Terms of Service

1. Common Definitions

• Member: Any registered user of the Service, including Drivers, Passengers, or both.
• Driver: An individual who uses the Service to offer empty seats in their vehicle for Passengers to share.
• Passenger: A person who uses the Service to reserve and book a seat in a Driver's vehicle.
• Trip: A planned journey from a starting point to a destination at a specific date and time, including details such as pick-up and drop-off locations, available seats, and space for personal belongings. The Trip is organized and managed by a Driver.
• Service: The facility provided by QuikHitch to connect Members to aid in their Trips.
• Account: A profile created by a Member to access and use the Service.
• Booking: The process of securing a seat on a Trip through the Service before the journey begins.
• Request: A post created by a Passenger seeking a Trip between specific locations on a particular date or asking one of the Drivers travelling to their required locations.
• Contribution or Trip Cost: The agreed amount a Passenger pays to the Driver to help cover the cost of a Trip. The Contribution is not intended to generate profit for the Driver.
• Payment Method: The way Passengers pay Drivers for their share of Trip Cost.
• Cancellation Allowance: The ability for Drivers to cancel one Trip with confirmed Passengers or one Booking every six months without penalties.
• Taking a Ride, Carpool, Ride-sharing or Carpooling: The act of sharing a journey in a vehicle between a Driver and Passenger(s) in exchange for a Contribution.

2. Changes to the Terms and Conditions

QuikHitch reserves the right to update, modify, or amend these Terms and Conditions at any time, including all financial fees, such as Contributions and Booking Fees without any prior notice. We will provide notice of any changes by updating the "Last Updated" date at the top of this document. A log of changes may also be maintained for tracking purposes. By continuing to use the Service, you agree to be bound by the updated Terms and Conditions. If at any point any of the Terms and Conditions are not acceptable to you then you can proceed to stop using our services.

3. Your Responsibilities

As a Member of QuikHitch, you agree to:

• Provide accurate and truthful information in your Account and all communications with other Members.
• Verify your Account using your email address or phone number as requested during the registration process.
• Acknowledge that QuikHitch does not conduct background checks, investigate reputations, review conduct, or verify the morality, criminal history, or other details of its Members. You are solely responsible for using your judgment, practicing caution, and assessing the suitability of others you interact with through the Service.
• Fulfill your commitments during any transaction, such as showing up on time, providing safe and reliable transportation (Drivers), or making timely payments (Passengers).
• Accept that QuikHitch acts as a facilitator only and is not responsible for any disputes or issues that arise between Members.

3.1 Release from Claims

By using our Service, you acknowledge that in the event of a disagreement or dispute with another Member, QuikHitch and its affiliates are not liable for any claims, demands, or damages (whether direct or indirect). This includes all types of losses, whether known, unknown, suspected, or unexpected, unless otherwise prohibited by law. For example, in regions governed by specific consumer protection laws, such as the Loi sur la protection du consommateur québécois, this limitation may not apply.

4. Community Conduct Rules

To maintain a safe and respectful community, all Members must adhere to the following conduct rules:

• Respect and Safety: Treat other Members with respect and courtesy. Harassment, discrimination, or abusive behavior will not be tolerated.
• Punctuality: Arrive at the agreed pick-up and drop-off points on time.
• Vehicle Standards (Drivers): Ensure your vehicle is safe, clean, and roadworthy, with enough seats and space as advertised in the Trip listing.
• Overbooking: Drivers should be careful in posting no. of seats and accepting Passengers so as to not overbook their rides.
• Passenger Etiquette: Passengers must respect the Driver's vehicle, follow their rules (e.g., no smoking), and avoid disruptive behavior.
• Prohibition of Illegal Activities: The Service must not be used for any illegal activity, including but not limited to transporting illegal goods or engaging in fraud.
• Age Requirement: All Members must be at least 18 years of age to use the Service.

