Contractual Relationship These Terms of Use (“Terms”) govern the access or use by an individual, of applications, websites, content, products, and services (“Services”) made available by Go Valet, a private limited liability company, having its offices at 27 Legend Court, Ancaster, ON L9K 1J3 P.O. Box 10012.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
The access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Go Valet. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you and Go Valet. Go Valet may immediately terminate these Terms or any Services concerning you, or generally stop offering or deny access to the Services or any portion thereof, at any time. Additional terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the relevant Services. Additional terms are in addition to and shall be deemed a part of, the Terms for the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict concerning the relevant Services. Go Valet may modify the Terms related to the Services at any time. Amendments will be effective upon Go Valet’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information connected with the Services is provided in Go Valet’s Privacy Statement at Go Valet may provide to a claims processor or an insurer any necessary information which may include your contact information if there is a complaint, dispute or conflict, which may consist of an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services The Services constitute a technology platform that enables users of Go Valet’s mobile applications or website provided as part of the Services (each, an “Application”) to arrange and schedule transportation or logistics services with independent third party providers of such services, including independent third-party transportation providers and independent third party logistics providers under agreement with Go Valet or certain of Go Valet’s affiliates (“Third Party Providers”). Unless otherwise agreed by Go Valet in a separate written agreement with you, the Services are made available solely for personal, non-commercial use.
YOU ACKNOWLEDGE THAT GO VALET DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY GO VALET OR ANY OF ITS AFFILIATES.
License Subject to your compliance with these Terms, Go Valet grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: 1) access and use the Applications on your device solely in connection with your use of the Services; and 2) access and use any content, information and related materials that may be made available through the Services, in each case solely for personal, non-commercial use. Any rights not expressly granted herein are reserved by Go Valet and Go Valet’s licensors.
Restrictions You may not: 1) remove any copyright, trademark or other proprietary notices from any portion of the Services; 2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Go Valet; 3) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; 4) link to, mirror or frame any part of the Services; 5) cause or launch any programs or scripts for indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation or functionality of any aspect of the Services; or 6) attempt to gain unauthorized access to or damage any aspect of the Services or its related systems or networks.
Provisions of the Service You acknowledge that parts of the Services may be made available under Go Valet’s various brands or request options related to transportation or logistics. You also acknowledge that the Services may be made available under other brands or request options by or in connection with: 1) certain of Go Valet’s subsidiaries and affiliates; or 2) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third-Party Services and Content Ownership The Services may be made available or accessed with third-party services and content that Go Valet does not control. You acknowledge that correlating terms of use and privacy policies may apply to your use of such third-party services and content. Go Valet does not endorse such third-party services and content, and in no event shall Go Valet be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited or their applicable international subsidiaries and affiliates, will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms outlined in the applicable third-party beneficiary’s Terms of Service.
Ownership The Services and all rights therein shall remain as Go Valet’s property or the property of Go Valet’s licensors. Neither these Terms nor your use of the Services convey or grant any rights to you: 1) in or related to the Services except for the limited license granted above; or 2) to use or reference Go Valet’s company names, logos, product and service names, trademarks or services marks or those of Go Valet’s licensors.
Your Use of the Services User Accounts To use many aspects of the Services, you must register for, maintain and update an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Go Valet specific personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and current information in your Account. The failure to maintain accurate, complete, and current Account information, including having an invalid or expired payment method on file, may result in the inability to access and use the Services or Go Valet’s termination of these Terms with you. The account owner is responsible for all activity that occurs under your Account, and that you agree to maintain the security and secrecy of your Account username and password at your own will. Unless otherwise permitted by Go Valet in writing and signature, you may only possess one Account. Mobile numbers associated with accounts must not be aliases. Any violation will result in the deactivation of Account. Mobile numbers will not be sold or released to a third-party.
User Requirements and Conduct The Service is not available for use by persons under the age of 18, without the proper legal consent. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless you accompany them. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). In your use of the Services, you agree not to cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identification.
