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Please read the terms of this release form before using GoManitoba.ca.


IMPORTANT! Your use of this website is subject to your agreement on the terms below.


DESCRIPTION OF SERVICE
ASSUMPTION OF RISK, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY!


Description of GoManitoba.ca

The purpose of GoManitoba.ca is to ease travel by helping to facilitate carpools, promote public transit use where available, and match bike and walk mentors. Users of GoManitoba may at times be a passenger or a driver for other passengers. Users (you or your) include anyone accessing, browsing, using or registering for an account on this Site or the application. The User’s use of the Site is subject to the following Terms of Use and all applicable laws. By accessing, browsing or registering for an account on this Site, each User accepts, without limitation or qualification, these Terms of Use. Participating Organizations include companies, businesses, organizations, and municipalities that work with GoManitoba to offer ridematching services to individuals, including employees, students or others.

This online system is being offered by Green Action Centre as a courtesy.

Voluntary Nature of System & Assumption of Risk

Users of GoManitoba.ca are advised that the use of this system is voluntary and entirely at the discretion of participants.

No background checks of drivers or participants, driver record checks or insurance checks or vetting of any kind are undertaken by either Green Action Centre, RideShark Corporation (makers of this Software) or Participating Organizations. In addition, neither Green Action Centre, RideShark Corporation nor Participating Organizations make any assurances or certifications regarding the condition, suitability or safety of the vehicles being used by participants in the carpooling system, or whether participants and drivers are insured. Green Action Centre recommends that participants exercise caution when selecting a potential carpool partner. We provide this service solely as a venue for communication between commuters that meet certain criteria. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

By participating in the system, you are agreeing that you are entirely responsible for your own safety while using the system.

Green Action Centre, RideShark Corporation and Participating Organizations assume no responsibility for the accuracy, currency or reliability of the content of sites external to GoManitoba.ca. Links to external sites do not imply official approval of the content of the sites or the organizations hosting them by either Green Action Centre or RideShark Corporation.

Participants’ Responsibility for Insurance

It is the responsibility of individuals participating in a ridematching system to notify their insurance provider of their intent to carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed accordingly and has adequate insurance to protect both driver and passengers.

Green Action Centre and Participating Organizations are in no way responsible for verifying or certifying the insurance status of drivers and participants using the system.

All drivers must hold a valid driver’s license and comply with all conditions and requirements of the graduated licensing system as set out by Manitoba Public Insurance.

Waiver of Claims & Indemnification

Green Action Centre, RideShark Corporation and Participating Organizations take no responsibility for any personal injuries, deaths, property damages, financial losses or other damages or losses that may result from the use of this Site or the application.

By participating in the GoManitoba.ca system, you hereby agree to waive any and all claims that you have or may have in the future against Green Action Centre, RideShark Corporation and Participating Organizations, and to release them from any and all liability for loss, damage, expense or injury including death that you, your next of kin or a third party may suffer as a result of your participation in or involvement in the GoManitoba.ca.

You hereby also agree to indemnify and hold harmless Green Action Centre, RideShark Corporation and Participating Organizations from any and all liability for personal injury, death, property damages and any other loss, and resulting claims or actions, arising from your participation in or involvement in GoManitoba.ca.

Protection of Privacy Statement

Green Action Centre, RideShark Corporation and Participating Organizations will not sell, lease, or disclose personal information to private businesses, organizations, or individuals, unless required to do so by applicable law. Personal information is being collected from the system by Green Action Centre and Participating Organizations for the purposes of matching participants with compatible ridesharing partners only.

Insurance Coverage

It is the responsibility of individuals participating in a ridematching system to notify their insurance provider of their intent to carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed accordingly and has adequate insurance to protect both driver and passengers.

Privacy

Certain information about your use of the Website or application and personal information that you supply to Green Action Centre and Participating Organizations is subject to our Privacy Policy. We may use this information to contact you in relation to a rideshare you are or have been involved in or to assist your employer, the police or other government authorities where we believe it is reasonably necessary to protect your safety or the safety of other people you have been ridesharing with where these rideshares have been organized directly or indirectly through the Website. For more information, please review our full Privacy Statement.

