Last updated: Nov 16, 2024
Current version: 1.0
Please read carefully the following Terms of Service upon which gomiles offers you access and use of our Service (described below). This includes important information about your legal rights, remedies, and obligations as well as certain exclusions and limitations.
These Terms of Service apply to all services provided by gomiles.
Gomiles (hereinafter referred to as “gomiles”, “we”, “us”, or “our”) provides an online platform under the brand "gomiles" which connects Drivers who have empty seats in their vehicle and will be making a Trip, with Passengers who are seeking to make the same Trip and are seeking a means of transportation (collectively, the “Services”), which are made available through our Website at gomiles.ca and any other Subdomains or Mobile Applications which gomiles makes the Services available through (collectively, the “Service”). By using the Service you understand and agree to be legally bound by these Terms of Service (“Terms of Service”) whether you register to use the Service or not. Please read carefully as these Terms of Service govern your access and use of the Service, and all Members' (described below) and gomiles content. If you do not agree with the Terms of Service then you have no right to continue using or accessing the Service and all Members' and gomiles content. Failure to abide by the Terms of Service as hereby stated may subject you to civil and criminal penalties.
The Service is offered as an online platform through which Drivers (defined below) and Passengers (defined below) may post and arrange Trips (defined below) for Carpooling (defined below) purposes directly with each other and in a strictly non-commercial or professional context. By proceeding to use and access the Service you confirm that you acknowledge that gomiles is in no way a party to any agreements entered into between Drivers and Passengers, and has no control over the conduct of Drivers, Passengers or Members of our Service. You understand that gomiles is not an insurer, agent or broker, and you disclaim us of all liability in this regard to the maximum extent permitted by law.
1. Definitions
• A “Member” is a Driver, a Passenger, both or any other registered user of the Service.
• A “Driver” is a person using the Service and offering spare seats in their vehicle to share with other Passengers.
• A “Passenger” is a person using the Service and Booking seats in a Driver’s vehicle.
• An “Account” is created by a Member to access the Service.
• A “Trip” occurs between an origin and a destination at a given date and time and includes details such as a pick-up point, drop-off point, space for personal items and the number of seats available. A Trip is created and maintained by a Driver.
• A “Booking” refers to the act of paying the Contribution for a Trip through the Service before the Trip happens.
• A “Contribution” or "Trip contribution" refers to a sum of money agreed and paid by the Passenger to the Driver to cover the costs of a particular Trip and can’t accrue profit for the Driver.
• “Taking a ride”, “Carpool” or “Carpooling” refer to the act of sharing a Trip in a vehicle amongst a Driver and Passenger(s) in exchange for a Contribution.
2. Updates to the Terms of Service
Gomiles reserves the right, at its sole discretion, to modify the Service or to modify these Terms of Service, including the Booking fee, at any time and without prior notice. If we modify these Terms of Service, we will post the modifications on the Service or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms of Service. By continuing to access or use the Service after we have posted a modification on the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
3. Your responsibilities
3.1 We ask Members to verify their Account through their email or phone number. We do not investigate any Member's reputation, conduct, morality, criminal background or any other information posted on the Service. You are responsible for exercising common sense and determining the suitability of other Members of the Service. We encourage you to communicate directly with potential Drivers or Passengers through the Service and to take the same precautions you would when meeting a person for the first time.
3.2 You are solely responsible for your interactions with other Members of our Service. We will not be responsible for any damage or harm resulting from your interactions with other Members. We reserve the right to monitor interactions and restrict access to any Member who is posting material we consider objectionable.
3.3 Release.
As our Service is a facilitator, in the event of a dispute between you and another Member, except when such exclusions are forbidden by law, in particular in line with the "Loi sur la protection du consommateur québécois", you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
4. Your conduct
4.1 As a Member of this Service, you must act responsibly and exercise good judgment. This includes, but is not limited to, the following:
• Driving carefully, respecting the rules of the road, not being under the influence and not violating any applicable laws or regulations and driving a vehicle in good functioning order that has passed any required vehicle inspections
• Not infringing the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights
• Not using information obtained through this Service for any unauthorized purpose
• Not interfering with or damaging the Service. We come in good faith.