4.2 Reporting Misconduct

If you encounter any misconduct during a Trip or interaction with a Member, please report it immediately through the "Contact Us" section on our platform. Severe cases of misconduct, such as:

• Harassment or discrimination
• Physical violence
• Theft
• Drug or alcohol abuse
• Unsafe driving behavior

should also be reported to the appropriate authorities. QuikHitch will cooperate with law enforcement as needed to ensure safety and compliance.

5. Conditions for Use and Access of the Service

5.1 Use and Access of the Service

• The Service is solely intended to connect Drivers and Passengers for Carpooling in a private, non-commercial capacity. No commercial activities are permitted unless explicitly agreed upon through a separate contract with QuikHitch.
• Drivers are not allowed to make a profit from any Trip. Contributions must only offset the Driver's actual costs and cannot be used to generate income.
• Drivers must not offer or provide additional services for profit, such as delivering packages, waiting at pick-up points, arranging extra drop-off or pick-up points, or transporting additional Passengers beyond those already pre-approved through the Service.
• All Trip details, including pick-up and drop-off locations, must be agreed upon through the Service in advance.
• Drivers must not post speculative Trips. Trips should only be posted when the Driver is fully certain of their travel plans.
• Drivers using the application to post Trips must have a valid and active driver's license and insurance policy.
• Using the Service in a professional or commercial capacity may invalidate a Driver's insurance. QuikHitch is not liable for any breach of agreements or Terms by Members.
• QuikHitch solely provides a platform for Members to connect and arrange Carpooling. The platform does not offer transport services or interfere with Trip schedules, destinations, or arrangements.
• Any violation of these Terms will result in immediate suspension of the Member's Account.

5.2 Access to the Platform Apps

To use the Service, Members must create an Account. The registration process includes:

5.3 Eligibility to Use the Platform

• QuikHitch provides a platform that allows Members to arrange Carpooling. Passengers must contact Drivers through the Service to finalize arrangements.
• The eligibility of Members to access the Carpooling Service is at QuikHitch's discretion. We reserve the right to revoke access at any time.

5.4 Service Conditions

All functions of the Application require an active internet connection. QuikHitch cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the application outside of a Wi-Fi area, your mobile network provider's agreement terms still apply. You may incur charges from your mobile provider for data usage during the connection to the application.

We may wish to update the application at any time. QuikHitch does not guarantee that it will always update the application to be relevant or compatible with your operating system version. However, you agree to always accept updates when offered.

QuikHitch reserves the right to:

• Limit the Service to specific groups of Members or restrict availability to certain destinations without any further notice.
• Make exceptions to policies at its sole discretion.

6. Description of the Service

QuikHitch is a platform designed to facilitate Carpooling by connecting Drivers offering seats in their vehicles with Passengers looking for rides. Members can create and manage Trips, communicate via messages, and complete Bookings through the app. All financial transactions are securely processed online.

6.1 Trips

Trips are created and managed by Drivers, specifying details such as departure time, pick-up and drop-off points, and available seats. Passengers can search for suitable Trips and book them directly or through Requests.

6.1.1 Messages

The messaging feature allows Drivers and Passengers to communicate through the platform to clarify Trip details, confirm other logistics, or address concerns.

6.1.2 Bookings

6.1.2.1 Request to Book: Passengers can send a Booking Request to a Driver, who must approve the request before the Booking is confirmed.

6.1.2.2 Instant Book: For Trips marked as "Instant Book," Passengers can confirm a Booking immediately without requiring Driver approval.

6.2 Payments

QuikHitch does not process payments within the app. All payments for rides must be discussed and agreed upon directly between the Driver and Passenger prior to the ride. Drivers and Passengers should negotiate to get comfortable partial payment preferably before the ride happens and full payment by the time the ride completes. This approach promotes transparency and accountability for both Drivers and Passengers. We strongly encourage all users to communicate clearly and respectfully to uphold the integrity of the QuikHitch community. We also strongly encourage users to protect themselves from scams and frauds by communicating through our in app messaging feature.

