TERMS OF SERVICE

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR GOOD DRIVER APP AND OUR DRIVING PROGRAMS. YOU CAN ALSO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

By using our website at www.gooddriverapp.com (the “Website”) and/or Good Driver App (the “App”) (collectively, our “Driving Programs”), you agree to the terms and conditions set forth in this Agreement (the “Agreement”). This Agreement, together with our Privacy Policy http://www.gooddriverapp.com/privacy and Terms of Use http://www.gooddriverapp.com/terms govern your use of the Website, App, and Driving Programs.

DRIVING PRECAUTIONS

You should be aware that neither Good Driver (“Good Driver”) nor the Good Driver App nor NAL Administrative Services intends to create an app to be used while driving or to be looked at while driving. Although users are able to see their statistics while driving, you should never use the app while driving because it may cause you to be distracted. We are not responsible for any accidents, tickets or any other issues that may result from using this app.  You agree to hold Good Driver and NAL Administrative Service harmless and agree not to take any action against these two parties.

CHANGES

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. If we make material changes to this Agreement, we will make reasonable efforts to notify you by posting an announcement on our Website and/or by sending you an email. Material changes to this Agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made. Your continued use of the Good Driver App and/or Driving Programs following the posting of any changes to this Agreement constitutes your acceptance of those changes, whether or not you have reviewed them. If at any point you do not agree with the terms and conditions of this Agreement, you may not use our Good Driver App and/or our Driving Programs. Please contact Client Service in writing or by phone if you wish to cancel your use of the Good Driver App and/or participation in our Driving Programs at info@gooddriverapp.com or 1-800-265-1657

DEFINITION OF CLIENT STATUS

Free Clients and App Users
Free Clients and App Users are hereinafter defined as those who have downloaded the app and pay no fees for the App or our services.

Sponsored Clients
Sponsored Clients are hereinafter defined as those who have been enrolled to receive Driving services by Good Driver on behalf of a sponsor, employer or other organization, and whereby the billing relationship, if any, is between the sponsored client and their sponsoring organization.

Retail Clients
Retail Clients are hereinafter defined as those clients with a direct relationship with Good Driver whereby the client has contracted with a Good Driver representative and pays fees directly to Good Driver App for services rendered by Good Driver.

  1. Scope of Agreement
    Unless we indicate otherwise, this Agreement applies to your use of the Good Driver App which is owned or operated by NAL Administrative Services. (“NAL”) including, without limitation, the Good Driver App and any other website that we may own or operate currently or in the future (collectively, our “Websites”), and all of the Driver Programs that are offered to you by Good Driver currently or in the future.

Unless we indicate otherwise, this Agreement, together with Good Driver’s Privacy Policy http://www.gooddriverapp.com/privacy and Terms of Use http://www.gooddriverapp.com/terms governs your use of the Good Driver’s App, Website (and any website that we may own or operate in the future), and your participation in our Driving Programs.

The Good Driver App and this Agreement are specifically directed to residents of Canada and the United States for use only by residents of Canada and the United States. For purposes of this Agreement, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Good Driver, including, without limitation, any respective subsidiaries and affiliates.

  1. Your Use of the Good Driver App and Our Driving Programs
    Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Good Driver App and the material provided herein, and the Driving Programs that you use, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a client or user of the Good Driver App and/or our Driving Programs. You understand that only you may use your private user account and password, and that your access to our Driving Programs is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Driving Programs used by you.In becoming a user of the Good Driver App or user of our Driving Programs, you represent and warrant that you are at least 18 years of age and either a Canadian or American citizen or resident with a valid Canadian or American mailing address. 

