Terms of service Bloomingdale Limousine"s

Terms of Service

These terms of use and service (the “Terms”) are a legally binding agreement (the “Agreement”)
between you and Bloomingdale Limousine, Inc. (“Bloomingdale Limousine,” “we,” “us” or “our”) governing your use of the
Bloomingdale Limousine application, website, and technology platform (collectively, the “Bloomingdale Limousine Platform”).

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

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND Bloomingdale Limousine MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Bloomingdale Limousine TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT IN LIMITED CIRCUMSTANCES. AS A TAXI DRIVER OR TAXI DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.

Sections 2, 5, 6 (with respect to the license) and sections 10-17 shall survive any termination or expiration of this Agreement.

By entering into to this Agreement, and/or by using or accessing the Bloomingdale Limousine platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Bloomingdale Limousine PLATFORM. These terms expressly supersede prior agreements or arrangements with you. Bloomingdale Limousine may, at any time and without any notice and for any reason, terminate these Terms or cease offering or deny access to
the Services or any portion thereof to you.

1. Bloomingdale Limousine Platform

The Bloomingdale Limousine Platform is a technology platform that provides an avenue where registered users seeking transportation or logistics services to a destination (“Customers”) can arrange and schedule transportation and be matched with licensed Taxi Drivers in licenced Taxi Cabs to drive to those destinations (“Drivers”). Drivers and Customers are collectively referred to herein as “Users,” and each User shall create a personal User account that enables access to the Bloomingdale Limousine Platform. Unless otherwise agreed by Bloomingdale Limousine in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

Each person is authorized to create only one User account and Bloomingdale Limousine reserves the right to shut down and permanently terminate any additional accounts. You are solely responsible for all activity under your account and you agree to maintain the security of your account at all times.
As a User, you authorize Bloomingdale Limousine to match you with a Driver or Customer based on factors such as your pick-up location, the estimated time to pick-up, your destination, user preferences, and

platform efficiency, and to cancel an existing match and then rematch based on the same considerations when you are using the services of the Bloomingdale Limousine Platform. For purposes of this Agreement, the driving services provided by Drivers to Customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Customer shall constitute a separate agreement between such persons, among themselves and between such persons and Bloomingdale Limousine.

2. Modification to the Agreement

Bloomingdale Limousine may modify and amend the terms and conditions of this Agreement at any time. Amendments and modifications will only be effective upon the posting of such updated Terms on the Platform and shall be binding on you only upon your acceptance of the modified Agreement. Continued access or use of the Bloomingdale Limousine Platform after posting a notification of such modifications and amendments on the Platform shall constitute your consent to be bound by the Terms, as amended or modified.

3. Eligibility

In order to gain access to use the Bloomingdale Limousine Platform, you must register and maintain a personal user account. Registration requires you to submit your full legal name, address, mobile phone number, email and age. It is your responsibility, and you expressly agree, to maintain accurate, complete, and up-to-date information for your registered user Account and you acknowledge that failure to do so may result in your account being removed from the Platform. Once a User account is removed, you will no longer have access to the account.

The Bloomingdale Limousine Platform may only be used by individuals who can form legally binding contracts under Ontario law. The Bloomingdale Limousine Platform is not available to persons under the age of 18 or Users who have had their User account deactivated, regardless of whether it is temporarily or permanently.

By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You are solely responsible for all activity that occurs under your Account. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your User account.

Unless otherwise permitted by Bloomingdale Limousine in writing, you may only possess one Account and may
not assign or transfer your Account to any other person or entity. In certain instances you may be asked to provide proof of identity 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 identity.

4. Charges

CUSTOMER.
As a Customer, you agree and understand that using the Bloomingdale Limousine Platform will result in charges to you for the goods or services you receive from a Taxi Driver (“Charges”). All Charges are due immediately and receipts will be sent to the registered email attached to the user account. All Charges quoted within the Bloomingdale Limousine application constitute Fare(s) and/or Fee(s) and Other Charges as described herein. The Bloomingdale Limousine Platform enables customers to elect their payment method and will facilitate payments of the applicable charges on behalf of the Taxi Driver if the customer elects to pay via the registered payment option. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Taxi Driver. If the customer elects to pay cash, the applicable charges will not be charged to the registered payment option, but instead, the Platform will enable the users to confirm that a cash payment was paid by the customer and received by the Taxi Driver and a receipt will be sent confirming the same.