7. Community Etiquette and Trip Guidelines

To maintain a positive, respectful, and reliable experience for all Members, the following rules must be followed before, during, and after every Trip:

7.1 Before the Trip

7.2 During the Trip

7.3 After the Trip

8. Cancellations, No-Shows, and Dispute Policies

This section outlines the guidelines for handling cancellations, no-shows, and disputes between Drivers and Passengers to maintain a fair and reliable Carpooling experience.

8.1 Driver Cancellation Policy

• Drivers can cancel a Trip without any approved Passengers at any time without facing penalties.
• Drivers are allowed one "Cancellation Allowance" every six months. A second cancellation within the same six-month period will result in their Account being reviewed and potentially blocked.

When a Driver cancels a Trip with approved Bookings:

8.2 Driver No-Show Policy

• A Driver failing to show up for a Trip with approved Passengers is considered a serious violation and may result in immediate Account termination.
• If a no-show is reported, QuikHitch will investigate and take appropriate action based on verification and fault determination.

8.3 Passenger Cancellation Policy

• A Passenger can withdraw their Booking request before Driver approval.

Repeated cancellations by a Passenger may result in the closure of their Account.

8.4 Passenger No-Show Policy

If a Passenger does not show up for a booked Trip:

• A no-show review can be added to the Passenger's profile.
• QuikHitch reserves the right to block the Passenger's Account if their actions negatively impact other Members.

8.5 Account Deletion

• If a user (driver or passenger) deletes their account while having an active booking, the booking will be canceled.
• In cases where a passenger deletes their account with an active booking, the driver is free to seek another passenger.
• Upon account deletion, users may lose access to our services.

8.6 Disputing Cancellations for Bookings

• Disputes regarding a Booking, Cancellation, or Payment must be raised within two (2) days of the scheduled Trip departure.
• QuikHitch holds the right to make the final decision in any kind of disputes and Members will agree on the decision made by us.
• To raise a dispute, Members may contact the support provided by QuikHitch.

9. Anti-Discrimination and Anti-Harassment Policies

9.1 Anti-Discrimination Policy

QuikHitch fosters an inclusive and diverse community and operates as an "equal opportunity platform." Discrimination of any kind will not be tolerated within our community. This includes, but is not limited to, discrimination based on race, ethnicity, religion, national origin, gender, sexual orientation, disability, or age. Any verified allegations of discriminatory behavior may result in temporary suspension or permanent closure of the offending Member's account.

9.2 Anti-Harassment Policy

QuikHitch is committed to providing a safe and respectful environment free from harassment for all Members. Harassment based on a person's race, ethnicity, gender, age, religion, national origin, disability, or any other legally protected characteristic is strictly prohibited. All Members must adhere to this policy. Any Member bringing forward a complaint of harassment will not face retaliation or adverse effects for reporting the issue. Verified harassment allegations may lead to warnings, account suspension, or permanent closure of the offending Member's account.

9.3 Anti-Sexual Harassment Policy

Sexual harassment is strictly prohibited and encompasses any unwelcome or offensive behavior of a sexual nature. Examples of prohibited conduct include but are not limited to:

• Unwanted physical contact.
• Sexual propositions or explicit comments.
• Offensive jokes, gestures, or remarks of a sexual nature.
• Sharing or displaying pornographic or sexually explicit content.
• Taking unknown and inappropriate pictures of any of the Members.
• Using the QuikHitch platform to share or access sexually explicit material.

Verified allegations of sexual harassment will result in immediate and appropriate action, which may include preventive or permanent closure of the Member's account.

9.4 Reporting and Investigations

If a Member feels they have been subjected to discrimination, harassment, or sexual harassment, they should report the matter immediately to appropriate authorities and then to QuikHitch through the designated support channels. Upon receiving a complaint, QuikHitch will:

• Promptly investigate the report while maintaining discretion and confidentiality to the extent possible.
• Take corrective action, where appropriate, including issuing warnings, account suspensions, or permanent account closures.