By agreeing to the terms and conditions of this Agreement online, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement in person. If you do not comply with the terms and conditions of this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Good Driver App (or any part thereof) and/or our Driving Programs. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Good Driver App or our Driving Programs, including, but not limited to, (i) restricting the time the Good Driver App and/or a Driving Program are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Good Driver App and/or any of our Driving Programs. If the changes are material and affect a service that is part of your paid subscription as a Retail Client, you will receive an email describing the changes and you shall have a thirty (30) day period to cancel your subscription without penalty. The email will contain the instructions for cancellation of your subscription. Except for the foregoing circumstances, you agree that any termination or cancellation of your access to or use of, the Good Driver App and/or our Driving Programs may be effected without prior notice. If you do not comply with the terms and conditions of this Agreement and our Terms of Use, you agree that we may immediately deactivate or delete your user account and all related information and/or bar any further access to such information and/or files, our Good Driver App (or part thereof) and/or our Driving Programs. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Good Driver App and/or our Driving Programs, except for a refund of any fees or charges prepaid by you or your sponsor with respect to our Driving Programs without penalty in accordance with Section 4 of this Agreement. You acknowledge and agree that your only recourse if you are dissatisfied or disagree with any modification, restriction or discontinuation of or to this Good Driver App and/or our Driving Programs, or any policies or practices by us in providing this Good Driver App or our Driving Programs, including without limitation any change in the amount or type of fees or charges associated with the Driving Programs, or any change to this Agreement, is to cancel or terminate your user account and your subscription, as applicable.

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed in the Good Driver App to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement. If the Additional Terms constitute a material change to your paid services, the notification and cancellation options described above will apply.

In order to use our Good Driver App and/or participate in our Driving Programs you will need to open a user account, which will require that you give us or your sponsor a valid email address as your user name and choose a password. We reserve the right to reject or terminate any names or passwords that we deem offensive or inappropriate.

For any issues or matters requiring customer service, you can email us at info@gooddriverapp.com or call us at 1-800-265-1657. We are available Monday to Friday, 9am – 6pm East Coast time.

  1. Charges and Fees for Driving Programs

Sponsored Clients
Charges and fees are subject to the rates offered by your sponsoring organization, if any. Where charges and fees are applicable, you hereby consent to being billed by your sponsoring organization for any advertised fees that make up a part of the sponsoring organization’s service offering. Unless otherwise agreed, your fees, if any, will be billed using the same payment method and settlement cycle already on file with your sponsoring organization.

Retail Clients
If you pay for access to the Good Driver App using the Payment Plan described below, we may, as part of making the Payment Plan available to you, obtain a credit report about you from a credit reporting agency. Consumer reports may contain information on your credit worthiness, credit standing, or credit capacity. By enrolling in a Payment Plan, you consent to our obtaining a credit report about you from a credit reporting agency.
All portions, components, content and features of this Good Driver App are only available to individuals who purchase our Driving Programs. As a user of one of our Driving Programs, you agree as follows:

  1. You agree to pay, using a valid credit card (or other form of payment which we may accept), the initial and subsequent charges and fees set forth on this Website for the services you purchase (including fees for Multi-term Instalment or Payment Plans, where a discounted rate is provided for making a long term commitment, hereinafter referred to as “Payment Plan or Payment Plans”) plus any applicable taxes and/or registration fees, and other charges and fees which may be incurred, in order to access our Driving Programs. The charges and fees for our services (your payment schedule) are outlined on www.gooddriverapp.com. The charges and fees on our Website are expressed in Canadian dollars for Canadians and U.S. Dollars for Americans, and we will charge you in the currency of your respective country. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting in this Good Driver App and/or such other means as we may reasonably deem appropriate from time to time (including electronic mail or conventional mail). You will be notified of any material change in fees by email. Because your subscription renews automatically, we will automatically charge your credit card at the start of the standard or Payment Plan billing period and at the start of each renewal period, unless you terminate or cancel before the relevant renewal period begins. Except in the case of a Payment Plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless you notify you at the original time of sign-up or prior to the beginning of the renewal period by email. Each time you use our Driving Programs you reaffirm your agreement that we may charge your credit card in accordance with the terms of the subscription you purchased. In the event we cannot charge your credit card, we reserve the right to terminate your access to our Driving Programs.
  2. You are responsible for obtaining and maintaining all Internet connections, computer hardware and other equipment needed for access to and use of the Good Driver App and Driving Programs. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Good Driver App and our Driving Programs, including without limitation all telephone access lines (including long-distance charges, if applicable), Internet service provider fees, Skype, telephone and computer equipment, sales taxes where/if applicable and any other fees and charges necessary to access our Good Driver App and our Driving Programs. You should check with your phone company or other communication provider to determine what charges will apply.
  3. For purposes of your use of our Driving Programs including identification and billing, you agree to provide us with true, accurate and complete information as required by the sign-up process to our Driving Programs including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your data with third parties solely to verify the information you provide and to bill your credit card, in accordance with our Privacy Policy. You agree to maintain and promptly update your personal or billing information, or any other information you provide to us, and to ensure its accuracy. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Good Driver App (or any portion thereof) or any of our Driving Programs.
  4. You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password or credit card information.
  5. Except for Payment Plans, if you terminate your subscription to one of our Driving Programs prior to the end of the applicable period, you agree that all fees and charges assessed by us are non-refundable. Non-refundable fees include the Registration Fee, where applicable, and the full monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto the Good Driver App or used the Driving Program during that month).
  6. Renewal and Cancellation of Your Subscription

