Terms of use
Terms and conditions of use
Effective as of 25/01/2022
Article 1: object
Madrive offers a carpooling platform accessible via the internet at https://www.madrive.ca ; intended to connect drivers who go to a precise destination previously defined by themselves with passengers who wish to go to the same destination.
The carpooling platform offered by madrive provides drivers and passengers with tools allowing them to share both the journey and the costs associated with it. This platform is specifically dedicated to any type of land motor vehicle.
The purpose of these general terms and conditions is to regulate access and the terms of use of the carpooling services offered. Madrive is not party to any agreement or contact of any kind that may be concluded between the members of its platform.
The fact of registering on the site https://www.madrive.ca ; and to use the services of its carpooling platform implies the unconditional acceptance of these general conditions.
Article-2: some definitions
In this document, the terms below are used as defined
"Announcement" means a publication concerning a project posted on the platform by a driver.
"Account" means the account that must be created by a user to be able to access the services offered by the platform.
“Driver; driver” means the user proposing on the platform, to transport another natural person in return for his participation in the travel costs as defined by the driver and appearing in his advertisement.
"Service Charges" means the amount deducted by madrive from payments made during reservations on its platform in return for the services offered by it.
"Passenger" means the user who has accepted the proposal to be transported by the driver.
"Participation in costs" means, for a given trip, the sum of money required and paid to the driver according to the method of payment requested by the latter.
"Seat" means the seat reserved by a passenger in a driver's vehicle.
"Platform" has the meaning given to it in addition
"Services" means all the services provided by madrive through its platform.
“Site” means the website hosting the platform accessible at https://www.madrive.ca .
"Journey" means the journey advertised by a driver on the platform and for which he agrees to transport passengers in return for the contribution to the costs.
"User" means any natural person who has created an account on the platform.
“Vehicle” means the vehicles used to make the trip.
Article-3: Registration on the platform and creation of an account
3.1-conditions for registering on the platform
The use of the platform is reserved for natural persons only.
3.2-Account creation
The platform allows users to publish and consult announcements as well as to interact with each other for the reservation of places. Consulting the available routes does not require registration as a user.
The publication of an announcement and the reservation of a place are only possible after registration on a form provided for this purpose and available at the level of the site platform . To create an account, all you have to do is fill in all the mandatory fields on the registration form. This implies the acceptance of these general conditions.
When creating your account, you agree to provide accurate and truthful personal information and to update it in order to guarantee its relevance and accuracy throughout your contractual relationship with madrive.
You agree to keep the password chosen when creating your account secret and not to communicate it to anyone. In the event of loss or disclosure of your password, you agree to inform madrive without delay, or to reset it via the platform. You are solely responsible for the use made of your account by a third party, as long as you have not expressly notified madrive of the loss, and/or the fraudulent use by a third party or the disclosure of your password. goes to a third party.
You agree to create and use only one single account. If you lose your password, you can request a reset.
3.3-checks
The operation of the services offered by the madrive platform involves the match between the mobile phone number and the email address provided by the user when registering.
Madrive does not guarantee the veracity, reliability or validity of the information communicated by its users, the latter being solely responsible for the elements communicated.
Article-4 use of services
4-1 publication of announcements
As a user, and provided that you meet the conditions below, you can create and publish advertisements on the platform indicating information concerning the Trip you intend to make (date, place of departure, time of departure and arrival and the vehicle used).
You are only allowed to post an ad if you meet all of the following conditions.
You hold a valid driver's license of the category corresponding to the type of vehicle mentioned in the ad.
You only advertise for vehicles that you own or use with the express permission of the owner, and in any case, that you are permitted to use for any purpose.
You are the main driver of the vehicle featured in the ad.
The vehicle has valid insurance.
You have no contraindications or medical incapacity to drive.
The vehicle you intend to use for the journey corresponds to the description given on the platform.
You do not offer more seats than those referred to in the vehicle registration document.
