2. WHO IS TANGORIDE?
3. HOW TANGORIDE WORKS
3.1 TangoRide connects a Driver who wants to travel to a particular destination with a Passenger who wants to make a similar trip (TheJourney).
3.2The Driver uses The App to set their destination as well as the radius in which they are willing to pick up and drop off Passengers (The Journey Proposal).
3.3 Meanwhile, the Passenger uses The App to set their pick up location and destination.
3.4 TangoRide will match a Driver with a Passenger who is taking the most similar route. The App will then notify the Driver that they have been matched with the Passenger. The Driver can then use to The App to offer the Passenger a seat in their vehicle.
3.5 If a Passenger accepts the Driver’s offer, they secure a seat in the Driver’s vehicle (the Seat).
3.6 The Driver will then go to the pick up location. Both the Passenger and the Driver will confirm each other’s identity based on the information provided by The App. Once both parties are satisfied, the Passenger will pay the Driver in advance via The App (theTotal Fare). The Total Fare is comprised of a fee retained by TangoRide(the Service Fee) and a reimbursement of expenses which is retained by the Driver (the Reimbursement). TheTotal Fare can be checked on The App at any time.
3.7 Once the Total Fare has been paid, the Driver’s and Passenger’s trusted contacts are notified that they are using TangoRide and the Journey will commence.
3.8 When the Passenger arrives at their destination, the Passenger and Driver will have the opportunity to provide an experience rating of each other.
4. WHAT’S THE POINT OF THESE TERMS?
4.1 These terms govern your access to and use of The App. They tell you what TangoRide is, how it provides services to you and other important information. Please read these terms carefully.
4.2 TangoRide provides real time matching technology via The App in exchange for the Service Fee.TangoRide is not a party to the contract that is created between a Driver and their Passengers or any other contracts that may be created by Members using The App.
4.3 By signing up to The App you confirm that you have read and accept these terms.
4.4 TangoRide may update these terms in the future in which case you will be notified of the change. Your continued use of TangoRide after that notification will be deemed acceptance of the updated terms.
5. ONLY INDIVIDUALS
5.1 The App is only available to consumers and cannot be used to generate income or profit of any nature.
- 5.1.1 You are a consumer if you are an individual who is using TangoRide’s services wholly for your personal use.
- 5.1.2 You are a business customer if you are using our services in connection with your trade, business or profession. In these circumstances, you can use The App as a Passenger but not to generate income.
5.3 Any Member found to be misusing The App or in breach of these terms will be permanently banned and their profile deleted.
6. HOW TO REGISTER WITH TANGORIDE
6.1 The App may only be used by Members aged 18 or over. Anyone under the age of 18 is not permitted to register as a Member. By accessing or using The App or registering as a Member, you represent and warrant that you are aged 18 or over.
6.2 To become a Member, you must:
- 6.2.1 Complete The App sign up process https://tangoride.com/; and
6.3 You must provide accurate and true information. If any of the information changes in the future, you must update the information through your profile on The App.
7. SECURITY AND VERIFICATION
7.1 You agree to keep your App password secret. This means that you will not share your password with anyone else or store it via a non-secure method. If you share, lose or forget your password, you agree to immediately change your password on the App using the ‘forgot password’ feature.
7.2 If you do not reset your password or notify TangoRide that your password has been compromised, you will be solely responsible for any use of your account by any third parties.
7.3 Trust and safety are important features of the App. It is therefore essential that you do not use anyone else’s account or present yourself as a different Member.
7.4 For this reason, it is essential that your profile includes a current photograph of you.
7.5 TangoRide will require you to verify some or all of the information you provide during the sign-up process, including your telephone number, driving licenceand any other identity document. These documents may be checked against the profile picture you have provided.
7.6 Access to the App means that the Members have passed the verification procedure. Reasonable measures will be taken to complete the verification procedure and TangoRide reserves the right to engage suitable third parties to undertake this. Where a third party is engaged for this purpose TangoRide cannot accept responsibility for, or guarantee the accuracy of, any information which has been procured by that third party.
7.7 Members are advised that whilst basic verification checks will be carried out on every Member, TangoRide cannot guarantee the accuracy or validity of the information supplied during registration.
7.8 Members should exercise all due caution and satisfy themselves as to the suitability of the Member with whom they intend to undertake a journey.
7.9 TangoRide is not liable if a Member’s identity is used by another person. If you have reason to believe that another person may be using your account, you must contact us immediately.