Sponsored Clients
The terms and conditions of your enrollment are subject to the agreement between you and your sponsoring organization. For details, please consult the marketing flyer that was provided to you upon your enrollment or contact the system administrator of your program.

Retail Clients
At the end of a term, your subscription will automatically renew for a successive term (“Renewal Term”), of the same length as your initial term, and we will automatically bill you for such Renewal Term, unless: (i) you terminate or cancel your subscription to our Driving Programs at least thirty (30) days prior to the end of a term; (ii) Good Driver terminates or cancels your subscription in accordance with this Agreement and/or the Good Driver Terms of Use; (iii) you and Good Driver have mutually agreed, in writing, to other terms and conditions as regards Renewal Terms. Renewal Terms will be billed using the same payment option you selected and authorized at the time of your initial subscription purchase, unless you otherwise request to change your payment method by contacting us at info@gooddriverapp.com or 1-800-265-1657 at least five (5) days prior to the end of the term. See details on cancellation below.

Either you or Good Driver may terminate or cancel your subscription to our Driving Programs at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute you may have with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Good Driver, including our Terms of Use and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the Website or any change in content provided through the Website or in connection with a Driving; (iv) your ability to access and/or use our Good Driver App or any Driving Service; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any changes to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Driving Programs, we may immediately deactivate your user account and all related information and/or files in your user account and/or restrict any further access to such information and/or files, to our Good Driver App (or part thereof) and/or our Driving Programs, except as we may otherwise provide from time to time and in accordance with our Privacy Policy. If Good Driver cancels your subscription, Good Driver will refund to you within ten (10) business days any unused portion of your subscription, either by the payment method you used to subscribe for the Driving Programs or by cheque, at Good Driver’s sole discretion.

You can cancel your subscription by contacting Client Service at info@gooddriverapp.com, by calling us at 1-800-265-1657 or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and we inadvertently charge you for the next period’s fee, contact Customer Service at info@gooddriver.com to have the charges reversed. If you use our Driving Program during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. Certain charges may apply. An early cancellation fee of $50 may apply if you have agreed to a payment plan. All cancellation related charges are posted in your Payment Plan.

