Terms of Service

Effective Date: November 11, 2024

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Y Drive App Inc. (referred to herein as “Y Drive,” “we,” “us,” or “our”), its representatives, affiliates, officers, and directors, governing your use of the Y Drive application, website, and technology platform (collectively, the “Y Drive Platform”).

PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND Y DRIVE CAN BE RESOLVED (SEE SECTION 16 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

BY ACCESSING OR USING THE Y DRIVE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE ARBITRATION AND LIABILITY LIMITATION PROVISIONS. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE Y DRIVE PLATFORM OR SERVICES.

​

1. The Y Drive Platform

The Y Drive Platform connects users seeking transportation services (“Riders”) with drivers offering rides to destinations (“Drivers”). Drivers and Riders are collectively referred to as “Users.” Y Drive facilitates these connections as a technology platform in exchange for a commission.

Y Drive does not provide transportation services and is not a transportation carrier. Drivers are self-employed independent contractors who provide transportation services directly to Riders.

Y Drive matches Riders with Drivers based on factors such as location, estimated pickup time, user preferences, and platform efficiency. Any decision to offer or accept rides is solely at the discretion of Users. Each ride constitutes a separate agreement between the Driver and the Rider.

​

2. Modification of the Agreement

Y Drive may update or modify this Agreement at any time. Modifications will become effective upon your acceptance or continued use of the Platform after updates are posted. Continued use of the Platform constitutes your consent to the updated terms.

​

3. Eligibility

The Y Drive Platform is available only to individuals who are at least 18 years old and legally able to enter into contracts. Users must meet all municipal and provincial licensing requirements to use the Platform. You may not share your account or allow others to access it.

​

4. Charges

Riders
Charges include fares, fees, taxes, tolls, and tips as specified on the Y Drive Platform. Fares may be variable (based on distance and time) or quoted. Quoted fares may change if the ride is modified.

All charges are facilitated through a third-party payment processor (e.g., Stripe Inc.), and cash payments are prohibited except for tips. Charges are non-refundable.

Drivers
Drivers are paid per ride as outlined in the Driver Addendum. Drivers are responsible for taxes and other obligations arising from their earnings.

​

5. Insurance Coverage

Y Drive provides Transportation Network Company (TNC) insurance through Northbridge Insurance to ensure adequate coverage during rideshare operations:

• Phase 1 (App On, No Passenger): Drivers must have personal auto insurance. Y Drive’s policy does not apply in this phase.

• Phase 2 (On Route to Pickup): Y Drive’s TNC insurance covers drivers for third-party liability and other applicable risks.

• Phase 3 (Passenger On Board): Full TNC coverage applies while transporting passengers.

Claims must be reported to Northbridge Insurance through Y Drive Management. Drivers must comply with all reporting requirements and cooperate in the event of a claim.

​

6. Driver Requirements and Background Checks

Y Drive maintains high standards for driver eligibility:

• All drivers undergo a vulnerable sector background check before approval.

• Vehicles must be less than 10 years old, routinely inspected, and comply with municipal licensing regulations.

• Drivers must maintain a valid driver’s license, proof of insurance, and meet all local, provincial, and federal requirements.

Failure to meet these standards may result in deactivation of the Driver account.

​

7. Independent Contractor Relationship

Drivers acknowledge that they are independent contractors and not employees, agents, or representatives of Y Drive. Y Drive does not control Drivers’ schedules, work hours, or methods. Drivers are solely responsible for the operation and maintenance of their vehicles and compliance with all applicable laws.

Y Drive merely provides a platform to connect Drivers and Riders in exchange for a commission.

​

8. Y Drive Communications

By using the Platform, you consent to receive communications from Y Drive, including emails, text messages, calls, and push notifications. Standard carrier charges may apply. You may opt out of promotional communications but understand that operational communications are necessary to use the Platform.

​

9. Restricted Activities

You agree not to:

• Impersonate another person or entity.

• Harass, stalk, or harm other Users.

• Violate any law, regulation, or municipal licensing requirement.

• Post or transmit harmful, fraudulent, or offensive content.

• Use the Platform for unlawful purposes.

Violations may result in immediate termination of your account.

​

10. Intellectual Property

All intellectual property rights in the Y Drive Platform are owned by Y Drive. You may not use Y Drive’s trademarks, logos, or branding without prior written consent.

​

11. Disclaimers

Y Drive does not guarantee uninterrupted access to the Platform or the quality of rides. Drivers and Riders assume all risks associated with their interactions. Y Drive is not responsible for lost belongings, vehicle damage, or personal injuries resulting from rides.

​

12. Limitation of Liability

Y Drive is not liable for indirect, incidental, or consequential damages arising from the use of the Platform. In jurisdictions where such limitations are not allowed, liability is limited to the maximum extent permitted by law.

​

13. Indemnification

You agree to indemnify and hold Y Drive harmless from any claims, liabilities, or damages arising out of your use of the Platform or your breach of this Agreement.

​

14. Confidentiality

Drivers and Riders must protect all confidential information shared through the Platform, including personal and trip details. Unauthorized disclosure may result in account termination or legal consequences.

​

15. Termination

This Agreement may be terminated by either party at any time. Y Drive may deactivate accounts for violations, safety concerns, or non-compliance with applicable laws.

​

16. Dispute Resolution and Arbitration Agreement

a. Binding Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to your use of the Y Drive Platform, this Agreement, or the relationship between you and Y Drive, whether as a Driver, Rider, or otherwise, will be resolved exclusively through final and binding arbitration. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

b. Arbitration Process
Arbitration will be conducted in Peterborough, Ontario, Canada, and administered by a neutral arbitrator selected jointly by the parties. If the parties cannot agree on an arbitrator, one will be appointed pursuant to the rules of the Arbitration Act, 1991 (Ontario). The arbitration will follow the substantive laws of Ontario, and the arbitrator’s decision will be final and binding on all parties.

c. Waiver of Class Actions
To the fullest extent permitted by law, disputes will be resolved on an individual basis. You expressly waive any right to participate in or bring claims as part of a class action, class arbitration, or other representative proceeding.

d. Costs of Arbitration
Each party will be responsible for its own legal fees and costs associated with the arbitration, except as otherwise required by law or determined by the arbitrator. The costs of the arbitration proceedings, including the arbitrator's fees, will be split evenly between the parties, unless the arbitrator decides otherwise.

e. Exceptions to Arbitration
Notwithstanding the above, the following claims may be resolved in court:

1. Claims within the jurisdiction of small claims court in Peterborough, Ontario.

2. Injunctive relief or equitable remedies sought by Y Drive to protect its intellectual property, Confidential Information, or proprietary interests.

f. Opt-Out Provision
You may opt out of this arbitration agreement by sending written notice to UNIT 15, 360 George Street, Peterborough, Ontario, K9H 2H6, within 30 days of first accepting this Agreement. Your opt-out notice must include your name, address, phone number, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect other terms of this Agreement.

g. Governing Law
This arbitration agreement and any arbitration conducted under it will be governed by the laws of the Province of Ontario, without regard to its conflict of laws principles.

​

17. Additional Provisions

This Agreement is governed by the laws of the Province of Ontario. Any disputes will be resolved under Ontario jurisdiction. This Agreement represents the entire understanding between you and Y Drive.

For questions or concerns about this Agreement, contact Y Drive at:
UNIT 15, 360 George Street, Peterborough, Ontario, K9H 2H6