Terms of Service

Terms of using OYAH Ride

1. CONTRACTUAL RELATIONSHIP

These Oyahgo – Terms and Conditions – Canada (“Oyahgo Terms”) govern your access to and use of the Oyahgo platform, applications, websites, content, products, and services (collectively, the “Oyahgo Services”), provided by Oyahgo. These terms apply to you as an individual residing in any country (excluding the United States, its territories, and Mainland China).

Scope of these Oyahgo Terms

Oyahgo Services may be offered directly by Oyahgo or, as specified in these Oyahgo Terms or any supplemental terms, by affiliated entities. Please note, the Oyahgo Services provided under these Oyahgo Terms do not include transportation services themselves, which are provided by third-party providers. Any additional services or activities may be subject to specific terms and conditions, which will be provided to you.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE OYAHGO SERVICES.

By clicking to accept, using, or placing an order through an Oyahgo application, website, or other affiliated platforms, you agree to these Oyahgo Terms, as updated from time to time, forming a contractual relationship between you and Oyahgo. If you do not agree to these terms, you should not access or use Oyahgo Services. These Oyahgo Terms supersede any previous agreements between you and Oyahgo concerning the use of the Oyahgo Services. Oyahgo reserves the right to terminate or restrict your access to any part of the Oyahgo Services at any time, for any reason.

Supplemental Terms

Certain Oyahgo Services may be subject to additional terms, such as those related to specific events, promotions, or service categories. These supplemental terms will be provided to you as relevant to the applicable service. You also agree to follow the Oyahgo Community Guidelines, available at [insert link to Oyahgo Community Guidelines]. Any supplemental terms and policies, including the Community Guidelines, are incorporated into these Oyahgo Terms. Should there be any conflict between these Oyahgo Terms and supplemental terms, the supplemental terms will take precedence for the relevant service.

Amendments

Oyahgo reserves the right to modify the Oyahgo Terms, supplemental terms, or policies (including the Community Guidelines) at any time. If significant changes are made that negatively affect your rights under these terms, Oyahgo will notify you by email, providing notice within the Oyahgo app, or updating the terms on the Oyahgo platform. Unless otherwise specified, such updates will take effect immediately once posted. Your continued use of Oyahgo Services after such notice or updates constitutes acceptance of the revised Oyahgo Terms. If you disagree with any changes, you must discontinue your use of the Oyahgo Services.

Privacy

Oyahgo’s collection and use of your personal information are governed by its privacy policy, which you can find at [insert link to Oyahgo Privacy Policy]. By using Oyahgo Services, you consent to Oyahgo sharing necessary information (including your contact information) with insurance providers or third parties in the event of a dispute, complaint, or incident involving you and a third-party provider, where required to resolve the matter.

2. THE OYAHGO SERVICES

Oyahgo will provide the Oyahgo Services to you in accordance with these Terms. The Oyahgo Services consist of a technology platform that allows you, as a user of Oyahgo’s applications or website (each, an “Application”), to: (a) arrange and schedule services with independent third-party providers who have an agreement with Oyahgo or its affiliates (“Third-Party Providers”), including: (i) transportation services from these Third-Party Providers; and (ii) other related services or purchases from such providers; (b) facilitate payments to Third-Party Providers for services rendered to you and receive receipts from an Oyahgo affiliate for those payments; and (c) access related services including customer support.

The Oyahgo Services are provided solely for your personal, non-commercial use, unless Oyahgo agrees otherwise with you in a separate agreement. You acknowledge that: (a) Oyahgo does not provide transportation services or act as a transportation carrier; (b) all transportation services are offered by independent Third-Party Providers, who are not employed by Oyahgo or its affiliates; and (c) Third-Party Providers are solely responsible for the services they provide to you.

License

Subject to your compliance with these Oyahgo Terms, Oyahgo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely for your use of the Oyahgo Services; and (ii) access and use any content, information, and related materials made available through the Oyahgo Services, for your personal, non-commercial use. All rights not expressly granted herein are reserved by Oyahgo and its licensors.