  1. Availability of Driving Programs
    The availability and use of our Driving Programs may be limited based on criteria as we may establish from time to time. You understand and agree we may disallow you from signing onto our Driving Programs or may terminate your use of our Driving Programs at any time based on these criteria. Examples of such criteria include local laws, breach or risk of security issues, Driving issues, factors limiting our ability to provide an adequate level of service, and ability to accept payment and settle accounts.
  2. Privacy and Security
    We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is available on our website at http://www.gooddriverapp.com/privacy
  3. Automatically Become a Registered User
    Once you sign up on the Good Driver App and become a client of Good Driver, or once you are enrolled via a sponsor or employer; you automatically become an authorized user of this Good Driver App, which provides you with access to our Driving Programs where you can communicate with our Driving Professionals in accordance with your plan. Subject to Section 4 and our rights to terminate your access to our Good Driver App, if you cancel your subscription to our Driving Programs, we will revoke your access to our Good Driver App unless you specifically request otherwise and agree to pay the prevailing monthly access fee, if applicable, which will be disclosed in advance.
  4. Restrictions on Use of Materials
    You acknowledge that this Good Driver App contains information, software, photos, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, industrial designs, trade-marks, trade secrets and/or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the “look and feel”, selection, co-ordination, arrangement, and enhancement of our Good Driver App. All trade-marks appearing in this Good Driver App are trade-marks of their respective owners. “Good Driver” is the trade name and the trade-mark of our Company. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You also acknowledge and agree that you will not: copy, reverse engineer, reverse assemble, or otherwise attempt to discover the source code of any software, products or services obtained from the Website; access the Website by means other than through the standard industry-accepted methods; violate any applicable local, state, provincial, national, or international law, rule or regulation or use the Website for any purpose that is prohibited by this Agreement and/or the Terms of Use. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. You have a limited license to use such Content solely for your personal purposes. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content for any commercial purpose, in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. You acknowledge and agree that Good Driver cannot and does not guarantee or warrant that files available for downloading from this website will be free of infection by viruses, bugs, Trojan horses or other code that manifest contaminating or destructive properties.
  5. Children
    Some of the Content in this Good Driver App may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS GOOD DRIVER APP. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR DRIVING PROGRAMS. Accordingly, if you are a minor, please do not attempt to register for our Driving Programs or send any information about yourself to us, including your name, address, telephone number or email address.
  6. Links
    This Agreement applies only to this Good Driver App, and not to the websites of any other person or entity. On our Website, we may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website or products or services available through that website to that website’s administrator or webmaster. You further acknowledge and agree that your use of third party websites and resources will be governed by such websites’ privacy policies and terms of use, and will not be covered by the terms of this Agreement and any other Good Driver policy.
  7. Third-Party Products and Services
    You may order services, merchandise or other products through our Good Driver App from other parties (collectively, the “Third-Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-Party Sellers. We make no representations or warranties whatsoever with regard to any services, merchandise and other products provided by the Third-Party Sellers. Good Driver does not monitor or investigate the websites of Third-Party Sellers and Good Driver does not endorse, recommend or guarantee any third-party website, products or services. You acknowledge and agree that you will not consider us (and we will not be construed as) a party to any transaction between you and a Third-Party Seller, whether or not we may have received some form of revenue or other remuneration in connection with such transaction, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to transactions with Third-Party Sellers.
  8. DISCLAIMERS OF CONDITIONS AND WARRANTIES
    PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:
    THE INFORMATION, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS) ON THE GOOD DRIVER APP AND ON THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH “ALL FAULTS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER GOOD DRIVER, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES, INTERFERENCE, HACKING, OTHER SECURITY INTRUSIONS, DAMAGE, OR OTHER HARMFUL COMPONENTS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY INFORMATION OR SERVICES (EXCEPT FOR YOUR COMMUNICATIONS WITH REGISTERED DIETITIANS).

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS GOOD DRIVER APP IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS AND NUTRITION REPORTS).

NEITHER GOOD DRIVER, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS GOOD DRIVER APP SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