Members are encouraged to report incidents without fear of retaliation, as QuikHitch is committed to maintaining a respectful and harassment-free environment for all.

By adhering to these policies, Members contribute to making QuikHitch a safe, inclusive, and welcoming community for everyone.

10. Privacy Policy

At QuikHitch, we value your privacy and are committed to protecting your personal information. We understand the importance of maintaining your trust while using our Service. Our platform is designed to allow Members to share only essential Trip details, such as dates and locations, with other Members. Any additional personal information collected from you will be handled responsibly and will not be displayed publicly without your consent.

By using our Service and agreeing to these Terms of Service, you also agree to abide by our Privacy Policy. For more details on how we collect, use, and safeguard your information, please review our Privacy Policy.

11. Liability, Warranties, Indemnity, Intellectual Property, and Other Legal Matters

11.1 Limits of Liability

To the fullest extent permitted by law, including but not limited to the provisions of the Loi sur la protection du consommateur for Québec residents, QuikHitch shall not be held liable for any damages of any kind, whether direct, indirect, incidental, general, special, consequential, exemplary, or punitive. This includes but is not limited to damages arising from:

• Your use or inability to use our Service.
• The cost of replacement goods, services, or information obtained through our Service.
• Unauthorized access to, disclosure of, or alterations to your content.
• Loss or corruption of data, service interruptions, or substitute services.
• Conduct or actions (online or offline) by Members or individuals introduced through the Service.
• Any data or other telecommunication plan charges accrued during the use of our Service.
• Any other matters relating to the use of our Service or these Terms.

In any event, QuikHitch's liability for any claim shall not exceed a maximum of $25.

11.2 Disclaimer of Warranties

To the fullest extent permitted by law, including under the Loi sur la protection du consommateur for Québec residents, if you use our Service, you do so at your own risk. Our Service is provided "as is" and "as available," without any warranties of any kind.

We specifically disclaim and you waive:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any assurance that the Service will meet your requirements or expectations, operate uninterrupted, or be free of errors.
• Guarantees regarding the accuracy or reliability of information obtained through the Service.
• That any software or data errors will be corrected.

11.3 Indemnity

To the fullest extent permitted by law, including under the Loi sur la protection du consommateur for Québec residents, you agree to defend, indemnify, and hold harmless QuikHitch and its affiliates from any claims, demands, damages, losses, costs, or expenses, including reasonable attorney's fees, arising from:

• Your use of the Service.
• Your violation of these Terms.
• Any content you provide or actions you take while using the Service.

If indemnification is required, QuikHitch reserves the right to control any legal proceedings or decide on settlements at its discretion.

11.4 Intellectual Property

All content and materials available on the QuikHitch Service are protected by intellectual property laws, including copyrights, trademarks, patents, and trade secrets. Unless expressly authorized by QuikHitch, you may not:

• Copy, modify, distribute, sell, license, or reproduce materials from the Service.
• Create derivative works or systematically retrieve content for purposes such as building databases or directories.
• Frame or display any portion of the Service without written consent.

Ordinary non-commercial hyperlinks to our Service may be established without prior written permission.

11.5 Legal Compliance

You agree to use QuikHitch's Service in compliance with all applicable laws and regulations. Failure to comply with these legal obligations may result in suspension or termination of your account.

12. Service Termination and Discontinuation Policy

12.1 Service Termination

QuikHitch reserves the right to terminate its operations and discontinue the Service entirely at its discretion. In the event of termination, all Members will be notified with as much advance notice as possible, and efforts will be made to settle any outstanding obligations in accordance with these Terms of Service.

12.2 Discontinuation of Service

QuikHitch may modify, suspend, or discontinue any portion or all of the Service permanently, with or without prior notice, based on business, legal, or operational considerations. QuikHitch shall not be held liable for any losses or damages resulting from such discontinuation.