Reliance Upon Information and Password

To be a registered user of the Website ('Registered User') you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form ('Registration Data'). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate. When you register, you will be provided with a user ID and password. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that Green Action Centre can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify GoManitoba.ca immediately if you become aware of any unauthorized use of your password or if you believe your password is no longer secret and we will cease relying on that password. You release Green Action Centre, its officials, officers, employees and agents from any claim and won't make any claim against Green Action Centre in respect of or arising from any reliance by Green Action Centre upon any use of your password, including Green Action Centre disclosing personal information relating to your Registration Data. You agree to indemnify and hold Green Action Centre, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses Green Action Centre or any third party due to or arising out of reliance by Green Action Centre or any third party upon any acts carried out, requests made or information provided through the use of your password.

Registered User Conduct

You agree that:

  • you will not use your access to the GoManitoba.ca Website and application, or any rideshare organized directly or indirectly through the Website and application, for any purpose that is unlawful or prohibited by the Terms of Use;
  • you will use your access to the Website and application solely to arrange rideshares for your own purpose and will not use the Website for any other purpose including arranging rideshares on behalf of any other person;
  • you will not use the Website or application to directly or indirectly:
    • defame, abuse, harass, stalk or threaten others;
    • collect information about others, including email addresses, without their consent;
    • create a false identity;
    • transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
    • transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
    • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
    • attempt to gain unauthorized access to the Website or application, other accounts, computer systems or networks connected to the Website or application, through password mining or any other means; and
    • interfere with another member's use and enjoyment of the Website or application.
  • you will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your or through the use of your password.

Provision of Services

We may modify, suspend or discontinue any or all of the contents of the Website and application from time to time in our absolute discretion.

Termination

We may terminate your access to the Website and application at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a Registered User of the Website and application your only recourse is to discontinue your use of the Website and application, and notify us that you have terminated your membership. Upon termination, your right to use the Website and application immediately ceases.

Communications from GoManitoba.ca

You agree that GoManitoba.ca may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

Disclaimer of Warranties and Limitation of Liability

You understand and agree that you use GoManitoba.ca and related services at your own risk. This service provided by Green Action Centre is provided on an "as is" basis and “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law. Green Action Centre does not warrant that your use of the service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. Green Action Centre disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.

You hereby acknowledge and agree that under no circumstances will Green Action Centre or Participating Organizations, their officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Green Action Centre or Participating Organizations as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Green Action Centre or Participating Organizations service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the GoManitoba.ca website and application, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Green Action Centre or Participating Organizations have been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GREEN ACTION CENTRE or PARTICIPATING ORGANIZATIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Indemnification

You agree to indemnify and hold harmless Green Action Centre or the Participating Organizations, their officials, officers, employees and agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) your use of or inability to use the GoManitoba.ca Website, Green Action Centre or Participating Organizations service, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. You further agree to indemnify and hold harmless Green Action Centre or Participating Organizations, their officers, directors and employees, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from your participation in or involvement in the GoManitoba.ca program.

Copyright and Limited Reproduction Notices

The contents of the Website and application are the copyright of Green Action Centre and its licensees. No part of the Website or application may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Website or application may be resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for your own use.

Amendment

GoManitoba.ca reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these terms and conditions on the Website. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. These terms and conditions were last updated on May 30, 2017.

Linking

The contents of the Website may include links to third party materials ('linked sites'). Green Action Centre and Participating Organizations are not and will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Website and application, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.

Advertisers

Any dealings with any advertiser appearing on the Website and application are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Law

These Terms of Use are governed by and will be construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada.

Severability

If any portion of these Terms of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Contact

If you have any questions or concerns in relation to the Website and application or these Terms of Use, wish to report unauthorized use of your password or wish to terminate your registration, please contact us at Admin@GoManitoba.ca.