• Not using this Service to distribute spam
• Respecting other Members: no harassment, abuse (verbal or physical) or stalking is tolerated on the Service
• Not using the Service for commercial activities, unless otherwise agreed directly with gomiles
• Not registering to the Service on behalf of another individual
• To being at least 18 years old and able to enter into legally binding contracts to access and use the Service or register for an Account. By accessing or using the Service you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
• Not assisting a third party in doing any of the above
4.2 Reporting misconduct
If you feel that another Member of the Service has acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, or engages in other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us, with the understanding that your report does not obligate us to take any action or cause us to incur any liability.
5. Use and access of the Service
2.1 NO commercial activities, unless otherwise agreed by contract with gomiles.
The Service is strictly limited to providing a Service for Drivers and Passengers to Carpool in a private capacity. The Services may not be used to offer or accept Carpooling for profit or in any commercial or professional context, unless otherwise agreed by contract with gomiles.
Drivers may not profit from any Trip. The Service and the cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Trip Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and services booked using the Service and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop-off and pick-up points and collecting additional Passengers (other than the Passenger).
All Trips and pick-up and drop-off points must be pre-agreed through the Service in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passengers through the Service.
Drivers may NOT post Trips speculatively. Drivers can only post Trips if they are 100% sure of when and where they are travelling, to ensure a reliable service for Passengers.
Drivers are reminded that using the Service in a commercial or professional capacity may invalidate a Driver’s insurance. gomiles’s liability is limited in accordance with these Terms of Service and in particular gomiles is not liable in respect to any breach of any agreement between Members or breach by a Member of these Terms of Service including where any Driver (in breach of these Terms of Service) offers services through the Service in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Members to be vigilant in ensuring that services are not provided on a commercial basis.
Gomiles doesn’t provide transport services. The Carpool Service offered is an online platform which lets Members connect to transact with one another. gomiles does not interfere with Trips, destinations or timings. The agreement for Carpooling is between the Driver and the Passenger. gomiles is not a party to any agreement or transaction between Members, nor is gomiles liable in respect of any matter arising which relates to a Booking between Members. gomiles is not and will not act as an agent for any Member.
Any breach of these Terms of Service will give rise to immediate suspension of a Member’s Account and they may be restricted from accessing any further Services.
5.2 Access to the Carpool service
Each Member of gomiles has to create an Account to access the Service. To create an Account, you must:
Either log in or register to the service:
Log in with your Apple or Google Accounts via Open Authentication methods (OAuth). In using such OAuth methods, you understand that gomiles will have access to information about your Apple or Google Account, and publish some of that information on the Service.
Or register with your email and password, and complete all required fields on the registration form.
Verify your email address and have access to that email address while making use of the Service
Verify your cell phone number and have access to communicate with other Members via calls and text messages while making use of the Service
Provide your legal first name and last name
Provide a well-lit profile photo of yourself that clearly shows your face
Provide your age and gender
Agree to our Terms of Service and Privacy Policy
When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying gomiles.
You agree to be the sole owner of your Account, and to not share its access with anyone.
You agree that all representations, communications, Bookings, Payments and the use of any of the other features provided by Service are only made by you, and never by a third party, or on behalf of a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created by you.
You may have to enter an email and password as part of the registration process. You are solely responsible for the confidentiality and use of these. You must notify us immediately of any unauthorized use of your login details or any other breach of security.
5.3 Eligibility to use the Service
gomiles offers a Carpool service which allows Members to contact each other to arrange a Carpool. The Passenger is expected to contact the Driver through the Service to arrange a Carpool and any conditions of travel (including size of luggage, equipment, etc).
5.4 The eligibility of a Member to use the Carpool service is to gomiles’s discretion and as such gomiles reserves the right to withdraw that service from any Member at any time.
Conditions under which the Service is provided
Gomiles reserves the right to:
(i) Withdraw the Service it provides and restrict it to a cohort of Members and / or only several destinations.
(ii) Make exceptions to the policies of the Service
3. Features of the Service
Trips
The Driver proposes Trips on the Service by providing the origin and destination, date and time of departure, seats available and any other relevant information.
The Driver proposing a Trip must be the primary Driver of that Trip, and cannot delegate the driving to another Driver. If another Driver is to participate in the driving during the Trip, this must be disclosed and agreed to by the Passengers prior to departure.
In the scope of a Trip, Passengers can exchange Messages and place Bookings with the Driver.
Messages
Gomiles provides a messaging service (the "Messaging service") to enable communication between Members. Messages can be exchanged between the Driver and the Passenger to discuss finer details about the Trip.
Please note that while we allow the exchange of personal contact details such as phone numbers, email addresses or Website URLs through the Messaging service gomiles is not liable for any spam or use for these details, users are recommended to excise general caution and common sense when sharing any personal information.