  1. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS GOOD DRIVER APP (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS) ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS GOOD DRIVER APP (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS); (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS); OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR GOOD DRIVER APP, OR WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS GOOD DRIVER APP. GOOD DRIVER IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR ITS CONTENT. THE DISCLAIMERS SET FORTH ABOVE AND THIS LIMITATION OF LIABILITY AND DAMAGES ARE FUNDAMENTAL TO THE BASIS OF THE ARRANGEMENT BETWEEN GOOD DRIVER AND YOU. THIS SITE, THE DRIVING SERVICE CENTER AND THE DRIVING PROGRAMS WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Good Driver provides a communications platform for enabling the connection between individuals seeking Driving Professional Services and/or individuals providing Driving Professional Services. Good Driver does not take part in the consultations between Driving Professionals and clients. Good Driver does not assume any responsibility for the accuracy or reliability of any information provided by Driving Professionals in the App or on the Website. Good Driver does not assume, and expressly disclaims, any liability that may result from the use of this information. Good Driver is not responsible for the conduct, whether online or offline, of any user of the Website or client of the Good Driver App and/or Driving Programs. All users including both Driving Professionals and clients do hereby expressly agree not to hold Good Driver or Good Driver’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees (collectively the “Good Driver Parties”) liable for any instruction, advice or services delivered which originated through the App and/or Website and/or Good Driver or the Good Driver Parties. Good Driver expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION
    YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND GOOD DRIVER AND THE GOOD DRIVER PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL FEES AND EXPENSES) ARISING FROM YOUR USE OF THIS GOOD DRIVER APP OR OUR PRODUCTS OR OFFERINGS (INCLUDING, WITHOUT LIMITATION, THE DRIVING PROGRAMS), YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT, OR THE INFRINGEMENT OR USE BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENCE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION 14. IN SUCH EVENT, YOU AGREE TO PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US. YOU FURTHER AGREE TO INDEMNIFY GOOD DRIVER AND THE GOOD DRIVER PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE GOOD DRIVER APP OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE DRIVING PROGRAMS.
  2. Governing Law, Arbitration and Choice of Forum
    This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding its conflicts of law rules.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London, Ontario, using the English language in accordance with the procedures set forth in the Arbitration Act, 1991 (Ontario), as amended, by one commercial arbitrator (the “Arbitrator”) with substantial experience in resolving intellectual property and commercial contract disputes. The Arbitrator shall be appointed by a Judge of the Ontario Superior Court of Justice sitting in the Judicial District of London Region, upon the application of any of the said parties and a Judge of the Ontario Superior Court of Justice sitting in the Judicial District of Toronto Region shall be entitled to act as such Arbitrator, if he so desires. The arbitration shall be held in the City of Toronto. The procedure to be followed shall be agreed by the parties or, in default of agreement, determined by the Arbitrator. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts of London, Ontario, or the Federal Courts of Canada, as applicable.

Use of the Good Driver App and/or the Website is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section. Good Driver makes no representations that the Good Driver App and/or the Website or the Content available through the Good Driver App and/or the Website is appropriate or permitted for use outside Canada or the United States. You may not use the Website from any jurisdiction where access and/or use of the Good Driver App is prohibited or violates any laws.

  1. No Class or Consolidated Actions
    The parties agree that neither will have the right to participate as a representative or member of any class of claimants pertaining to a claim subject to arbitration under this agreement. The parties further agree that neither will have the right to consolidate claims subject to arbitration under this agreement.
  2. Statute of Limitations
    You and Good Driver agree that regardless of any statute, rule or regulation to the contrary, any claim or cause of action against the other arising out of or relating to this Agreement or your use of the Good Driver App or Good Driver’s Driving Programs must be filed within one year after such claim or cause of action arose.
  3. Contact Information
    Our registered head office address is Good Driver, Inc., 361 Dufferin Ave, Unit #2, London, Canada, N6B 1Z5. We can also be reached as follows: Telephone: 1-800-265-1657; and email: info@gooddriverapp.com
  4. Miscellaneous Terms
    In any action against us arising from the use of this Good Driver App (including, without limitation, the Driving Programs), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms of Use, Financing Terms (if any), the Privacy Policy and any Additional Terms, and the Payment Plan and Instalment Agreement are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms of Use, or the Financing Agreement, this Agreement shall prevail.
We may assign our rights and obligations under this Agreement. This Agreement will ensure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

  1. Choice of Language
    The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.
  2. Copyright Complaints
    We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) if that user infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us at Good Driver – Attention: Legal Matters, 361 Dufferin Ave, Unit #2, London, Ontario, Canada, N6B 1Z5.

BY USING THE GOOD DRIVER APP, WEBSITE AND/OR DRIVING PROGRAMS, I UNDERSTAND THAT I AGREE TO THE ABOVE TERMS