terms & condition

  
Preamble The following sets forth the general terms and conditions (the “Terms”) between Nunavut Caribou Tuktu Cabs Inc. (“Caribou Cabs”) and users of its Website at wwww.caribouCabsiqaluit. com (the “Site”) and of the services, features, content, applications or widgets offered by Caribou Cabs(collectively with the site, the “Service”). By using the caribou Cabs Website and the caribou Cabs application (the “Caribou Cabs ”) and/or the Services, features, content, applications or widgets offered by Caribou Cabs, you agree to be bound by these Terms. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the Services. Description of the Services. Nunavut Caribou Tuktu Cabs provides the Caribou Cabs application for internet-enabled portable devices (“Smartphones”) via which users can access and order taxi services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms. The Services are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, Caribou Cabs may also offer you the possibility of paying your taxi fare electronically via the caribou Cabs installed on your Smartphone, using Caribou Cabs Paymenttm. Separate terms and conditions, which follow these Terms, apply to Caribou Cabs Payment transactions. Acceptance of Terms. By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by CaribouTuktuCabs, each of which is incorporated by reference and each of which may be updated by Nunavut Caribou Tuktu Cabs from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Caribou Tuktu Cabs from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. Registration In order to use the Service, you are required to register with Caribou Cabs and represent, warrant and covenant that you provide Caribou Cabs with accurate, truthful, and complete registration information (including, but not limited to your first and last name, address, telephone number, e-mail address, a user name and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Caribou Cabs account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Caribou Cabs password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Caribou Cabs in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. Access to the Nunavut Caribou Tuktu Cabs Service Subject to these Terms of Use, Caribou Cabs may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Caribou Tuktu Cabs performs for you, any applications or widgets offered by Caribou Cabs that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by CaribouTuktuCabs, as well as the offering of any materials displayed or performed on or through the Services. Nunavut Caribou Tuktu Cabs Content. The Service contains Content specifically provided by Caribou Cabs or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, Caribou Tuktu Cabs grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicenseable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Caribou Cabs, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. Third Party Sites and Services. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Caribou Cabs control, and you acknowledge that Caribou Cabs is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Caribou Tuktu Cabs or any association with its operators. You further acknowledge and agree that Caribou Tuktu Cabs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. Termination. Nunavut Caribou Tuktu Cabs may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Warranty Disclaimer. THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY
PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
CARIBOU TUKTU CABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
CARIBOU Tuktu Cabs MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. CARIBOUTUKTUCABS, AND ITS
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND
CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS
WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE
RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification. You shall defend, indemnify, and hold harmless Caribou Cabs, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Caribou Cabs). Caribou Cabs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Caribou Cabs in asserting any available defenses. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, CARIBOU CABS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR
PROFIT) ARISING WITH RESPECT TO THE SERVICES, EVEN IF CARIBOU CABS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS
SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY
INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, CARIBOU CABS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Rules and Conduct. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by Caribou Cabs in its sole discretion) an unreasonable or disproportionately large load on Caribou Tuktu Cabs(or its third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Caribou Tuktu Cabs may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content, except as expressly authorized by Caribou Cabs; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of Caribou Tuktu Cabs guidelines and policies. Caribou
Tuktu Cabs reserves the right to access, read, preserve, and disclose any information as Caribou Tuktu Cabs reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CaribouTuktuCabs, its users and the public. Evaluations As part of the Service, you may evaluate the driver and the condition of the taxi you ordered through the Service. You agree that all such evaluations will be objective and fair. You acknowledge and agree that your evaluations may be published on the CaribouCabs app and that such evaluations may be accessible to other users of the Services. To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations. Responsibility for Contents The sole responsibility for the content published and transmitted in the CaribouCabs
App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, Caribou
Tuktu Cabs hall be authorized to delete same immediately. Governing Law. You and CaribouCabs agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws , excluding its conflicts of law rules. For all purposes of these Terms of Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. I Government Use. The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use. Integration and Severability. These Terms of Use are the entire agreement between you and Caribou Tuktu Cabs with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and CaribouCabs with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Caribou Tuktu Cabs must provide you with written notice of such waiver through one of its authorized representatives. Copyrighted Material, Application and Trademark Information. Caribou Tuktu Cabs product names, service names, slogans or logos referenced on Caribou Tuktu Cabs websites and/or in the CaribouCabs App are trademarks or registered trademarks of CaribouCabs. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by CARIBOU TUKTU CABS are protected by copyright and other applicable laws . Drivers may not copy, publicly display, modify or distribute such material without Caribou Tuktu Cabs or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the CaribouCabs -App, Website, dispatch system the Services is and will remain the exclusive property of Caribou Cabs and its licensors. The Application is protected by copyright, trademark and other laws . Relationship of the Parties Caribou Tuktu Cabs and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party. Miscellaneous Severability. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. Amendments. Caribou Cabs reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after Caribou Cabs makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.cariboucabsiqaluit.com or in the Application itself on the Terminal Device. Entirety. This agreement shall constitute the complete and exclusive agreement between Caribou Tuktu Cabs and the Driver. The use of the CaribouCabs -App, Website is expressly made conditional on the Driver’s consent to these Terms. No Waiver. The failure of Caribou Tuktu Cabs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Contact You may contact Caribou Tuktu Cabs at the following address: Nunavut Caribou Tuktu Cabs. 1087 Mivvik street Iqaluit Nunavut Effective Date: March 27, 2021
.
You may redeem your caribou cabs Payment introductory offer voucher in connection with a taxi trip via participating taxis in iqaluit provided you are a registered Nunavut Caribou Tuktu Cabs Payment user and that you have deposited a cashless payment in your Caribou cabs Payment account via the Caribou cabs app,website using the Caribou cabs Payment function, and providing that you have informed the participating taxi via the Caribou cabs app,website by selecting the Caribou cabs Payment function immediately before you begin your trip prohibited by law or regulation 2. In addition to these redemption conditions, the General Terms & Conditions of Caribou cabs . apply and are incorporated herein by reference. See: “Terms and Conditions regarding passengers“ in its currently valid form www.cariboucabsiqaluit.com as well as “Payment Conditions” in its currently valid form www.cariboucabsiqaluit.com