Fraud and Identity
Members agree to respond to any demand from gomiles, the bank or any legal entities with regards to preventing or fighting fraud and/or money laundering. In particular, Members agree to comply with such Requests by supplying valid identification documents. In the event of an immediate response to such Requests, Members agree in advance to allow gomiles to freeze any funds they might be owed in relation to any Trips or Bookings on the Service or/and to restrict their access to the Service.
General guidelines for the Driver
In the scope of a Trip between a Driver and one or many Passengers, the Driver must:
a) Turn up to the pick-up point five (5) minutes in advance.
b) Before departure, inform the Passengers approved on a Trip of any modifications to the Trip details that might affect the Passengers, included but not restricted to changes in the timing of the Trip and/or the pick-up or drop-off points. If a Passenger refuses a change on that Trip before departure, they are in full right to cancel their Booking without any Contribution going towards the Driver’s costs.
c) Not leave the pick-up location before the agreed departure time and make an effort to contact any missing Passengers before leaving the pick-up location. The Driver may wait for a Passenger if they are late, but this is at their discretion.
d) Be the main Driver and drive the Passenger safely to the predefined and agreed final destination.
e) Not be operating a commercial, for-profit service unless explicitly agreed to by gomiles.
Driver no-show policy
A Driver not showing up on a Trip with approved Passengers is serious and may lead to immediate Account termination.
When a Driver receives a no-show from a Passenger in the scope of a Trip, an issue is raised with the gomiles team to collect more information on the no-show:
If the no-show cannot be verified or was left by mistake, it is rejected and there is no penalty for the Driver.
If the no-show is verified and the Driver was not at fault, a no-show review is added to the Driver’s profile and the Driver’s Account is kept open
If the no-show is verified and the Driver was at fault, a no-show review is added to the Driver’s profile and the Driver’s Account may be blocked by our team.
gomiles reserves the right to block a Driver's Account at any time in the scope of a no-show if there is reason to believe they are providing a negative experience for other Members.
Passenger No-show Policy
If a Passenger was booked on a Trip and does not show up, our Passenger no-show policy applies.
Gomiles reserves the right to block a Passenger's Account at any time in the scope of a no-show if there is reason to believe they are providing a negative experience for other Members.
Driver’s License and Insurance requirements
Driver’s License requirements
To use gomiles as a Driver, a Member must meet the following Driver's License requirements:
Have a full, non-expired Driver’s License that matches the name they provided in their gomiles account.
Learner’s, New, or non-full Driver’s Licenses are not accepted.
Driver’s Licenses which are restricted due to unlawful behaviour are not accepted.
gomiles may at any point suspend a Driver’s account if they do not meet our Driver’s License requirements.
We accept most standard Canadian and international Driver’s Licenses, but cannot guarantee that we will be accept all Driver’s Licenses submitted on our Service.
Insurance requirements
The Driver must have valid insurance and they take full responsibility to insure their vehicle as per the laws in effect and to check the validity of their insurance before every Trip.
It is each Driver’s and Passenger’s responsibility to verify with their insurance company they are covered while Carpooling.
For Drivers with company issued vehicles, it is also their duty to check their insurance policies cover all Passengers on a Carpooling Trip.
Both Driver and Passenger are informed of the possibility for their insurance companies to refuse to cover the damage caused in a possible incident while using a private vehicle for commercial purposes as depicted above.
The Member accepts the full financial responsibility for any uncovered insurance claims that might result from an accident, and agrees that gomiles is in no way liable.
gomiles reserves the right to suspend at any time a Member’s Account and withhold any payments in suspicion or acknowledgement of the Member practicing any commercial activity related to the Service.
gomiles also reserves the right to communicate any illegal activity through the Service to the relevant authorities.
Litigations & conflicts
gomiles provides a help section for Members to report any conflicts and resolve litigations. This is destined, in particular, to help Members resolve litigations around Bookings and cancellations.
gomiles does its best to address all demands in a timely manner but has no obligation to solve all conflicts that arise on the Service between Members.
Identity verification
In certain instances, such as posting a Trip, you may be asked to provide proof of identity through an approved method of identity verification to access or use gomiles. You agree that you may be denied access to or use of the Service if you refuse to provide proof of identity, or if your identity cannot be reliably verified through the identity verification process.