It is your responsibility to review the applicable price quote within the Bloomingdale Limousine application and you shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. Charges paid by you are final and non-refundable, unless otherwise determined by Bloomingdale Limousine in writing.

Fares. There are two types of fares: (1) estimated variable fares (2) quoted fares.

Estimated Variable Fares. Estimated Variable Fares consist of a base charge and incremental charges based on the duration and distance of your ride. Please note that we use GPS data from your Taxi Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data.
Quoted Fares. In some cases Bloomingdale Limousine may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination or make multiple stops, we may cancel the Fare quote and charge you a variable fare based on the time and distance of your ride.

Fees, Other Charges and Facilitation Thereof.

Service Fee. You will be charged a “Service Fee” of $1.00 for each ride that is booked via this Application. This fee is included in the Fare.
Cancellation Fee. After requesting a ride you may cancel it through the application, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to be physically present at the pick-up location upon requesting a ride.
Cleaning Fee. A fee of up to $25.00 may be charged if the Taxi Driver reports that you made a mess in the vehicle that requires cleaning.
407 Tolls. If you request the Driver to take the 407 during your ride, you will be required to negotiate with the Driver as to how such toll will be paid. The Drivers reserve the right to refuse to take Highway 407 if terms of payment for the tolls are not agreed to. Bloomingdale Limousine does not facilitate toll highway fees. In the event that this is reported, it will be charged to the customer’s User account and paid to the Taxi Driver upon cleanliness inspection by Bloomingdale Limousine personnel.
Tips. Following a ride, you may elect to tip your Taxi Driver in cash or through the Bloomingdale Limousine Platform. Any tips will be provided to the applicable Taxi Driver.
Facilitation of Charges. All Charges paid by credit card are facilitated through a third-party payment processing service, Stripe. Bloomingdale Limousine may replace its third-party payment processing services without notice to you.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Bloomingdale Limousine Platform and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Bloomingdale Limousine Application.
Credit Card Authorization. Upon the addition of a new payment method or each ride request, Bloomingdale Limousine may seek the authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to an overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Taxes.

All Fares, Fees, and other Charges are inclusive of HST.

5. Bloomingdale Limousine Communications

By entering into this Agreement or accessing the Platform, you agree to receive communications from us, our affiliated companies and/or Taxi Drivers. Communications may be made via e-mail, calls, and push notifications.

6. User Content

Your User Content is any information you provide, publish or post to or through the Bloomingdale Limousine
Platform or send to other Users through any Bloomingdale Limousine-related medium and includes the personal information you submitted to set up and register a user account (your “User Content”). You consent to us using your User Content to create a User account that will allow you to use the Bloomingdale Limousine Platform and participate in the Services. Our collection and use of personal information

in connection with the Bloomingdale Limousine Platform and Services is as provided in Bloomingdale Limousine’s Privacy Policy located at www.Bloomingdalelimousine.com

All User Content provided by you remains your property. By providing your information to Bloomingdale Limousine, you grant Bloomingdale Limousine a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license with the right to sub-licensable to exercise the copyright, publicity, and database rights you have in your User Content, and to use, copy, perform, display, distribute and otherwise exploit in any manner such User Content to prepare derivative works, or incorporate into other works, such User Content, in any format now known or not currently known without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Bloomingdale Limousine does not assert any ownership over your User Content; rather, as between you and Bloomingdale Limousine, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bloomingdale Limousine the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bloomingdale Limousine’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 may be able to create or log-in to your Bloomingdale Limousine User account through online accounts you
may have with third party social networking sites (each such account, herein referred to as an “SNS Account”). You understand that by connecting to Bloomingdale Limousine through an SNS Account, Bloomingdale Limousine may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (the “SNS Content”). You understand that SNS Content may be available on and through the Bloomingdale Limousine Platform to other Users and that all SNS Content is considered to be your User Content.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bloomingdale Limousine in its sole discretion, whether or not such material may be protected by law. At any time and for any reason, and without any notice to you, Bloomingdale Limousine may review, monitor, or remove User Content, at Bloomingdale Limousine’s sole discretion.