You use a vehicle that is at least in good working order and in good condition, in accordance with applicable legal practices and provisions, in particular with an up-to-date technical inspection.
You acknowledge that you are solely responsible for the content of the ad that you post on the platform. Consequently, you declare and guarantee the accuracy and veracity of all information contained in your advertisement and you undertake to carry out the journey according to the methods described in your advertisement.
Your ad will be automatically published on the platform and therefore visible to members and all visitors, even non-members, searching on the platform or on the madrive.ca website.
Furthermore, madrive reserves the right, at its sole discretion, and at any time and without notice, to withdraw any ad that it deems not to comply with these conditions or that it considers detrimental to its image.
You acknowledge and agree that the criteria taken into account in the ranking and order of display of your advertisement among other advertisements is at the sole discretion of madrive.
4.2-seat reservation
As soon as a journey is offered on the platform, any user is likely to reserve a seat. Payment triggers the automatic acceptance of the reservation with the driver, which is then confirmed with both parties.
4.3 nominative nature of seats and use of services for a third party
Any use of the services, whether as a passenger or a driver, is nominative. Both the driver and the passenger must correspond to the identity communicated to madrive and to the other members participating in the trip.
However, madrive only allows its members to reserve one and only one seat per trip and per person.
The platform is intended for the reservation of places for natural persons. It is therefore excluded to reserve a place for the sole transport of any object.
It is forbidden to publish an advertisement of a driver other than yourself.
4 .4-review system
Madrive encourages you to leave a review on a driver if you are a passenger and vice versa, with whom you shared a trip or with whom you were supposed to share a project. On the other hand, you are not authorized to leave a review for another passenger, if you were a passenger yourself, or for a member with whom you did not travel or with whom you were not supposed to travel.
You acknowledge and accept that madrive reserves the right to delete any opinion or comment which it deems contrary to these general conditions or likely to harm its image.
Madrive reserves the right to suspend or terminate your account in the event that you are the subject of repeated complaints or negative opinions and/or which madrive considers to be of a serious nature.
Article-5. Financial conditions
Access and registration to the platform, as well as research and consultation are free. On the other hand, the publication of travel announcements and reservations are chargeable under the conditions described below.
5.1-participation in costs
The amount of the cost contribution is calculated automatically by madrive .
5.2-service fees
Service fees are calculated by madrive and are the same whether when booking or posting a trip. They take the form of a lump sum regardless of the route chosen. This is only valid if and only you have not subscribed to any subscription. In the event that you have an active subscription then the conditions of said subscription will apply.
5.3-terms of payment and reimbursement of the participation in the costs to the drivers.
The method of payment is cash. The payment of the contribution to the costs to the driver is the responsibility of the passenger. He must do this once he arrives at his destination. The passenger. Can avail himself of canceling his net trip at the time of boarding if he considers that there are inconsistencies in relation to the driver's announcement.
Article-6: cancellations
Trips and bookings work on the principle of automatic acceptance. Upon the occurrence of an unforeseen event preventing the completion of the journey, the driver or the passengers concerned must proceed with the cancellation of the reservation. Depending on the deadlines, the cancellation is likely to incur costs. Madrive makes no warranty of any kind to anyone in the event of a ride being canceled for any reason by a passenger or driver.
6.1-refund terms in case of cancellation
The sums reimbursed are exclusively credited to the account of the User (passenger as driver).
In the event of cancellation attributable to the driver:
The cancellation of a journey that has not yet been the subject of any reservation does not give rise to any deduction from the driver's account.
If the driver cancels more than 24 hours before the scheduled time of departure, as mentioned in the announcement, his account will be credited with the amount equivalent to the service charge if applicable.
If the driver cancels 24 hours or less than 24 hours before the scheduled departure time, as mentioned in the advertisement, he will not receive any refund if applicable.
