Wilma Member Agreement
This agreement defines the basis upon which Wilma will provide you with access to Wilma’s women-driving-women ride hailing membership service, pursuant to which you will be able to offer, provide or request certain ride services from third-party drivers by placing orders through Wilma’s app. This agreement sets out the terms on which you may use the app and request or provide ride services. By using the app and by indicating your acceptance of this agreement, you indicate that you accept this agreement, and agree to be bound by it. Please read this agreement carefully before you start to use the app and before you offer, provide or request ride services through the app. If you do not agree to this agreement, you must not use the app or request, receive or provide ride services through the app.
Your attention is particularly drawn to section 12 which limits Wilma’s liability to you.
1. Definitions and Interpretation
1.1 In this Agreement (unless the context otherwise requires), the following words and phrases will have the following meanings:
“Additional Terms” means the supplemental terms, policies and guidelines that are deemed to be incorporated in this Agreement, as may be modified, added or removed from time to time, including:
Gift Card Terms
“Agreement” means this Wilma Member Agreement, together with all applicable Additional Terms.
“App” means the mobile and website application which provides a platform for offering, providing or requesting Ride Services or Ride Requests.
“Applicable Law” means any law, rule, statute, regulation, order, judgment, decree, treaty, directive or other requirement in force at any time during the term of this Agreement which applies to or is otherwise intended to govern or regulate any person or entity (including either or both you and us), property, transaction, activity, event or other matter.
“Cancellation Fee” means the fee charged for cancellation of a Ride Request, in an amount set out in the App.
“Customer” means an individual who has purchased a Membership and who makes a request for Ride Services using the App.
“Driver” means a driver who is an independent contractor who has purchased a Membership and been approved by Wilma to provide transportation services to users of the App, including Customers.
“Fees” means the amounts payable by the Customer in connection with the Ride Services and other Services as further outlined in Section 6.
“Final Stop” means the location notified by the Customer using the App as the final destination for the Ride Services.
“Gift Card” means a gift card issued by Wilma for Memberships or Ride Services, which may be purchased by Members or third parties pursuant to the Gift Card Terms
“Guest” means a friend, family or colleague of any gender who is a passenger accompanying the Rider during Ride Services.
“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world.
“Member” means a Driver or Rider, as the case may be. A reference to “you” or “your” will be construed as a reference to a Member.
“Member Account” means the Driver or Customer’s account with Wilma which contains the Customer’s Personal Information including their name, address, email address, phone number and payment information.
“Membership” means a membership in Wilma, purchased by a person and issued by Wilma in accordance with this Agreement.
“Membership Fee” means the applicable fee that may be charged to Members and applicants for Membership for a defined period of time, as determined by Wilma from time to time.
“No Show Fee” means the amount charged when a Driver waits for five minutes after arriving at the Pickup Location to provide Ride Services, in an amount set out in the App.
“Offers” has the meaning set out in Section 7.2.
“Payment Method” means a current, valid, method of payment accepted by Wilma, as may be updated from time to time, and which may include payment through a Member Account with a third party.
“Personal Information” means information that is defined as “personal information” by one or more Privacy Laws.
“Pickup Location” means the location notified by you using the App at which you will be picked up by a Driver.
“Privacy Laws” means the Personal Information Protection and Electronic Documents Act (Canada), as amended or supplemented from time to time, and any other Applicable Laws now in force or that may in the future come into force governing the collection, use, disclosure and protection of Personal Information applicable to you or us, or to any Personal Information collected, used or disclosed in the course of providing or receiving the Services.
“Ride Fee” means the amount payable for Ride Services, inclusive of any tips that a Rider may choose.
“Ride Request” means a request for Ride Services by the Customer via the App.
“Ride Services” means transportation services to be provided to you by a Driver.
“Rider” means the Customer who is receiving Ride Services.
“Services” means the platform for ordering Drivers, through the App, for performance of Ride Services.
“Wilma” means Wilma Technologies Inc., and references to “us” or “we” will be construed accordingly.
1.2 In this Agreement (unless the context requires otherwise):
(a) the words “including” or “include” means including or includes without limitation and words in the singular include the plural and in the plural will include the singular;
(b) reference to a party will, upon any assignment or other transfer that is permitted by this Agreement, be construed to include those successors and permitted assigns or transferees;
(c) the contents list, headings, and any descriptive notes are for ease of reference only and will not affect the construction or interpretation of this Agreement; and
(d) reference to any legislative provision will be deemed to include any statutory instrument, by-law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re-enactment or amendment of the same.
1.3 This Agreement will apply to the Customer’s access and use of the Services and all Ride Requests placed by the Customer through the App, the Rider’s receipt of Ride Services and the Driver’s offering and provision of Ride Services.
2.1 As a women-driving-women, ride-hailing membership service dedicated to creating a safe space for women to travel and work safely within the ride-hailing gig economy, all Drivers and Riders must be women, as further set out below. You may contact Wilma for further information about how to make this determination by contacting Wilma at firstname.lastname@example.org.
2.2 Wilma recognizes the dignity and worth of every person and will provide equal rights and opportunities without discrimination. Therefore, Wilma aims for non-binary and trans people to be provided access that is consistent with their lived identity. Riders must exclusively have a lived identity of female, non-binary or trans. Drivers who do not have a gender identifier of “F” on their driver’s license must contact Wilma, pursuant to the Driver Terms to become Drivers
2.3 The Rider may procure a Ride Service for the Rider together with multiple Guests (subject to space limitations of the vehicle and Driver approval), provided that any Guests who do not have a lived identity of female, non-binary or trans must be accompanied by the Rider at all times during the Ride Services.