Updated 27 March 2021
Caribou Tuktu Cabs(“CaribouCabs ” or “we”) provides a software application called CaribouCabs and a system that, amongst other things, lets passengers see nearby available Taxi Drivers on a map, connect in real-time (including by mobile phone) and pay for taxi vehicle transportation services through the CaribouCabs application (the “CaribouCabs service”). The CaribouCabs service is designed to give you as much control and ownership over how you manage your work as possible, and generally help passengers and drivers connect more efficiently. You however must be responsible for your own use of the CaribouCabs service and your own behavior as a Taxi Driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others. If you have any questions or feedback on the CaribouCabs service you can contact us at CaribouCabs@gmail.com.
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
Service Quality
Only accept a job if you are confident that you can complete it
Do not abandon a job once you have accepted it unless absolutely necessary i.e. your vehicle is broke down
When you accept a job, always drive directly to the Passenger’s pick up location
Always be polite and respectful to the Passenger’s
Help passengers if needed with their Groceries
Physical fight, argument or confrontation is not acceptable.
~ Do not talk on the phone, eat or use offensive language during a job – Always be presentable and have good personal hygiene (this is a common Passenger complaint against some drivers)

TERM & TERMINATION
5.1 We may terminate these Terms and close any account you have with us by giving you 1 business day notice in writing by email to your registered email address Or in person. We may also terminate these Terms and close your account without notice if you commit a material breach of any of your obligations under these Terms or the Driver Code of Conduct or if you cease to be an accredited driver.
5.2 We reserve the right to suspend, restrict or terminate your access to the Caribou Cabs service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms or the Driver Code of Conduct. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5.3 You may cancel these Terms at any time by simply closing your account by Contacting us.

OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
6.1 The CARIBOU CABS service comes with consumer guarantees under the Nunavut consumer law that cannot be excluded by these Terms. These include that we will provide the TAXI service with due care and skill. Nothing in these Terms affects your statutory rights as a consumer. We make no express warranties beyond the consumer guarantees.

PRIVACY STATEMENT
7.1 By registering as a driver, you acknowledge and consent to our collection of your personal information including your name, location, mobile number, vehicle information, financial information (such as your bank account details) and email address.
7.2 This personal information is collected and may be used for the purposes of registering and managing your driver account with CARIBOUTUKTUCABS; providing you with the Dispatch service or offers in relation to the Caribou Cabs service; placing you in contact with potential passengers and jobs; processing payments to you (where applicable); contacting you in respect of any queries or complaints; for our internal business purposes (such as our accounting or management purposes); if required or authorized by law and for the purposes of complying with our legal or regulatory obligations; or for any other purposes you may reasonably expect.
7.3 From time to time, we may disclose your personal information to our staff and to third parties, for example: to passengers in order to connect you with potential passengers and jobs; to third parties, agents, contractors or suppliers who assist us in the provision of the TAXI service (for example, payment processors, website hosting service providers, information cloud storage service providers, customer care services); law enforcement authorities, agencies or regulators in order to comply with our legal and regulatory obligations; and other platforms to which you have asked Caribou Tuktu Cabs to interface. Driver personal information is hosted by Nunavut Caribou Tuktu Cabs
7.4 If you are not comfortable giving us permission to collect and manage your personal information in this manner, you do not have to provide us with your personal information. However, if you do not provide us with certain required personal information we will be unable to provide you with, and you will not be able to avail yourself of the full TAXI service.
7.5 Further information about our policies for managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is available in the Caribou Cabs privacy Policy at http://www.cariboucabsiqaluit.com.

INDEMNITY
8.1 You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete
your breach of any applicable laws and regulations (C) your breach of any of the Terms; or
(D) a misuse of the CaribouCabs service by you.
This clause will survive the termination of this Agreement.

DISPUTE RESOLUTION
If you wish to provide us with any feedback; make a complaint in relation to the TAXI service; or make a complaint about other users/Drivers of the Caribou Tuktu Cabs service , please call us or email us at contact@caribouCabsiqaluit.com
Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms. You acknowledge and agree that you will not, for the duration of this Agreement, make any disparaging comments about us on social media or any public forum.

GENERAL
10.1 Entire Agreement. This Agreement and any document expressly referred to in this Agreement form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
10.2 Relationship of the parties. The relationship between the parties under this Agreement is that of independent contractors. This Agreement is not an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties.
10.3 Assignment. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 5, you may terminate your agreement with us at any time.
10.4 No waiver. Any delay by us in exercising a right under these Terms do not operate as a waiver of that right. If you breach these Terms and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms.
10.5 Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
10.6 Amendment. We may amend these Terms from time to time in order to reflect changes to the CARIBOU TUKTU CABS service (including the Caribou Cabs website/ Application) .
10.7 Notices. Any notice to be delivered by us to you under this Agreement will be delivered to your registered email address or In person. Any notice delivered by you to us under this Agreement will be delivered in person or by emailing us at CaribouCabs@gmail.com .