In the event of cancellation attributable to the passenger:
If the passenger cancels more than 24 hours before the scheduled time of departure as mentioned in the announcement, his account will be credited with the amount equivalent to the service charges; the driver is not credited with any amount.
If the passenger cancels 24 hours or less than 24 hours before the scheduled time of departure, as mentioned in the announcement, the sums paid remain fully acquired and no sum is recredited to him the driver will not be credited with any amount whether it be.
When the cancellation occurs before departure and due to the passenger, the seat(s) canceled by the passenger are automatically made available to other passengers who can reserve them under the online emergency procedures. and consequently, subject to the conditions of these general conditions of use
Madrive sovereignly assesses at its discretion, on the basis of the elements at its disposal, the legitimacy of users' requests for reimbursement
6.2-right of withdrawal
By accepting these general conditions, you expressly agree that the contract between you and madrive consisting of putting you in contact with another member is executed before the expiry of the withdrawal period upon confirmation of the reservation and expressly waive your right of withdrawal.
6.3-commitment of all platform users
You acknowledge that you are solely responsible for compliance with all laws, regulations and obligations applicable to your use of the platform.
In addition, by using the platform and during the journeys, you agree to:
Do not transmit to madrive (in particular when creating or updating your account) or to other members any false, misleading, misleading or fraudulent information.
Not to say anything, behave in any way or publish on the platform any content that is defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, violent, threatening, harassing, racist, xenophobic, with a sexual connotation, inciting to hatred, violence, discrimination or hatred, encouraging illegal activities, advocating or promoting the use of illegal substances; more generally, not to act in contradiction with the purposes of the platform, not to infringe the rights of madrive or a third party.
Do not infringe the rights and image and intellectual property of madrive.
Open only one account on the platform
Do not attempt to circumvent the platform's online reservation system, in particular by trying to communicate your contact details to another member in order to make a reservation outside the platform and not to pay service charges.
Contact other members through the platform exclusively to define the terms of carpooling.
6.4- driver commitments
When you use the platform as a driver, you agree to:
Comply with all the laws, rules, codes applicable to driving and the vehicle, in particular to have a valid civil liability insurance at the time of the trip and to be in possession of a driving license in force and corresponding to the vehicle used.
Possibly have insurance authorizing carpooling and covering your carpooled passengers as a third party.
Do not take any risks while driving, do not take any legal or illegal substance or any substance likely to alter your attention and your abilities
Publish only advertisements corresponding to routes actually planned
Carry out the journey as you describe in the advertisement, respect the times and places agreed with the other members (in particular the meeting and drop-off points)
Do not take more passengers than the number of seats indicated in the advertisement and actually available in the vehicle
Use a vehicle in good working order and in good condition, in accordance with applicable legal practices and provisions, in particular with an up-to-date technical inspection
Communicate to madrive , or any passenger who requests it, your driving licence, your car registration document, your insurance certificate, your technical inspection certificate as well as any document attesting to your ability to use this vehicle on the platform in as driver
Inform your passengers without delay in the event of an impediment, change of schedule or route
Wait for passengers at the agreed meeting place at least 15 minutes beyond the agreed time
Make sure you can be reached by phone by your passengers, at the number registered on your profile
Require the reservation code of each passenger before departure if necessary
Guarantee that you have no contraindications or medical incapacity to drive
6.5-passenger commitments
When you use the platform as a passenger, you agree to:
You behave during the trip in such a way as not to interfere with the concentration and driving of the driver or the tranquility of other passengers
Respect the driver's vehicle and its cleanliness
Inform the driver without delay of any possible impediment and, more generally, of any element likely to influence the smooth running of the journey
Be punctual and respect the schedule agreed with the driver
Wait for the driver at the agreed meeting place at least 15 minutes beyond the agreed time.
Communicate to madrive or any driver who requests it, your identity card or any document attesting to your identity
Do not transport, during a journey, any object, goods, substance, animal likely to interfere with the conduct and concentration of the driver or whose nature, possession or transport is contrary to the legal provisions in force.
