The following are additional terms to the Wilma Member Agreement [insert link] which are applicable to Drivers and applicants to become Drivers with Wilma. THESE DRIVER TERMS SETS OUT THE ADDITIONAL TERMS BY WHICH YOU MAY USE THE APP AND PROVIDE RIDE SERVICES AND RECEIVE PAYMENT. BY USING THE APP, YOU INDICATE THAT YOU ACCEPT THESE TERMS, AND AGREE TO BE BOUND BY THEM.
Capitalized terms in these Driver Terms have the meaning given to them in the Wilma Member Agreement.
26. Additional Driver Eligibility Obligations
26.1 Drivers must comply with the following requirements at all times:
- Drivers must be at least 25 years of age or older and provide proof of work eligibility, have a valid Class G driver’s licence (for Ontario residents) or equivalent, a minimum of three years of safe driving experience, provide current proof of criminal background check clearance, pass driver record checks, have no major or criminal driving infractions, and have no more than two moving violation or no license suspensions over the past three years, and be medically fit to operate a motor vehicle. Driver agrees to provide Wilma the information and authorization to perform a license status check every six months and an annual motor vehicle record verification;
- Drivers must own or have the legal right to operate the vehicle used to provide Ride Services;
- Drivers will not transport more passengers than can securely be seated in the vehicle by Applicable Law;
- the vehicle must be in good working order that meets all industry safety standards, and any and all applicable safety recalls have been remedied per manufacturer instructions;
- Drivers must drive safely, not operate a vehicle that is not safe to drive;
- Drivers will not permit unauthorized third parties to accompany Drivers in the vehicle while providing Ride Services, provide Ride Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Wilma community or third parties;
- the vehicle used to provide Ride Services must be the vehicle registered with the App and approved by Wilma, and the vehicle indicated in accepting the Ride Services;
- while providing Ride Services, Drivers will not operate as a common or public carrier or taxi service, accept street hails, demand or take payment in cash or otherwise charge for rides (except as expressly provided in this Agreement); and
- Drivers will not defraud or attempt to defraud Wilma, Customers or Riders in connection with the provision of Ride Services.
26.2 Wilma may suspend or terminate any Driver’s ability to provide Ride Services in its sole discretion, including without limitation due to non-compliance with any of the foregoing, or as a result of complaints or unfavourable Rider ratings.
27.1 Driver is required to maintain appropriate personal vehicle insurance as required by Applicable Law during the term of these Driver Terms.
27.2 If Driver is not a taxicab service, licensed limousine or livery service, Wilma’s company insurance policy (“TNC Policy”) will provide Driver with insurance coverage in accordance with its terms. The TNC Policy is independent of these Driver Terms and is subject to its own terms, conditions and exclusions. A copy of the TNC Policy is available here.
27.3 Driver agrees that if she is insured under Wilma’s Policy her address for service for documents from TNC’s insurer will be the TNC’s mailing address and Driver waives any right to receive notice from the TNC’s insurer at any other address.
27.4 Driver agrees that if she has either: (i) accepted a request for transportation or logistics services through a third-party transportation network or through a company that provides services similar to the TNC’s transportation network services; or (ii) is providing transportation or logistics services which Driver has been connected to through a third-party transportation network or through a company that provides services similar to the TNC’s transportation network service, Driver will be deemed not to be available to receive requests for transportation services for the purposes of the TNC Policy. Drivers’ status on the App may also deem her not to be available to receive requests for transportation services for the purposes of the TNC Policy.
27.5 Driver’s confidential and personal information may be disclosed to any insurer of Driver’s vehicle or the owner of Driver’s vehicle, and to any party that is directly involved in an insurance claim situation which involves or which the party reasonably believes involves the transportation of paying passengers.
27.6 Driver agrees to notify TNC and Wilma of any damage or injury to any person or property sustained while providing Ride Services or in transit to a Pickup Location or from a Final Stop as soon as possible after the damage or injury occurs, to keep Wilma and TNC notified of the status of such injury or damage claims, and to provide all necessary assistance and information in processing such claims.