7. Promotions

In Bloomingdale Limousine’s sole discretion, Bloomingdale Limousine may create promotional codes that can be redeemed for Account credit, subject to any additional terms that Bloomingdale Limousine establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

may only be used for the intended audience and purpose, and in a lawful manner
shall not be duplicated, sold, assigned or transferred in any manner, nor shall it be made available to the general public unless expressly permitted by Bloomingdale Limousine
may be disabled by Bloomingdale Limousine at any time for any reason without liability to Bloomingdale Limousine
shall only be used pursuant to the specific terms that Bloomingdale Limousine establishes for such
Promo Code
are not valid for cash and
may expire prior to your use.

In the event that Bloomingdale Limousine determines or believes, in its sole discretion, that your use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms, Bloomingdale Limousine reserves the right to deduct or withhold credits or other features or benefits obtained through the use of Promo Codes by you or any other User.

8. Restricted Activities

With respect to your use of the Bloomingdale Limousine Platform and your participation in the Services, you agree that you will not:

cause harm on other persons or property
impersonate any person or entity
stalk, threaten, or otherwise harass any person, or carry any weapons
violate any law, statute, rule, permit, ordinance or regulation
interfere with or disrupt the Bloomingdale Limousine Platform or the servers or networks connected to the Bloomingdale Limousine Platform
post Information or interact on the Bloomingdale Limousine Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal
be under the influence of alcohol or illicit drugs
use the Bloomingdale Limousine Platform in any way that infringes any third party’s rights, including:
intellectual property rights, copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy
post, email or otherwise transmit any malicious code, files or programs designed to
interrupt, damage, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment or surreptitiously intercept or expropriate any system,
data or personal information
forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Bloomingdale Limousine Platform
“frame” or “mirror” any part of the Bloomingdale Limousine Platform, without our prior written
authorization or use meta tags or code or other devices containing any reference to us in
order to direct any person to any other web site for any purpose
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Bloomingdale Limousine Platform or any software used on or for the Bloomingdale Limousine Platform
rent, lease, lend, sell, redistribute, license or sublicense the Bloomingdale Limousine Platform or access to
any portion of
the Bloomingdale Limousine Platform
use any robot, spider, site search/retrieval application, or other manual or automatic device
or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent
the navigational structure or presentation of the Bloomingdale Limousine Platform or its contents
link directly or indirectly to any other web sites
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender,
gender identity, physical or mental disability, medical condition, marital status, age or
sexual orientation, or
cause any third party to engage in the restricted activities above.

9. Taxi Driver Representations, Warranties and Agreements

By providing Services as a Taxi Driver on the Bloomingdale Limousine Platform, you represent, warrant, and agree that:

You possess a valid “vehicle for hire” license with ML&S, a valid and current Ontario Drivers license, are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to operate a Taxi in Toronto.
You own, or have the legal right to operate, the taxi cab you use when providing Services, and such taxi cab is in good operating condition and meets the industry safety standards and all applicable statutory and provincial motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless or careless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Taxi Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of any person.
You will only provide Services using the licensed taxi cab that has been reported to and approved by Bloomingdale Limousine and you will not transport more Customers than can securely be seated in such vehicle (the amount of Customers in the vehicle may not exceed the number of passenger seats available in any instance).
You will not defraud or attempt to defraud Bloomingdale Limousine or Customers on the Bloomingdale Limousine Platform or in connection with your provision of Services. If we suspect that you have engaged in, or attempted to engage in, fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question at our sole discretion and you will be notified immediately.
You will promptly inform Bloomingdale Limousine of any pending criminal charges and/or convictions along with any license suspensions.
You will make reasonable accommodation for Customers and/or for service animals, as required by law.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance of at least $2,000,000 as required by the Toronto Municipal Code: Chapter 546, Licensing of Vehicles-for-Hire that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, provincial and any other applicable taxes based on your provision of Services and any payments received by you.

10. Disclaimers

The following disclaimers are made on behalf of Bloomingdale Limousine, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

The Bloomingdale Limousine Platform is provided on an “as is” basis. It is provided without any warranty or condition, express, implied or statutory. We do not guarantee nor promise any specific results from use of the Bloomingdale Limousine Platform and/or the Services, including but not limited to the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, merchantable quality, satisfactory quality, fitness for a particular purpose and non-infringement.