Restrictions

You may not: (i) remove any copyright, trademark, or other proprietary notices from any part of the Oyahgo Services; (ii) reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, transfer, display, or perform the Oyahgo Services except as expressly permitted by Oyahgo; (iii) decompile, reverse engineer, or disassemble the Oyahgo Services, unless permitted by applicable law; (iv) link to or frame any part of the Oyahgo Services; (v) engage in scraping, indexing, surveying, or data mining any part of the Oyahgo Services, or burden or impair its functionality; or (vi) attempt to gain unauthorized access to any aspect of the Oyahgo Services or its systems.

Provision of the Oyahgo Services

You acknowledge that different parts of the Oyahgo Services may be made available under various Oyahgo brands or service options, such as “Oyahgo”, “OyahgoX”, “OyahgoXL”, and others. Additionally, some services may be made available through Oyahgo’s affiliates or by Third-Party Providers.

Third-Party Services and Content

The Oyahgo Services may include access to third-party services and content (including advertisements) that Oyahgo does not control. You acknowledge that different terms of use and privacy policies may apply to your use of third-party services and content. Oyahgo is not responsible for the products or services of any third-party providers.

App Stores

You agree that the availability of the Applications may depend on the third-party provider from whom you received the Application’s license (e.g., Apple App Store or Google Play Store). You agree that these Oyahgo Terms are between you and Oyahgo, not with the App Stores. However, if you use the Oyahgo Services on iOS, Android, or other mobile platforms, third-party providers like Apple or Google are considered beneficiaries of these Oyahgo Terms and may enforce them.

Ownership

The Oyahgo Services and all related rights are and will remain the property of Oyahgo or its licensors. These Oyahgo Terms do not convey any rights to you in the Oyahgo Services, except for the limited license granted above. You do not have any right to use or reference Oyahgo’s trademarks, service marks, logos, or company names without permission.

Oyahgo Service Area

The services provided through Oyahgo are available in designated areas as communicated via the Application (“Oyahgo Service Area”). Oyahgo does not guarantee that the services will be available in the Service Area at all times.

3. YOUR USE OF THE OYAHGO SERVICES

User Accounts

To use most aspects of the Oyahgo Services, you must register for and maintain an active personal Oyahgo Services account (“Account”). You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to create an Account, unless specific Oyahgo Services permit otherwise. Account registration requires you to provide Oyahgo with personal information such as your name, address, mobile number, and age, along with at least one valid payment method (e.g., a credit card or an accepted payment partner). You agree to keep your Account information accurate, complete, and up-to-date. Failing to do so, including keeping an invalid or expired payment method, may result in your inability to access or use the Oyahgo Services. You are responsible for all activity under your Account and must maintain the confidentiality of your username and password. Unless permitted by Oyahgo in writing, you may only have one Account.

User Requirements and Conduct

The Oyahgo Services are not available for use by individuals under 18 years of age. You may not authorize third parties to use your Account, nor allow individuals under 18 to receive: (i) transportation services from Third-Party Providers unless they are accompanied by you; or (ii) delivery services from Third-Party Providers. You are responsible for the actions or omissions of anyone under 18 in such cases. You may not assign or transfer your Account to another person or entity. You must comply with all applicable laws when using the Oyahgo Services and may only use them for lawful purposes (e.g., no transport of illegal or hazardous materials). You agree not to cause nuisance, inconvenience, or property damage to Third-Party Providers or any other party, including Oyahgo, its affiliates, or employees. In certain instances, proof of age, identity, or verification may be required, and you may be denied service if you fail to provide such verification.

Pets

At the discretion of a Third-Party Provider, you may bring small pets, such as a dog or cat, on a ride requested through the Oyahgo Services. You are responsible for ensuring the pet is properly secured with a leash, harness, crate, or other means. Any damage caused by your pet to the provider’s vehicle or property may result in a Charge for Repair or Cleaning under Section 5. Please note that Oyahgo’s policies on service animals allow service animals to accompany riders without extra charge, regardless of whether it is a pet-friendly trip.