You recognise and accept that any reference in the Service to “verified” information, or any similar term, means only that a Member has successfully passed the identity verification procedure. These verification references are published by gomiles to provide you with more information about the Member with whom you are considering travelling, and does not indicate any opinion of gomiles on the trustworthiness of the individual. You acknowledge that gomiles does not investigate any Member's reputation, conduct, morality, criminal background or any other information.
gomiles cannot guarantee the truthfulness, reliability or validity of the information provided by other Members to the identity verification procedure.
For information pertaining to how gomiles collects, uses and shares your personal information within our identity verification procedure, please refer to our Privacy Policy.
4. Community Agreement
By agreeing to these Terms of Service, you also agree to our Community Agreement, which depicts a high-level summary of how we expect Members to use our Service. Please refer to our Community Agreement page for more information.
5. Anti-Discrimination and Anti-Harassment Policies
Anti-Discrimination Policy
gomiles is an "equal opportunity community." gomiles will not allow discrimination within its community and will ensure against discrimination to the best of its abilities on the bases of race, creed, color, national origin, or sex. Allegations of discrimination on gmiles may lead to preventive or permanent closure of a Member's Account.
Anti-Harrassment Policy
gomiles is committed in all areas to providing a community that is free from harassment. Harassment based upon an Member's sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All Members are expected and required to abide by this policy. No Member will be adversely affected in the use of this Service as a result of bringing complaints of unlawful harassment against another Member. Allegations of harrassment on gomiles may lead to preventive or permanent closure of a Member's Account.
Anti Sexual Harrassment Policy
Sexual harassment is behavior of a sexual nature that is unwelcome and offensive to the person or persons it is targeted toward. Examples of harassing behavior may include unwanted physical contact, foul language of an offensive sexual nature, sexual propositions, sexual jokes or remarks, obscene gestures, and displays of pornographic or sexually explicit pictures, drawings, or caricatures. Use of the gomiles platform for the purpose of viewing, displaying, or disseminating material that is sexual in nature may also constitute harassing behavior. Allegations of sexual harrassment on gomiles may lead to preventive or permanent closure of a Member's Account.
Reporting
If an Member feels that they have been harassed on the basis of their sex, race, national origin, ethic background, or any other legally protected characteristic they should immediately contact gomiles. Once the matter has been reported it will be promptly investigated and any necessary corrective action will be taken where appropriate. All complaints of unlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances.
6. Privacy
Privacy policy
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Service is designed to allow Members to only post details regarding Trip dates and locations. We may collect other personal information from you that we do not post on our Service.
By agreeing to these Terms of Service, you also agree to our Privacy Policy. Please refer to our Privacy Policy for more information.
Third-Party Content
In using our Service, you may be exposed to content from other Members or third parties ("Third-Party Content") either on our Service or through links to third-party Websites. We do not control and have no responsibility for Third-Party Content. You must evaluate and bear all risks associated with Third-Party Content.
7. Liability, Warranties, Indemnity, Intellectual property and other Legal matters
Limits of liability
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, we shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to a) the Member or inability to use our Service b) the cost of replacement of any goods, services or information obtained as a result of our Service c) disclosure of, unauthorized access to or alteration of your content d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages e) your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or meeting with other registered Members or persons introduced to you via registered Members, whether online or offline) any other matter arising from, relating to or connected with our services or these terms. gomiles's won’t be liable to any Member’s claim.
Disclaimer of warranties
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, if you use our Service, you do so at your sole risk. Our services are provided on an 'as available' basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that:
Our Service will meet your requirements or expectations.
Our Service will be uninterrupted, timely, secure, or error-free.
Any information that you obtain through our Service will be accurate or reliable.
Any errors in any data or software will be corrected.
Indemnity
Unless the following exclusions are forbidden by law, in particular under the "Loi sur la protection du consommateur" if you are residing in Québec, you shall defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Service. If you are obligated to indemnify us, we will have the right to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Intellectual Property
All material on our Service is protected by rights, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws as may be applicable. Unless expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. It's our Service - no thieving.
You may not systematically retrieve data or other content from our Service for your own devious plans, including re-creating databases, directories or downloads. You may not display any portion of our Service in a frame without our prior written consent. You may however, establish ordinary links to the Service without our written permission.
Legal compliance
You shall use the Service in a manner consistent with any and all applicable laws and regulations.
8. Termination & Discontinuance of Service
Termination
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms of Service) with or without prior notice and at any time, terminate your access to the Service.
Discontinuance of Service
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Service.