We do not warrant that your use of the Bloomingdale Limousine Platform or Services will be accurate, complete,
reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements. We do not warrant that any defects in the Bloomingdale Limousine Platform will be corrected, or that the Bloomingdale Limousine Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Bloomingdale Limousine Platform or Services.

We cannot guarantee that each Customer is who he or she claims to be. We urge that Customers and Taxi Drivers take precaution and use common sense when using the Bloomingdale Limousine Platform and Services, including, but not limited to, looking at the photos of the Taxi Driver or Customer you have matched with, asking for their name, identifying the taxi cab number located on the driver-side door and back bumper, and confirming the destination to ensure that the User you matched with on the Platform is the same individual you see in person before proceeding with the ride.

There are risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Bloomingdale Limousine Platform by persons under the age of 18 in violation of this Agreement. We urge you to communicate directly with each potential Taxi Driver or Passenger prior to engaging in an arranged transportation service.

Bloomingdale Limousine is not responsible for any conduct of any individual User of the Bloomingdale Limousine Platform or
Services. You, as a User, have sole responsibility for your interactions with other Users and any third person. By using the Bloomingdale Limousine Platform or participating in the Services, you agree to accept such risks and agree that Bloomingdale Limousine is not responsible for the acts or omissions of other Users on the Bloomingdale Limousine Platform or participating in the Services. We do not procure insurance for Taxi Cabs or Customers and we are not responsible for personal belongings left in the car by Taxi Drivers or Customers.

You are solely responsible for the use of your User account and Bloomingdale Limousine expressly disclaims any liability arising from the unauthorized use of your User account. You agree to notify us immediately in the event you suspect any unauthorized use of you User account or any other breach of security.

We are not responsible for the use of any personal information that you provide, publish, post or disclose to other Users on or through the Bloomingdale Limousine Platform or through the Services. Please exercise caution when selecting the type of information that you make available on the Bloomingdale Limousine Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of any other Users, including unauthorized users or “hackers”.

Statements, opinions, advice, offers, or other information or content concerning Bloomingdale Limousine or made available through the Bloomingdale Limousine Platform, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content. While under no obligation, we reserve the right to monitor the materials posted on the Bloomingdale Limousine Platform and remove any such material that, in our sole opinion, violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of
Users or other persons. In no event shall we be held responsible for any loss, damage or injury resulting from your reliance on information or other content posted by third parties, whether on the Bloomingdale Limousine Platform or otherwise.

Location data provided by the Bloomingdale Limousine Platform is for basic location purposes only. It is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Bloomingdale Limousine, nor any of its content providers and affiliates, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Bloomingdale Limousine Platform. Any of your Information, including geo-locational data, you upload, provide, or post on the Bloomingdale Limousine Platform may be accessible to Bloomingdale Limousine and certain Users of the Bloomingdale Limousine Platform.

Bloomingdale Limousine shall not responsible or liable for any fees, costs, or overage charges associated with any internet data plan you use to access the Bloomingdale Limousine Platform.

11. Indemnity

You will defend, indemnify, and hold Bloomingdale Limousine including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Bloomingdale Limousine Platform and participation in the Services, including:

your breach of this Agreement or the documents it incorporates by reference
your violation of any law or the rights of a third party, including, Taxi Drivers, Customers,
other motorists, and pedestrians, as a result of your own interaction with such third party
any allegation that any materials that you submit to us or transmit through the Bloomingdale Limousine
Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party
your ownership, use or operation of a motor vehicle or passenger vehicle, including your
provision of Services as a Taxi Driver and/or
any other activities in connection with the Services. This indemnity shall be applicable
without regard to the negligence of any party, including any indemnified person.

12. Limitation of Liability

You expressly understand and agree that under no circumstances, instances, or events, will Bloomingdale Limousine, including but not limited to our employees, representatives, contractors, managers, mambers, affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Bloomingdale Limousine” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data,
loss of programs, failure to store any information or other content maintained or transmitted by the Bloomingdale Limousine Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Bloomingdale Limousine platform, the services, or this agreement, irrespective of how it may arise, including, but not limited to negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.

