AdDriver Terms of Use

Introduction

Welcome to AdDriver! These terms of use (the “Terms”) describe the terms and conditions for (“AdDriver”, “we”, “us” or “our”) website: www.addriver.org (the “Website”) and mobile application (the “App”). These Terms apply to your use of the Website, the App and the services it offers, and incorporates our Privacy Policy which explains how we handle your personal information. You can access our Privacy Policy here: Privacy Policy

Please read these terms carefully. By registering for an AdDriver account or otherwise using our Website, App and services, you acknowledge that you are at least the age of majority in the province or territory where you live and that you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use or access the Website, App or our services.

Our Website and App also offer our users the opportunity to rent their exterior vehicle space to advertisers (“Marketers”) and to locate vehicle wrapping services sold by third party service providers (each a “Wrapping Provider”). If you choose to rent your exterior vehicle space to Marketers or use any wrapping service available from Wrapping Providers, you will enter into a separate agreement with the Marketer or Wrapping Provider, as applicable, that contains the terms and conditions governing your contractual relationship with them. AdDriver only offers the platform on its Website and App as a way to connect users with Marketers and Wrapping Providers; we are not a party to the agreement between you and any Marketer or Wrapping Provider. Please see “What can I do on the Website and App” for more details on the advertising opportunities with Marketers and the vehicle wrapping services available from Wrapping Providers.

Who can use the Website and App?

The Website, App and services is not intended for use by individuals that are under the age, App or services by a Minor is strictly prohibited. We specifically disclaim any and all responsibility or obligation to monitor or verify the age or legal status of any user and AdDriver will have no liability resulting from any use of our Website or App by any Minor.

What can I do on the Website and App?

When you access the Website or download the App, you can register and create an account for a variety of purposes, including becoming a “driver”, “marketer” or “advertiser” through the use our services. In order to access and use our services, Website and App, you must register and create an AdDriver account. Creating an AdDriver account involves the collection of your information. For more details on the types of information we collect, including your personal information, please see our Privacy Policy

Once you have created an account, our Website and App allows drivers, among other things, to choose to accept ad offers made by marketers as well as from local AdDriver approved Wrapping Providers. As a marketer, you will be able to post ad offers and choose desired driver demographics to drive your advertisements, as well as upload the add specifications for the use of a Wrapper.

You are responsible for all mobile or other internet service provider charges incurred by you for connecting to the Website and App or by using the services. AdDriver assumes no responsibility or liability for any such charges, including, but not limited to, data charges and/or equipment or line costs, incurred by you while accessing the Website, App and services. Any dispute or problem regarding mobile or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our App. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and we assumes no responsibility or liability for any such charges.

How are payments made through the Website and App?

Our Site allows you use our services or the services of Wrapping Providers. We use the services operated by PayPal (“Payment Processor”) as a payment gateway for processing orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers.

For more information, please see www.paypal.com/ca/webapps/mpp/ua/legalhub-full.

When you make a payment on our Website or App, you agree to pay, and authorize our Payment Processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment. All fees are in Canadian Dollars and are non-refundable except as required by law. AdDriver is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

What can I not do on the Website and App?

You are solely responsible for the content of any communications by you with other users of the Website or App and any third parties, including but not limited to any communications about, concerning or through the Website, App or the services. While using the Website, App or our services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website, App and the services. In addition, and without limiting the foregoing, you agree that you shall not:

  • Violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
  • Attempt to access another user’s AdDriver account, including, without limitation, attempts to use another user’s credentials to create an account on our Website or App unless you are expressly authorized to do so pursuant to an agency agreement;
  • Use the Website or App for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms;
  • Remove any proprietary notices or labels on this Website, App or the Content (defined below);
  • Transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our Website or App;
  • Engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Website, App or our computer systems;
  • Collect, store, or attempt to collect or store, any personal information from the Website or App from other users without their express permission;
  • Impersonate or misrepresent your qualifications or your affiliation with any person or entity;
  • Mirror or frame any part of the Website or App without our express prior written consent;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or App, without our express prior written consent;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms. If you have reason to believe that another person is using the Website, App or our services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

Who owns the Content on the Website or App?

Other than the information that you submit to the Website or App (which you retain ownership of), the Content on the Website or App is owned by us or our licensors.

You retain ownership of all the information you submit or upload to our Website or App, including your personal information and account details.

Except for public domain material and the information you submit to the Website or App (including your personal information such as a photo of your driver’s license), all content and material on and/or forming part of our Website or App from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by AdDriver or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sublicense, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on the Website or App (collectively, the “Marks”) are registered and unregistered trademarks of AdDriver or of our licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Website or App.