27.7 Drivers are only allowed to use private passenger type vehicles with a manufacturer’s gross vehicle weight rating of no more than 4500kg, with a seating capacity of no more than 6 exclusive of the Driver.
27.8 All Drivers must provide the TNC with proof of the insurance she is required to hold pursuant to the foregoing.
28. Driver Documentation and Disclosures
28.1 Wilma requires all Drivers to have the necessary requirements and qualifications ready before registering themselves.
28.2 Drivers must adhere to these Driver Terms, the Member Agreement and all requirements and processes of the App.
28.3 Drivers must notify Wilma of any changes made to her drivers’ license and insurance, including notice of any suspensions, cancellations and expirations. Drivers must provide copies of all licenses and insurance policies as requested by Wilma. Driver must timely renew any drivers licenses and insurance policies. If a Driver does not provide copies and proof of renewal or reinstatement of the Driver’s license or insurance, the Driver’s Member Account will be suspended.
28.4 Drivers must advise of any change of address in any documentation that is provided to Wilma.
28.5 Driver will provide all necessary information required by Applicable Law, including any local or municipal ordinances, such as periodic updates of license and insurance information, criminal record checks and other background checks.
28.6 To the extent Driver is required by Applicable Law to obtain a specific license, obtain any specific qualifications, accreditations or pass any required tests, Driver will not be able to provide Ride Services until such requirements are met, and Driver must provide proof of compliance with such requirements.
28.7 At all times while providing Ride Services, each Driver must have her driver’s license, required insurance documentation, the vehicle identification certificate applicable to that vehicle, and any other documentation required by Wilma through the App or otherwise by Applicable Law.
28.8 Upon request, Drivers must provide copies of any commercial vehicle inspection report for any vehicle used to provide Ride Services.
29. Obligations in Providing Ride Services
29.1 Driver will operate the App and provide the Ride Services using the processes and requirements of the App.
29.2 Driver will obey all local laws in providing Ride Services and while operating the App, and Driver will be solely responsible for any violations of such local laws.
29.3 Driver will only accept Riders through the App, and using the vehicle that is reported as being in service for the Ride Services in the App.
29.4 As the quality of service is paramount to Wilma, Drivers must ensure full compliance with the Community Guidelines and the requirements and procedures of the App at all times, including the requirements regarding accessibility, disability and service animals.
29.5 Items left in the vehicle must be reported immediately to the concerned authorities.
29.6 Drivers will be solely responsible for determining the most effective, efficient and safe manner to perform each Ride Service. Drivers will be responsible for making their own decision as to the accuracy and suitability of each Customer, Rider and Guest, and as to whether the Driver will accept or decline to provide them with Ride Services.
29.7 Driver acknowledge that her geolocation information must be provided by her device in order to enable the Driver to provide the Ride Services. Driver acknowledges and agrees that such geolocation information will be accessible by the App and when the Driver is logged in the Driver’s location can be displayed to Wilma, Customers and Riders.
30. Driver Payments
30.1 Amounts payable to Drivers for Ride Services are calculated as follows:
(a) Drivers will be paid the applicable fee for each Ride Service (the “Driver Payment”), which is the applicable Ride Fee set out in the App for each Ride Service, less the commission payable to Wilma, as set out in the App from time to time (“Wilma Commission”). Driver agrees the Wilma Commission is in consideration for the provision of the App and related Services. Each Ride Fee will be notified via the App.
(b) Wilma will attempt to collect the Ride Fees from the Rider on behalf of the Driver. Wilma may also levy additional charges on the Rider for the Ride Services. Driver appoints Wilma to be commercial agent solely of the Driver in collecting all Ride Fees and distributing the Driver Payments to the Drivers.
(c) On or about a weekly basis, Wilma will provide Drivers with a statement which will set out the Ride Services completed by the Driver, and the Driver Payments payable to the Driver (“Driver Statement”). The Driver Statement will also include any separate additional fees payable to the Driver. If a Driver believes the Driver Statement is incorrect, she must notify Wilma within 24 hours via email to firstname.lastname@example.org and Wilma will investigate this dispute. Driver must provide Wilma with all reasonable assistance and information requested when they are investigating your dispute. Wilma will investigate your dispute and its decision will be final. If Driver fail to notify Wilma of her dispute or to cooperate in accordance with this Section 5.1(c), Driver will be deemed to have accepted the Driver Statement and the Driver Payments due.