Car Seats

If you request a ride with a car seat, you acknowledge that Oyahgo and Third-Party Providers are not responsible for the safety or installation of the child restraint/car seat. It is your responsibility to ensure proper installation and that the child is securely fastened.

Assistance

If you request a ride where the driver assists you outside the vehicle (e.g., Oyahgo Assist), you acknowledge that neither Oyahgo nor the Third-Party Provider is responsible for any injury or incident arising from the assistance provided.

Commercial Electronic Messaging

By creating an Account, you agree to receive commercial electronic messages (including emails, SMS, or push notifications) from Oyahgo or its affiliates as part of the normal business operation. You may also receive marketing and promotional messages about Oyahgo products or services. You can opt out of receiving promotional messages at any time, although doing so may impact your use of the Oyahgo Services.

Promotional Codes

Oyahgo or its affiliates may create promotional codes that can be redeemed for Account credit or benefits related to a Third-Party Provider’s services, subject to terms set by Oyahgo. You agree that promotional codes: (i) must be used as intended, lawfully, and for the specified audience; (ii) cannot be duplicated, sold, or transferred unless explicitly allowed by Oyahgo; (iii) may be disabled at any time without liability; (iv) must be used according to specific terms; (v) are not valid for cash; and (vi) may expire. Oyahgo reserves the right to withhold or deduct benefits obtained through promotional codes if it determines that they were redeemed fraudulently or in violation of the terms.

User-Provided Content

Oyahgo may allow you to submit content (e.g., feedback, comments, competition entries) through the Oyahgo Services. Any content you provide remains your property, but by submitting it, you grant Oyahgo a worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, modify, distribute, and display your content for any purpose related to the Oyahgo Services without notice or compensation. You represent that you own or have the rights to the content you provide and that it does not violate any laws or infringe on the rights of others. Oyahgo may, but is not obligated to, review or remove content at its discretion.

Network Access and Devices

You are responsible for obtaining data network access to use the Oyahgo Services. Your mobile provider’s rates and fees may apply. You are also responsible for acquiring and maintaining compatible devices to access the Oyahgo Services. Oyahgo does not guarantee that the Services will work on all devices and is not responsible for Internet or device malfunctions.

4. PAYMENT

You acknowledge that using the Oyahgo Services may result in charges for the services or goods provided by a Third Party Provider (“Third Party Charges”). Once you receive services or goods through the Oyahgo Services, Oyahgo or one of its affiliates will process your payment for the applicable Third Party Charges as the Third Party Provider’s limited collection agent. Payment of Third Party Charges in this manner is considered equivalent to direct payment to the Third Party Provider. Third Party Charges will include applicable taxes as required by law and are final and non-refundable unless otherwise determined by Oyahgo. Subject to local laws, you may request adjustments to Third Party Charges for transportation services directly from the Third Party Provider. Oyahgo will respond to any modification requests from the Third Party Provider accordingly.

All Third Party Charges are due immediately upon completion of the service or delivery, and payment will be facilitated by Oyahgo through the preferred payment method you have designated in your Account. If your primary payment method is expired, invalid, or otherwise unusable, Oyahgo or its affiliate may use a secondary payment method, if available.

Oyahgo reserves the right to establish or modify Third Party Charges for any services or goods obtained through the Oyahgo Services, including in cases where you request additional services. Additionally, you acknowledge that Third Party Charges in specific geographical areas may increase substantially during peak demand periods. Oyahgo will make reasonable efforts to inform you of any such changes in Third Party Charges, but you remain responsible for all charges incurred under your Account. Please note that payment card statements may show a charge from Oyahgo or an affiliate, which indicates that Oyahgo facilitated the payment, not necessarily that Oyahgo sold the goods or services.

From time to time, Oyahgo or its affiliates may issue promotional codes that could reduce the amounts charged for services or goods. Such promo codes are provided without cost, have no cash value, cannot be redeemed for cash, and are not transferable or exchangeable. Unless a promo code is made available to you, it will not affect the charges applied to you.