You make sure to be reachable by telephone by the driver, at the number registered on your profile, in particular at the meeting point.
Article-7: Suspension of accounts, limitation of access and termination
You have the option of terminating your contractual relationship with madrive at any time, free of charge and without reason. To do this, simply close your account in your profile.
In the event of your violation of these general conditions of use, in particular of your obligations as a member mentioned in articles 3 and 6 above, or if madrive has serious reasons to believe that this is necessary to protect its security, its integrity and that of its members or third parties or for the purposes of fraud prevention or investigations, madrive reserves the right to:
Terminate, immediately and without notice, these general conditions.
Prevent the publication or delete any notice, announcement, message, content, reservation, or any content published by its users on the platform.
Temporarily or permanently suspend the user's account.
When necessary, the user will be notified of the implementation of such a measure in order to allow him to give explanations to madrive, which will decide, at its sole discretion, whether or not to lift the measures put in place.
Article-8: Personal data
As part of your use of the platform, madrive is required to collect and process some of your personal data. By using the platform and registering as a member, you acknowledge and agree to the processing of your personal data by madrive in accordance with applicable law.
Article-9: Intellectual property
The content published by madrive subject to the content provided by its members, madrive is the sole holder of all the intellectual property rights relating to the service, the platform, its content (in particular texts, images, drawings, logos, videos, sounds, data, graphics) as well as the software and databases ensuring their operation.
In particular, you are prohibited from:
Reproduce, modify, adapt, distribute, publicly represent, disseminate the platform, services and their content
Decompile, carry out reverse engineering of the platform or services, subject to the exceptions provided for by the legal texts in force.
Extract or attempt to extract (including using data-sucking robots or similar data-gathering tools) any data from the Platform.
Article-10: Role of Madrive
The platform constitutes an online networking space on which users can create and publish advertisements for rides for carpooling purposes. These advertisements can in particular be consulted by other users to find out about the terms of the journey and, if necessary, directly reserve a place in the vehicle concerned with the driver who posted the advertisement on the platform. By using the platform and accepting these terms and conditions, you acknowledge that madrive is not party to any agreement between you and other users to share the costs of a trip.
Madrive has no control over the behavior of its users. It does not own, operate, supply or manage the vehicles advertised, nor does it offer a route directly.
You acknowledge and accept that madrive does not control the validity, veracity or legality of the advertisements, places and routes offered. In its capacity as a carpooling intermediary, madrive does not provide any transport service and does not act as a carrier, the role of madrive being limited to facilitating access to the platform as well as to the reservation service.
Users, drivers and passengers act under their sole and entire responsibility.
As an intermediary, madrive cannot be held liable for the actual progress of a journey, and in particular because:
Erroneous information communicated by the driver, in his announcement, or by any other means, as to the journey and its terms.
Cancellation or modification of a trip by a user.
The behavior of its members during, before or after the trip.
Article-11: Accessibility of the platform
Madrive will endeavor, as far as possible, to keep the platform accessible 7 days a week and 24 hours a day. However, access to the platform may be temporarily suspended, without notice, due to technical maintenance operations, migration, updates or due to breakdowns or constraints related to the operation of networks.
In addition, madrive reserves the right to modify or interrupt at its sole discretion, temporarily or permanently, all or part of the access to the platform or its functionalities.
Article-12: Modification of the general conditions of use
These Terms of Use and the documents incorporated by reference express the entire agreement between you and madrive relating to your use of the Services.
Madrive may be required to modify these general conditions of use in order to adapt to its technological and commercial environment and in order to comply with the regulations in force.
Any modification of these conditions will be published on the platform with a mention of the date of update.
Article -13: Applicable law-complaints
These general conditions of use are written in French and English, and subject to Canadian law.
You can present, if necessary, your complaints relating to the platform or its services by sending a message to the address support@madrive.ca. Madrive will strive to bring the points of view closer together.