(d) If a Rider fails to pay, challenges or otherwise disputes the accuracy of the Ride Services or the Ride Fees, Wilma may withhold payment of the Driver Payment in respect of that Ride Service or, if the applicable Driver Payments have already been paid to the Driver, may deduct an amount equivalent to the disputed Driver Payment from the next Driver Statement payment. Wilma will investigate the Rider dispute and its decision on payment of such Driver Payment will be final. For the avoidance of any doubt, Wilma will not be required to make payment of the Driver Payment to the Driver if the Rider fails to pay the Ride Fees due.
(e) Subject to the foregoing, Wilma will pay Driver the Driver Payments in arrears in accordance with the Driver Statement. Wilma will endeavour to process all payments to Driver (subject to any disputes) contemporaneously with delivery of the Driver Statement.
30.2 Each Driver will be responsible for payment of all applicable federal, provincial and local taxes, including income taxes, based on your provision of Ride Services and any Driver Payments received by Driver.
31. Damages and Clean-Up
Wilma is not responsible for any damage or mess caused by Riders or Guests. However, Driver should notify Wilma immediately at email@example.com if a Rider caused significant damage or made a mess in Driver’s vehicle, as in some cases, Wilma may be able to charge a repair or cleaning fee to the Rider, and reimburse Driver for the damage or mess up to the amount of the repair or cleaning fee.
32. Fatigue Prevention
Drivers may only be available to provide Ride Services through the App for up to twelve (12) hours in any twenty-four (24) hour period. After that Drivers must take a break for at least six (6) consecutive hours, and then the calculation under this Section 7 will restart.
33. Your Relationship to Wilma
33.1 Driver has complete discretion whether to use the App or to provide Ride Services, and to carry on any other business activities when not providing Ride Services, including providing similar services to the Ride Services for other entities. Except as required by law, Drivers are not obligated to display any signage, wear any specific uniform, or display Wilma’s trademarks.
33.2 Drivers may set their own schedules using the App and providing Ride Services. Driver may accept or decline any proposed Ride Services of any Customers, and cancel rides as permitted by the Member Terms. There are minimum or maximum numbers of or periods of use for the App or providing Ride Services, subject to compliance with any regulatory and insurance requirements imposed on the Driver, Applicable Law, and Section 7.
33.3 Wilma does not guarantee availability nor uninterrupted or error free use of the App nor does Wilma guarantee any minimum or maximum amounts of Ride Services. Wilma will not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.
33.4 Nothing contained in these Driver Terms will be construed or have effect as constituting any relationship of employer and employee between Wilma and the Driver. Drivers will at all times be independent contractors delivering Ride Services directly to Customers on their own accounts. Driver and Wilma expressly agree that no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by the relationship between Driver and Wilma.
33.5 Nothing in these Driver Terms will constitute the Driver acting as an agent of Wilma. Drivers will not have any right or power whatsoever to contract on behalf of Wilma or bind Wilma in any way in relation to third parties unless specifically authorized to do so. Wilma is acting as a commercial agent of the Driver, by bringing together Drivers with Customers and Riders, and facilitating the Driver’s provision of Ride Services and payments through the App.
34. Trademark License
34.1 If a Driver chooses to use any Wilma decals or other branded items on the Driver’s vehicle while providing Ride Services, Wilma grants to you, while you are a Member in good standing, and while providing Ride Services, a limited, revocable, non-exclusive license (the “License”) to display and use the Wilma trademarks on such Wilma decals and other items (the “Wilma Marks”). The License is non-transferable and non-assignable, and you may not grant to any third party any right, permission, license or sublicense with respect to the License or the Wilma Marks without Wilma’s prior written permission, which it may withhold in its sole discretion. You may not use the Wilma Marks for any other purpose.
34.2 You agree to use the Wilma Marks strictly in accordance with Wilma’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Wilma determines to nonconforming or otherwise unacceptable. Any goodwill arising out of the License or your use of the Wilma Marks will enure to the benefit of Wilma or its licensors.