Gratuities

The payment structure is designed to fully compensate the Third Party Provider for the services or goods provided. Except for taxicab services requested through the Oyahgo platform, no portion of your payment is considered a tip or gratuity. However, you are free to offer an additional gratuity to any Third Party Provider, but you are under no obligation to do so. Gratuities are entirely voluntary. After completing a service, you will have the option to rate your experience and leave feedback for the Third Party Provider.

Cancellations

You may cancel a transportation request at any time before the Third Party Provider arrives. However, you may be charged a cancellation fee. If the cancellation occurs for reasons beyond your control, you may be eligible for a refund based on Oyahgo’s cancellation policies.

For delivery services, you may cancel an order at any time until the Third Party Provider begins preparing the items. Once the preparation has started, cancellation may incur a charge, not exceeding the full price of the ordered items. If you cancel after the delivery process has begun, you will be charged the full price of both the items and delivery service.

In the case of failed or canceled deliveries, if Oyahgo determines that the issue is attributable to you (e.g., incorrect delivery address), you will be charged a fee up to the full price of both the items and delivery service. If the failure or cancellation is due to reasons not attributable to you, you may be entitled to a refund for any charges.

To request a correction for any Third Party Charges, you must notify Oyahgo in writing within 30 days after the charge was invoiced. Beyond this period, Oyahgo will not be responsible for any disputes, and you waive your right to contest the charges.

Repair, Cleaning, or Other Fees

Oyahgo may charge a fee for any damages you cause to a vehicle or property during the use of the Services that require repair or cleaning (“Repair” or “Cleaning”). The fee will be based on the type and severity of the damage, and Oyahgo may require documentation to verify the damage. If a Third Party Provider reports the need for Repair or Cleaning, and the request is verified by Oyahgo, Oyahgo will facilitate the payment of the reasonable cost using your Account’s designated payment method. These fees are non-refundable and will be transferred to the applicable Third Party Provider.

Additionally, if you violate any terms of the Oyahgo Services, you may be liable for additional fees or charges, including for incomplete transactions that result from your non-compliance with these terms.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

APPLICATION TO OYAHGO AND ITS AFFILIATES

The limitations and disclaimers in this section apply to Oyahgo and its affiliates’ liability under these Terms, including all services provided through the Oyahgo platform. Oyahgo is not responsible for any liabilities related to delivery or shopping services offered by Third Party Providers.

DISCLAIMER

The Oyahgo Services are provided on an “as is” and “as available” basis. Oyahgo and its affiliates disclaim all representations and warranties, express, implied, or statutory, not explicitly set out in these Terms, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Oyahgo makes no representations or warranties regarding the reliability, timeliness, quality, suitability, or availability of the Oyahgo Services or any services or goods requested via the platform, nor does Oyahgo guarantee that the Services will be uninterrupted or error-free. Oyahgo does not guarantee the quality, safety, suitability, or abilities of any Third Party Providers, and you agree that all risk associated with your use of the Oyahgo Services remains solely with you, to the maximum extent permitted by law. Third Party Providers offering transportation or other services are not agents, employees, or representatives of Oyahgo, and Oyahgo does not control or endorse user-generated content or Third Party Content accessible through the Oyahgo Services. Oyahgo cannot and does not guarantee that the Services or servers are free from harmful elements such as viruses.

LIABILITY

Limitation of Liability

Oyahgo and its affiliates will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to your use of the Oyahgo Services, even if Oyahgo has been informed of the potential for such damages. Oyahgo is not liable for any damages or losses arising from: (i) your use of or inability to use the Oyahgo Services; or (ii) any relationship or transaction between you and a Third Party Provider, even if Oyahgo has been advised of the possibility of such damages. Oyahgo is not responsible for delays or failure in performance due to causes beyond its reasonable control.