8. DRIVER REQUIREMENTS
8.1 If you are a Driver, you can only make a Journey Proposal if:
- 8.1.1 you hold a valid driving licence which permits you to drive in Canada;
- 8.1.2 either (i) you own the vehicle which will be used to make the Journey or (ii) you have the owner’s express permission to use the vehicle for the Journey;
- 8.1.3 you remain the sole driver of the vehicle for the entire duration of the Journey;
- 8.1.4 you are not legally or medically prohibited from driving;
- 8.1.5 The vehicle has valid insurance (third party as a minimum);
- 8.1.6 The vehicle is a car with 4 wheels and a maximum of 7 seats;
- 8.1.7 All of the seats in the vehicle have a fully functioning seatbelt;
- 8.1.8 The vehicle is in good working order and complies with the applicable legal provisions and customs; and
- 8.1.9 you have provided TangoRide with a copy of your driving licence and, if required, your car registration certificate, insurance certificate, and written permission to drive the vehicle.
8.2 In addition, you:
- 8.2.1 represent and warrant the accuracy and truthfulness of all information contained in your profile.
- 8.2.2 undertake to complete the Journey Proposal, including to the drop off location.
- 8.2.3 Recognise that TangoRide may, at its sole discretion and without notice, cancel any Journey Proposal that does not comply with the terms or risks damaging the image or reputation of The App or TangoRide.
8. PASSENGER REQUIREMENTS
9.1 If you are a Passenger, you can only accept a Journey Proposal if:
- 9.1.1 You are available and waiting at the pick up location;
- 9.1.2 If carrying animals, excessive luggage or particularly large objects, you agree to call the Driver to ask permission to carry the same in their vehicle. TangoRide does not control what can be carried by Passengers into vehicles and it is at the Driver’s discretion whether to accept or decline to carry or to transport any animal or objects.
10. YOUR RIGHT TO CANCEL
10.1 You are entitled to decline or cancel the Journey without incurring a charge up until payment is made by the Passenger. Whilst there is no penalty to cancel the Journey, TangoRide may monitor misuse of this non-penalty cancellation to maintain appropriate behaviour towards fellow Members. We may terminate the account of any Member found to be misusing this non-penalty cancellation.
10.2 After payment is made by the Passenger, if the Journey is ended before the Passenger’s destination, the Driver will need to provide a reason for the early termination of the Journey. TangoRide will have absolute discretion to determine whether any fare is to be refunded to the Passenger.
11.1 The TangoRide community is built on trust. We therefore encourage all Members to leave reviews on their TangoRide experience after each Journey (Review). Reviews include a combination of a star rating (out of five). You also have the opportunity to add a short comment (maximum 180 characters). Comments will not be published, however the star rating will be published on each Member’s profile.
11.2 Reviews are provided by fellow Members to rate their service. TangoRide may investigate allegations of inappropriate behaviour reported by a Review, or otherwise. TangoRide may terminate a Member’s account as a result.
12. REIMBURSEMENT AND SERVICE FEE
12.1The Reimbursement is calculated by TangoRide so Driver and Passenger(s) do not have to negotiate. The maximum reimbursement is set in accordance with the Government of Canada’s 2022 Automobile Allowance Rate at $0.55 per kilometer net of any Driver transaction costs incurred by TangoRide. In the Northwest Territories, Yukon and Nunavut, there is an additional $0.04 per kilometer allowed for travel. To maximize the Reimbursement to each Driver, completed trips are paid out once per week which helps minimize any Driver transaction costs. The Reimbursement has been fixed in this way in order to ensure that Drivers do not profit from the App. This means that Drivers may be reimbursed at the same maximum rate of $0.55 per kilometer for a Journey, whether they agree to take one or more Passengers. This maximum allowable rate will be adjusted from time to time when updates are made by the Government of Canada each year.
12.2 The Service Fee is applied in addition to the Reimbursement. The Service Fee compromises of a Matching Fee per trip, a Variable Distance Fee as percentage of the Reimbursement plus any applicable Valued Added Taxes. The maximum Matching Fee per trip is $2.00 and the maximum Variable Distance Fee is 15%. The Service Fee will be retained by TangoRide.
13. YOUR RIGHT TO MAKE CHANGES
If you want to change the pick up or drop off location before the Journey Proposal has been accepted, this will be possible via the App. If you want to change the pick up or drop off location after the Journey Proposal has been accepted, you can cancel the Journey Proposal without penalty and rebook the Journey. Once the Journey has started, you cannot change the drop off location without the Driver’s agreement and, if agreed, this will be at no additional charge.
14. OUR RIGHT TO MAKE CHANGES
We may change the App from time to time to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. We will do our best to ensure that these changes do not affect your use of the App. Where this is not possible we will let you know about the changes and possible impact in advance.
15. LIMITS TO OUR RESPONSIBILITY
15.1 We are not responsible for:
- 15.1.1 Delays to your Journey due to traffic congestion or problems with the vehicle;
- 15.1.2 Passengers or Drivers being late or failing to communicate; or
- 15.1.3 any other aspects of the Journey beyond connecting Members.
