the contents of yukonrideshare.com from time to time in our absolute discretion.
You agree that RideShare Partners may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.
Any dealings with any advertiser appearing on yukonrideshare.com are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
If any portion of these Terms and Conditions of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
These Terms and Conditions of Use and the Agreement are governed by and will be construed in accordance with the laws of Yukon and the laws of Canada applicable in Yukon.
You agree that the courts of Yukon have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement or your use of yukonrideshare.com.
If you have any questions or concerns in relation to yukonrideshare.com or these Terms and Conditions of Use, wish to report unauthorized use of your password or wish to terminate your registration please contact us at Yukonrideshare@whitehorse.ca