Additionally, Oyahgo is not liable for any issues related to ridesharing services requested through the platform, including cases where Third Party Providers may not be professionally licensed. Furthermore, Oyahgo is not liable for damages related to the improper use or installation of child restraint systems required by law for passengers. Oyahgo’s total liability for any damages, losses, or causes of action will not exceed one thousand Canadian dollars (CAD $1000).

The Oyahgo Services allow you to request transportation, delivery, or logistics services from Third Party Providers, but Oyahgo bears no responsibility or liability for these services beyond what is explicitly stated in these Terms.

These limitations and disclaimers do not intend to limit liability or alter your rights as a consumer where such rights cannot be excluded under applicable law.

INDEMNITY

You agree to indemnify and hold Oyahgo, its affiliates, and their officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Oyahgo Services or any services or goods obtained through the Oyahgo platform; (ii) your violation of these Terms; (iii) Oyahgo’s use of any content you submit; or (iv) your infringement of the rights of any third party, including Third Party Providers.

6. GOVERNING LAW

These Oyahgo Terms shall be governed by and construed in accordance with the laws of the province of Manitoba, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes or claims arising out of or in connection with these Terms shall be exclusively resolved under these laws.

7. DISPUTE RESOLUTION

IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO SEEK RELIEF THROUGH A COURT PROCEEDING.

ARBITRATION REQUIREMENT

Unless prohibited by law, all disputes arising out of or relating to: (i) these Oyahgo Terms, (ii) the Oyahgo Services, (iii) your access to or use of the Applications, or (iv) advertisements, promotions, or statements related to Oyahgo, will be conclusively resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. Arbitration will be conducted in English or French as chosen by you, and may occur remotely by telephone or internet.

The ADRIC Rules are available by searching online or through the ADRIC website at <www.adric.ca>. You are responsible for some arbitration fees as described by the ADRIC Rules.

Before arbitration begins, the party with the claim must first engage in informal negotiations with the other party for a minimum of 30 days, but no longer than 45 days unless both parties agree to an extension. During this negotiation period, any limitation periods applicable to the claim will be suspended.

Nothing in this section prevents you from filing a claim with a government agency or seeking legal remedies where applicable law requires.

If your claim involves allegations of sexual assault or harassment, you may choose to bring the claim in court instead of arbitration. Oyahgo will honor your choice regarding such claims without waiving the enforceability of this arbitration requirement for other disputes.

This arbitration agreement survives: (i) termination of the Oyahgo Terms and (ii) bankruptcy of either party. If any part of this arbitration requirement is deemed unenforceable, the remaining parts will remain in effect.

8. OTHER PROVISIONS

Claims of Copyright Infringement

Claims of copyright infringement should be sent to Oyahgo’s designated agent. Please visit the Oyahgo website at https://www.oyahgo.com/legal for the designated address and additional information regarding how to file a copyright infringement claim.

Notice

Oyahgo may provide notice to you by means of a general notice on the Oyahgo Services, by email to the email address registered to your Account, or by written communication sent to the address set forth in your Account. You may provide notice to Oyahgo by sending written communication to Oyahgo’s office at [insert office address here].

General

You may not assign or transfer these Oyahgo Terms in whole or in part without Oyahgo’s prior written consent. You hereby give your consent for Oyahgo to assign or transfer these Oyahgo Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Oyahgo’s equity, business, or assets; or (iii) a successor by merger.

No joint venture, partnership, employment, or agency relationship exists between you and Oyahgo or any Third Party Provider as a result of the agreement between you and Oyahgo or through your use of the Oyahgo Services.

If any provision of these Oyahgo Terms is found to be illegal, invalid, or unenforceable, in whole or in part, under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable, or if not possible, it shall be severed, and the remaining provisions of these Terms shall remain in full force and effect. The parties agree to replace any such illegal, invalid, or unenforceable provision with a valid, legal, and enforceable provision that achieves the closest possible intent and effect of the original provision.

These Oyahgo Terms, along with any incorporated policies, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements or undertakings. Nothing in this provision limits your rights as a consumer under applicable law.

In these Oyahgo Terms, the words “including” and “include” shall be understood to mean “including, but not limited to.”