15.2 If you are unable to obtain access to The App due to an event outside of our control, then we will:
- 15.2.1 contact you as soon as possible to explain the situation; and
- 15.2.2 take steps to minimise the effect of the delay.
15.3 In these circumstances, we will not be liable for delays caused by any event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Journeys you have paid for but not yet taken.
16. APP JOURNEY CANCELLATION
16.1 TangoRide does not offer any guarantee that a Journey will proceed as planned.
16.2 If a Driver withdraws an accepted Journey Proposal, the Journey is automatically cancelled. If a Driver cancels on more than three occasions within a one-month period, TangoRide reserves the right to temporarily or permanently ban them from the App.
16.3 If a Driver has not arrived at the agreed meeting point after the anticipated arrival time, the Passenger will be able to cancel the Journey without penalty. If a Passenger cancels an accepted Journey Proposal on more than three occasions in a one-week period (for reasons other than the Driver's fault and/or without valid reason), TangoRide reserves the right to temporarily or permanently ban them from the App. TangoRide has the final say over what constitutes a valid reason.
17. RIGHT OF WITHDRAWAL
Once payment has been made, Members do not have a right of withdrawal. This is because at that point, TangoRide has completed its contractual agreement to facilitate real time ride sharing.
18. BEHAVIOUR WHEN USING THE APP
18.1 All Members are responsible for respecting all applicable laws, regulations and obligations. In particular, Members agree:
- 18.1.1 not to use The App for professional, commercial or profit-making purposes;
- 18.1.2 not to provide false, misleading, malicious or fraudulent information to TangoRide or fellow Members;
- 18.1.3 that throughout the Journey and in the course of any communications with TangoRide or other Members, not to speak, gesture or behave in any way which may be interpreted as defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist, xenophobic, sexual, inciting violence, discriminatory, encouraging the use of illegal substances or illegal activity, or more generally contrary to good morals;
- 18.1.4 not to infringe the rights and image of TangoRide including but not limited to its intellectual property rights;
- 18.1.5 not to open more than one account on The App;
- 18.1.6 not to open an account in someone else’s name;
- 18.1.7 not to accept or make any additional payment other than as agreed with TangoRide, for example, as a reimbursement for damage caused to upholstery;
18.2 In addition, if you are a Driver, you agree:
- 18.2.1 To respect all laws, regulations and codes applicable to driving and the vehicle, including possession of a valid driving licence and having valid insurance (third party as a minimum);
- 18.2.2 to check that your vehicle insurance covers carpooling and that any Passengers are covered by their insurance throughout the entire Journey;
- 18.2.3 not to infringe, misappropriate or violate the rights and image of TangoRide including but not limited to its intellectual property rights;
- 18.2.4 not to take any risks when driving including having adequate sleep before driving, not drinking any alcohol or taking any medication or other substance that may impair your ability to drive;
- 18.2.5 to use a vehicle in good working order and which complies with the applicable legal provisions and customs;
- 18.2.6 Not to take more Passengers than the number of seats available in your vehicle;
- 18.2.7 to wait for Passengers at the agreed pick-up location for a reasonable amount of time after the agreed time. What is considered a reasonable amount of time will depend on the circumstances, for example the length of the journey and/or when the booking was made;
- 18.2.8 Not to generate any profit via The App;
- 18.2.9 not to decline any Passenger’s Journey request based on race, colour, ethnicity, national origin, religion or belief, sex, sexual orientation, gender reassignment status, marital or civil partnership status, disability, physical appearance, pregnancy or maternity, special vulnerability due to their economic situation, name, place of residence, health, political opinion or age;
- 18.2.10 Not to arrange Journeys with any Passenger(s) outside of The App;
- 18.2.11 Not to charge Passengers outside of (or in addition to) the agreed Reimbursement;
- 18.2.12 Not to sub-contract any Journeys, including but not limited to, via the use of a motor vehicle together with a paid private hire driver (aPrivate Hire Vehicle);
- 18.2.13 That TangoRide will monitor and track your geo-location information when you are using The App; and
18.3 In addition, if you are a Passenger, you agree:
- 18.3.1 To adopt appropriate behaviour throughout the Journey;
- 18.3.2 To not hinder the concentration or driving of the Driver or the peace and quiet of any other Passengers;
- 18.3.3 To respect the Driver’s vehicle and its cleanliness;
- 18.3.4 To wait at the pick up point at the agreed time;
- 18.3.5 To provide accurate payment details;
- 18.3.6 Not to transport any item, goods, substance or animal that is illegal or could hinder the driving and concentration of the Driver. Members are directed to the FAQ’s section of the TangoRide website.