Text Messaging By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the regular business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Go Valet at any time by sending an email to , indicating that you no longer want to receive SMS messages and the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
User-Provided Content Go Valet may, in its sole discretion, permit you to submit, upload, publish or otherwise make available to Go Valet through the Services textual, audio, or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Go Valet, you grant Go Valet a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: 1) you are the exclusive owner of all User Content, or you have all rights, licenses, consents and releases necessary to grant Go Valet the license to the User Content as set forth above; and 2) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Go Valet’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Go Valet in its sole discretion, whether or not such material may be protected by law. Go Valet may, but shall not be obligated to, review, monitor, or remove User Content, at Go Valet’s sole discretion and at any time and for any reason, without notice.
Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device, and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates to it. Go Valet does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Also, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment You understand that the Services use may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or products obtained through your use of the Service, Go Valet will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Go Valet. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider when you receive such services or products. Go Valet will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or product. All Charges are due immediately, and payment will be facilitated by Go Valet using the preferred payment method designated in your Account, after which Go Valet will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Go Valet may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Go Valet, Go Valet reserves the right to establish, remove, or revise Charges for any or all services or goods obtained through the Services’ use at any time in Go Valet’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Go Valet will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Go Valet may from time to time provide certain users with promotional offers and discounts that may result in different prices charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time before such Third-Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except concerning taxicab transportation services requested through the Application, Go Valet does not designate your payment as a tip or gratuity to the Third-Party Provider. Any representation by Go Valet (on Go Valet’s website, in the Application, or Go Valet’s marketing materials) to the effect that tipping is “voluntary,” “not required,” or “included” in the payments you make for services or goods provided is not intended to suggest that Go Valet provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or products obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
Repair or Cleaning Fees You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account above normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a Third Party Provider reports the need for Repair or Cleaning, and Go Valet verifies such Repair or Cleaning request in Go Valet’s reasonable discretion, Go Valet reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Go Valet to the applicable Third-Party Provider and are non-refundable. Claims for Repair or Cleaning can be inquired about and disputed by the Account Owner. Pictures and testimonials can be submitted to . Ultimately, Go Valet reserves the right to accept or deny the counter claimed charge.
Disclaimer Limitation of Liability The services are provided “as is” and “as available.” Go Valet disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Also, Go Valet makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Go Valet does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that entire risk arising out of your use of the services, and any service or good requested in connection in addition to that, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability Go Valet shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Go Valet has been advised of the possibility of such damages. Go Valet shall not be liable for any damages, liability or losses arising out of: 1) your use of or reliance on the services or your inability to access or use the services; or 2) any transaction or relationship between you and any third-party provider, even if Go Valet has been advised of the possibility of such damages.
Go Valet shall not be liable for delay or failure in performance resulting from causes beyond Go Valet’s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. In no event shall Go Valet’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred dollars ($500). Go Valet’s services may be used by you to request and schedule transportation, goods or logistics services with third party providers. However, you agree that Go Valet has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third-party providers other than as expressly outlined these terms. The limitations and disclaimer do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity You agree to indemnify and hold Go Valet and its officers, directors, employees and agents harmless from all claims, demands, losses, liabilities, and expenses arising out of or connected with: 1) your use of the Services or services or goods obtained through your use of the Services; 2) your breach or violation of any of these Terms; 3) Go Valet’s use of your User Content; or 4) your violation of the rights of any third party, including Third-Party Providers
OTHER PROVISIONS
Claims of Copyright Infringement Claims of copyright infringement should be sent to Go Valet’s support team. Please visit Go Valet’s web page at or email for the designated address and additional information.
Notice Go Valet may give notice through a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as outlined in your Account. You may give notice to Go Valet by written communication to Go Valet’s address at 27 Legend Court, Ancaster, ON L9K 1J3 P.O. Box 10012. Or by email at info@govalet.ca
General You may not assign or transfer these Terms in whole or in part without Go Valet’s prior written approval. You give your consent to Go Valet to assign or transfer these Terms in whole or in part, including: 1) a subsidiary or affiliate; 2) an acquirer of Go Valet’s equity, business or assets; or 3) a successor by merger
No joint venture, partnership, employment or agency relationship exists between you, Go Valet or any Third-Party Provider as a result of the contract between you and Go Valet or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or portion thereof shall be deemed not part of these Terms, but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a requirement or portion thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties concerning its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