Feedback

We at AdDriver would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Website, App and the services offered on these platforms (“Feedback”). You can submit Feedback by emailing us at contact@addriver.org.

When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Availability of the Website, App and Services

While we endeavor to keep downtime to a minimum, we cannot promise that the Website, App or the services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Website, App or the services, or any part thereof, with or without notice for any reason and you shall not be entitled to any refunds of fees for interruption of the Website, App or the services.

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Website, App and the services, and you shall be solely responsible for all charges and fee related thereto.

Updates to Website or App

AdDriver updates the information on the Website, App and the services periodically. However, AdDriver cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website, App and the services. AdDriver may revise, supplement or delete information, services and/or the resources contained in the Website, App and the services and reserves the right to make such changes without prior notification to past, current or prospective visitors

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website, App or the services. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website, App or the services.

AdDriver is be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website, App or the services or your downloading of any user materials or other content from the Website, App or in connection with the services. AdDriver recommends that you install appropriate anti-virus or other protective software.

Deletion and/or suspension of an AdDriver account.

You may delete your account by emailing us at contact@addriver.org.

In the event of your default under these Terms, we reserve the right to terminate or suspend your account or use of the Website or App any time. In such event, AdDriver shall not be required to provide you a refund or other compensation.

Upon termination, discontinuation or cancellation of our Website, App, services or your account, all provisions of these Terms which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and disclaimers, indemnity, limitations of liability, and governing law provisions.

Limitation of Liability & Disclaimers

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, APP THE SERVICES AND ANY CONTENT OR MATERIALS, INCLUDING WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

THE WEBSITE, THE APP, THE CONTENT AND THE SERVICES AVAILABLE THROUGH THE WEBSITE AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ADDRIVER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. ADDRIVER DOES NOT WARRANT THAT THE WEBSITE, THE APP OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE APP OR THE SERVER THAT MAKES THE WEBSITE, APP AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDRIVER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE, THE APP OR ON THE INTERNET GENERALLY.

IN NO EVENT WILL ADDRIVER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE OR THE APP. ADDRIVER MAKES NO REPRESENTATIONS OR WARRANTIES IN RESPECT OF ANY MARKETERS OR WRAPPING PROVIDERS OR THE SERVICES THAT THEY PROVIDE. IN NO EVENT WILL ADDRIVER BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR AGREEMENTS WITH ANY MARKETERS OR WRAPPING PROVIDERS.

You agree that AdDriver and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees (each an “AdDriver Parties”) shall not be liable to you for any damages of any kind arising from your use of the Website, the App, the services, or any linked websites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Indemnity

You agree to indemnify, defend and hold the AdDriver Parties and its respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys' fees), incurred in connection with any claim, or demand due to or arising out of: your agreements with any Marketers or Wrapping Providers your access or use of the Website, and/or your breach of these Terms or your violation of any law or the rights of any third party.

If any of the AdDriver Parties takes any legal action against you as a result of your violation of these Terms, such AdDriver Party will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the AdDriver Party.

Governing Law

These Terms and your use of our Website and App shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

If any provision of these Terms is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and AdDriver in connection with your use of our Website, App and/or services.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

Miscellaneous

These Terms are not assignable, transferable or sub-licensable by you except with AdDriver’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms only apply to our Website and App

Like many other websites and mobile applications, our Website and App contain links to other third party websites, which are not governed by these Terms. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use and privacy policies. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Additional Terms for App Store

If you downloaded the App from the Apple AppStore, additional terms apply to you and your use of the App.

Additional Terms for App Store

If you downloaded the App from the Apple AppStore, additional terms apply to you and your use of the App.

1. Acknowledgement: You acknowledge that these Terms are between you and AdDriver only, and not with Apple.

2. Scope of License: The license granted to the you for the use of the App is a non-transferable license to use the App on any iPhone or iPod touch that the you own or control.

3. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty: In the event of any failure of the App to conform to the warranty in these Terms, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty in these Terms.

5. Product Claims: You acknowledge that AdDriver, not Apple, is responsible for addressing any claims made by you relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that your possession and use of that Licensed Application infringes that third party’s intellectual property rights, AdDriver, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the you acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Updates to these Terms

We reserve the right to change, modify or amend these Terms, or add or remove portions of our Website from time to time. Your continued use of the Website following such changes means you agree to be bound by the updated Terms. We will post the current version of these Terms on this page. You can always access the current version of the Termson our Website. Please check back often to see any changes or updates to the Terms.

Questions about the Website, App or these Terms

If you have any questions, concerns, or suggestions regarding these Terms, please contact us by emailing us at contact@addriver.org or mailing us at:

1375 Hopkins St Unit 1 Whitby Ont L1N 2C2

These Terms of Use were lasted updated on 19 June, 2019.