STEER Technolgies Inc. Terms of Service

The STEER. (STEER) Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the STEER Platform. The driving services provided by Drivers to Riders that are matched through the Platform are referred to collectively as the “Services”.

STEER DOES NOT PROVIDE TRANSPORTATION SERVICES, AND STEER IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE STEER PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE STEER PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE STEER PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.

By creating your User account and using the STEER Platform, you expressly acknowledge that you understand these Terms of Serviceand accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT USE OR ACCESS THE STEER PLATFORM OR THE SERVICES.

STEER reserves the right to modify these Terms of Service at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this page. You are responsible for regularly reviewing it. Continued use of the STEER Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the STEER Platform or the Services.

Minors

STEER Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to use the STEER services.

Payments

As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. STEER has the authority and reserves the right to determine and modify pricing at any time. Charges may vary based on the type of service you request (e.g., STEER Electric, STEER Hybrid, STEER gas powered vehicles and body types such as Sedan or SUV). You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

As a Driver, you will receive applicable Ride Fees (net of STEER’s Administrative Fee, as discussed below) and any tips provided by Riders to you for the Services you provide. STEER will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize STEER to set the prices on your behalf for all Charges that apply to the provision of Services. STEER reserves the right to withhold all or a portion of Ride Fees if it believes that you have attempted to defraud or abuse STEER or STEER’s payment systems.

In exchange for permitting you to offer your Services through the STEER Platform and marketplace as a Driver, you agree to pay STEER (and permit STEER to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule posted at https://STEER.com/fees. STEER reserves the right to change the Administrative Fee at any time in STEER’s discretion based upon local market factors, and STEER will provide you with notice in the event of such change. Continued use of the STEER Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.

STEER, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with STEER.

STEER Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by STEER, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of STEER, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the STEER Platform or Services, updates concerning new and existing features on the STEER Platform, communications concerning promotions run by us or our third party partners, and news concerning STEER and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the STEER Platform or the Services.

Your Information

Your Information is any information you provide, publish or post to or through the STEER Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any STEER-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the STEER Platform and participate in the Services. Our collection and use of personal information in connection with the STEER Platform and Services is as provided in STEER’s Privacy Policy located at https://STEER.com/privacy-policy.

You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information by updating your driver profile at the STEER web site and that we and other members of the public may rely on your Information as accurate, current and complete.

You warrant and represent to us that you are the sole author of your Information. To enable the STEER Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. STEER does not assert any ownership over your Information; rather, as between us and you, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or STEER for accessing the STEER Platform. You are solely and fully responsible for all activities that occur under your User account, and STEER 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.

Social Networking Sites

As part of the functionality of the STEER Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the STEER Platform or allowing STEER to access your SNS Account. By granting STEER access to any SNS Accounts, you understand that STEER may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the STEER Platform to other Users. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the STEER Platform.

Restricted Activities

With respect to your use of the STEER Platform and your participation in the Services, you agree that you will not:

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

Driver Representations and Warranties

By providing Services as a Driver on the STEER Platform, you represent, warrant, and agree that:

Proprietary Rights and Trademark License

You agree that you will not:

Violation of any provision of this License may result in immediate termination of the License, in STEER’s sole discretion. If you create any materials bearing the STEER Marks, you agree that upon their creation STEER exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the STEER Marks or derivative works based on the STEER Marks. You further agree to assign any interest or right you may have in such materials to STEER, and to provide information and execute any documents as reasonably requested by STEER to enable STEER to formalize such assignment.

Disclaimers

The following disclaimers are made on behalf of STEER, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.

The STEER Platform 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 use of the STEER Platform and/or the Services, including the ability to provide or receive Services at any given location or time.

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

We do not warrant that your use of the STEER Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the STEER Platform will be corrected, or that the STEER Platform 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 STEER Platform or Services.

We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.

We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the STEER Platform and 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 STEER Platform by persons under the age of 18. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

STEER is not responsible for the conduct, whether online or offline, of any User of the STEER Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the STEER Platform and participating in the Services, you agree to accept such risks and agree that STEER is not responsible for the acts or omissions of Users on the STEER Platform or participating in the Services.

It is possible for others to obtain information about you that you provide, publish or post to or through the STEER Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the STEER Platform or through the Services. Please carefully select the type of information that you post on the STEER Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content made available through the STEER Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the STEER Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the STEER Platform and remove any such material that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

The STEER Platform contains (or you may be sent through the STEER Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the STEER Platform.

Location data provided by the STEER Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither STEER, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the STEER Platform. Any of your Information, including geolocational data, you upload, provide, or post on the STEER Platform may be accessible to STEER and certain Users of the STEER Platform.

This paragraph applies to any version of the STEER Platform that you acquire from the Apple App Store. Apple, Inc. (“Apple”) is not a party to these Terms of Service and shall have no obligations with respect to the STEER Platform. STEER, not Apple, is solely responsible for the STEER Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries. Upon your acceptance of these Terms of Service, Apple shall have the right (and will be deemed to have accepted the right) to enforce them against you as a third party beneficiary thereof.

Indemnity

You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the STEER Platform and participation in the Services, including:

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE STEER PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE STEER PLATFORM, THE SERVICES, OR THESE TERMS OF SERVICE, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF STEER’S INSURANCE POLICIES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE STEER PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Release

In the event that you have a dispute with one or more Users, you agree to release STEER (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the STEER Platform or participation in the Services. Furthermore, you expressly waive any rights you may have. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Term and Termination

These Terms of Service are effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the STEER Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the STEER Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the STEER Platform to any User for any reason not prohibited by law.

Agreement to Arbitrate All Disputes and Legal Claims

You and We agree that any legal disputes or claims arising out of or related the use of the STEER Platform and/or the Services, or their interpretation, enforceability, revocability, or the arbitrability of any dispute, that cannot be resolved informally shall be submitted to binding arbitration in Ontario, Canada. The arbitration shall be conducted by the Ontario Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. Any claim, action or proceeding must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND STEER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to STEER’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by STEER for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of STEER in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to STEER with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by STEER or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of STEER; becomes known to you, without restriction, from a source other than STEER without breach of these Terms of Service by you and otherwise not in violation of STEER’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to STEER to enable STEER to seek a protective order or otherwise prevent or restrict such disclosure.

No Agency

You and STEER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by accepting these Terms of Service.

Customer Support

To resolve a rider or driver issue regarding the STEER Platform, you should first contact our Customer Service Department through our support center at http://107.23.251.211/contact-us or via the internal driver account pages when logging in at http://107.23.251.211.

Contacting STEER

If You have any questions about these Terms of Service, the practices of STEER, or Your dealings with STEER, You may contact Us via http://107.23.251.211/contact-us.