18.4 TangoRide reserves the right to immediately terminate the account of any Member who breaches these terms including clauses 18.1, 18.2 and 18.3 above.
18.5 TangoRide shall not be liable to you or any third party for termination of your account.
19. PERSONAL DATA
20. INTELLECTUAL PROPERTY
20.1TangoRide is the sole owner of all intellectual property rights relating to the App. This includes all content such as text, images, designs, logos, videos, sounds, databases, graphics and software (TangoRide Content).
20.2TangoRide grants you a limited, non-exclusive, non-sublicensable, revocable, personal and non-transferable right to use the App for your personal and private use, on a non-commercial basis and in compliance with the purposes of the App. Any rights not expressly granted herein are reserved by TangoRide and TangoRide’s licensors.
20.3You are prohibited from any other use or exploitation of the intellectual property rights on the App, including:
- 20.3.1 removing any copyright, trademark or other proprietary notices from any TangoRide Content;
- 20.3.2 selling, reselling, leasing, licensing, renting, transferring, reproducing, modifying, preparing derivative works based on, adapting, distributing, publicly representing, disseminating or otherwise exploiting the App or the TangoRide Content;
- 20.3.3 Decompiling and reverse engineering The App;
- 20.3.4 link to, mirroring or framing any portion of the App or TangoRide Content; or
- 20.3.5 Extracting or attempting to extract (whether by data mining robots or otherwise) a substantial part of the data on The App.
21. CONTENT POSTED BY YOU ON THE APP
21.1 You grant TangoRide a worldwide, irrevocable, transferable, non-exclusive, perpetual and royalty free licence for no fee to use, adapt, translate, reproduce, disseminate, create derivative works of, distribute, publicly perform or display, or otherwise exploit any intellectual property rights, such as reviews or photographs, that you provide to TangoRide whether via the App or otherwise (User Generated Content) without further notice or consent to you.
21.2 You waive all moral rights in the User Generated Content. This means that TangoRide can modify, reformat, translate and transform the User Generated Content without attributing the User Generated Content to you.
21.3 You represent and warrant that:
- 21.3.1 you either are the sole and exclusive owner of all User Generated Content or you have all rights, licences, consents and releases necessary to grant TangoRide the licence to the User Generated Content as set forth in this section 21; and
- 21.3.2 neither the User Generated Content nor your submission, uploading, publishing or otherwise making available of such User Generated Content nor TangoRide’s use of the User Generated Content 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.
22. TANGORIDE’S ROLE
22.1 TangoRide’s role is limited to providing access to The App.
22.2 TangoRide is not:
- 22.2.1 Party to any agreement entered into between you and other Members with a view to sharing the costs relating to a Journey. TangoRide does not offer any Journeys on The App;
- 22.2.2 In control of the behaviour of its Members in particular, TangoRide has no control of the validity, truthfulness or legality of the Journey Proposal;
- 22.2.3 Responsible for, or in any position to, exploit, supply or manage the vehicles used by Drivers;
- 22.2.4 A transport service or a carrier;
- 22.2.5 liable for any changes or cancellations of a Journey or the experience of the Driver or Passengers on the Journey; or
- 22.2.6 licensed for use by Private Hire Vehicles.
23. OPERATION, AVAILABILITY AND FUNCTIONALITIES OF THE APP
23.1 TangoRide tries maintains and operatesThe App at all times. However, access may be temporarily suspended, without notice, due to technical issues such as maintenance, migration or updates to The App or network failure.
23.2 TangoRide reserves the right to temporarily or permanently modify or suspend all or part of access to the App.
24. HOW TO END YOUR CONTRACT WITH TANGORIDE
24.2 TangoRide reserves the right at its absolute discretion to end the contract with any Member in the event of any misuse or breach of The App or these terms.
25. IF THERE IS A PROBLEM WITH THE APP
If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 403.354.3833 or write to us at firstname.lastname@example.org. .
26. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
26.1 Members accept Journey Proposals at their own risk.
26.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the App sign up process.
26.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or liability for fraud or fraudulent misrepresentation
26.4 We are not liable for business losses or for loss of any income or profit. We only provide The App to you for domestic and private use and as set out in these terms.
26.5 We are not liable for any loss or damage arising from any accidents or incidents which occur before, during or after a Journey.
27.THIRD PARTY SERVICES
28. HOW WE MAY USE YOUR PERSONAL INFORMATION
29. OTHER IMPORTANT TERMS
29.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your contract.
29.2 These terms are personal to you. No other person shall have any rights to enforce any of its terms. You may only transfer your rights or your obligations under these terms to another person if we expressly agree to this in writing.
29.3 Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
29.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
29.5 Even if we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
29.6 These terms are governed by the laws of the province of Alberta and Canada without regard to its conflict of law provisions. You and TangoRide agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Alberta.