Bloomingdale Limousine may be used by you to request and schedule transportation, goods, or other services with third party providers, but you expressly understand and agree that Bloomingdale Limousine has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement.

13. Term and Termination

This Agreement is effective and binding upon the time at which you create a User account. This Agreement may be terminated:

By the User, without cause, upon seven (7) days’ prior written notice to Bloomingdale Limousine or
By either Party immediately, without notice, upon the other Party’s material breach of
this Agreement.

In addition, Bloomingdale Limousine may terminate this Agreement or deactivate your User account immediately
in the event:

you fall below Bloomingdale Limousine’s star rating or cancellation threshold
Bloomingdale Limousine has the good faith belief that such action is necessary to protect the safety of
the Bloomingdale Limousine community or third parties, provided that in the event of a deactivation
pursuant to (i)-(iii) above, you will be given notice of the potential or actual deactivation
and an opportunity to attempt to cure the issue to Bloomingdale Limousine’s reasonable satisfaction prior
to Bloomingdale Limousine permanently deleting your account and effectively terminating the Agreement.

For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Bloomingdale Limousine’s satisfaction, this Agreement will not be permanently terminated and your user account will remain activated.

Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

14. Dispute Resolution and Arbitration Agreement

In the event of any dispute, claim, question or difference arising between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to use their best efforts to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such
injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.

Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17, (Ontario). The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.

15. Confidentiality

You agree not to use information relating to Bloomingdale Limousine’s business, operations and properties. You further agree not to use information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, contact information and photo (“Confidential Information”) disclosed to you by Bloomingdale Limousine for your own use or for any purpose other than as contemplated herein. You are prohibited from disclosing or permitting disclosure of any Confidential Information to third parties. You agree to take any and all reasonable actions to
protect the secrecy of, and avoid disclosure or use of, Confidential Information of Bloomingdale Limousine in order to prevent it from falling into the public domain.

Notwithstanding the above, you shall not have liability to Bloomingdale Limousine with regard to any Confidential Information which you can prove:

was in the public domain at the time it was disclosed by Bloomingdale Limousine or has entered the public domain through no fault of yours directly or even indirectly
was known to you, without restriction, at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure
is disclosed with the prior written approval of Bloomingdale Limousine
becomes known to you, without restriction, from a source other than Bloomingdale Limousine without breach
of this Agreement by you and otherwise not in violation of Bloomingdale Limousine’s rights
or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Bloomingdale Limousine to enable Bloomingdale Limousine to seek a protective order or otherwise prevent or restrict such disclosure.

16. Relationship with Bloomingdale Limousine

As a Customer on the Bloomingdale Limousine Platform, you acknowledge and agree that your relationship with Bloomingdale Limousine is characterized as a direct business relationship. You have no authority to bind Bloomingdale Limousine, and you undertake not to hold yourself out as an employee, agent or authorized representative of Bloomingdale Limousine under any circumstance without the prior written approval from Bloomingdale Limousine.

Bloomingdale Limousine does not, nor shall be deemed to, control or direct you generally or in your performance under this Agreement specifically. This includes your conduct taken in connection with your provision of Services, your acts or omissions. You retain the exclusive right to determine how you will use the Bloomingdale Limousine Platform. The Taxi Driver exclusively retains the option to accept or to decline or ignore a Passenger’s request for Services via the Bloomingdale Limousine Platform, or to cancel an accepted request for Services via the Bloomingdale Limousine Platform, subject to Bloomingdale Limousine’s then-current cancellation policies.

17. General

This Agreement shall be governed by the laws of the Province of Ontario without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non- binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bloomingdale Limousine, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to
Bloomingdale Limousine shall be given by certified mail, postage prepaid and return receipt requested to
Bloomingdale Limousine, Inc., 377 Bering Avenue, Toronto M8Z 3B1. Any notices to you shall be provided to
you through the Bloomingdale Limousine Platform or given to you via the email address or physical address you
provide to Bloomingdale Limousine during the registration process.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

This Agreement sets forth the entire understanding and agreement between you and Bloomingdale Limousine with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the Bloomingdale Limousine Platform or Services, please contact our
Customer Support Team through our website www.Bloomingdalelimousine.com/contact-us/