2.4 You must be 18 years of age or older to become a Member, use the App, place or provide Ride Requests, or offer, provide or receive Ride Services. Access to the App and Ride Services is permitted for personal use only.
2.5 All Drivers and Riders must comply with our Wilma Community Guidelines all times.
3.1 You will need to become a Member by setting up a Member Account, paying the prescribed Membership Fee, and providing us with one or more Payment Methods to access the Services and use the App. Any notice or other communication permitted or required in accordance with this Agreement by Wilma will be sent to the email address that you provided when setting up your Member Account, or by a message through the App.
3.2 Unless you cancel your Membership before your billing date, you authorize us to charge the Membership Fee for the next billing cycle to your Payment Method.
3.3 You can cancel your Membership at any time, which will become effective at the end of your current billing period. You will continue to have access to the Services through the end of your billing period. To the extent permitted by Applicable Law, payments are non-refundable and we do not provide refunds or credits for any partial Membership periods. If you signed up for the Services using your Member Account with a third party as a Payment Method and wish to cancel your Membership, you may need to do so through such third party, for example by visiting your Member Account with the applicable third party and turning off auto-renew, or unsubscribing from the Services through that third party.
3.4 The App is not available to any person who is not a Member, or to Members who have had their Member Account cancelled or deactivated. You may not allow other persons to use your Member Account, and you agree that you are the sole authorized user of your Member Account.
3.5 By opening a Member Account, you represent and warrant that you have the right, authority and capacity to enter into this Agreement, and to abide by the terms and conditions of this Agreement.
3.6 You are responsible for the use of your Member Account and Wilma expressly disclaims any liability arising from the unauthorized use of your Member Account. Should you suspect that any unauthorized party may be using your Member Account or you suspect any other breach of security, you agree to notify us immediately.
4.1 The App provides a means to enable Customers who seek transportation to certain destinations to be connected with Drivers, and for Drivers who offer Ride Services to be connected with Customers. Wilma does not provide transportation services, and is not a common carrier, public carrier, travel agency or ticket broker. Wilma is a technological service provider that uses an electronic platform to provide the Services.
4.2 To use the App or receive any Services, you must have Internet access and an App-compatible mobile device and provide us with one or more Payment Methods.
4.3 Notwithstanding the provisions of Section 4.1, Wilma does not guarantee availability nor uninterrupted or error free use of the App and 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.
4.4 It is in each Driver’s discretion whether to provide Ride Services or accept a Ride Request. It is in each Customer’s discretion whether to place a Ride Request or agree to Ride Services with the Driver. We do not guarantee that a Driver or Rider will comply with their obligations under this Agreement, and do not have control over the quality or safety of the transportation that occurs as a result of the Ride Services.
5. Ride Services
5.1 For Riders, in order to connect you to Drivers, you will be required to enter your Pickup Location into the App. When you enter your Final Stop, we will provide you with an estimated Ride Fee, based on the information provided, and provide you with the availability of Drivers. If you wish to proceed with your request for Ride Services, you should select the “Confirm Ride” button and you will be connected with a Driver for Ride Services and this will constitute a Ride Request. By selecting the “Confirm Ride” button, you will enter into a contract for Ride Services with a Driver and be provided with their details via the App. For the avoidance of any doubt, your contract for Ride Services will be with the Driver selected and will not be with Wilma. You acknowledge and agree that Wilma is not a party to your contract for Ride Services.
5.2 You acknowledge that your geolocation information must be provided by your device to enable us to provide the Services. You acknowledge and agree that your geolocation information will be accessible by the App, and when you are logged in your location will be displayed to Wilma and Drivers to provide the Services. The geolocation data is imprecise and is not intended to be relied upon in situations where accurate location information is needed. Neither Wilma, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the App.
5.3 Riders may cancel Ride Services prior to the Driver arriving at the Pickup Location, and the applicable Cancellation Fee will be charged. Riders may also cancel a Ride Service in progress, and the Riders will be charged an adjusted Ride Fee based on the time, distance and applicable rate multiplier then in effect. If a Rider is not at the Pickup Location when the Driver arrives, the Rider may be charged the No Show Fee
5.4 Drivers may cancel their provision of Ride Services at any time. The Driver may cancel a Ride Service before the Final Stop due to safety, health or other concerns as set out in the Community Guidelines, or otherwise in her discretion, provided that in such case the Driver must drop off the Rider at a safe and suitable location where possible. Cancellations by Drivers can have an effect on the Driver’s rating and evaluation profiles by Wilma.
5.5 Once the Ride Services have been completed, you will be able to rate your Driver via the App. Where you choose to rate your Driver, you must provide accurate feedback on the Driver to allow us to monitor the quality of the Ride Services they provide to users of the App. Drivers may also be permitted to rate you as a Rider and such information may be used by Drivers when deciding whether to accept or reject your future Ride Requests.
6.1 The Membership Fee will be charged to your Payment Method on the specific payment date indicated on the “My Account” page. The length of your billing cycle will depend on the Membership plan that you have selected. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your Membership plan or if your paid Membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of Membership or Service-related charges through various methods, including authorizing it for up to approximately one month of Membership as soon as you register. If you signed using your Member Account with a third party as a Payment Method, you can find the billing information about your Membership by visiting your Member Account with the applicable third party.
6.2 In consideration of the Ride Services, you will be charged the Ride Fees. The Ride Fees will be calculated on a fixed fee basis. The amount of the Ride Fee will be notified via the App and you will have the opportunity to place the Ride Request at your sole discretion at such proposed Ride Fee.
6.3 Wilma may offer from time to time pricing variations for Ride Fees based on the type of Ride Service and vehicle you request (such as shared, economy, larger or luxury vehicles) and whether the Ride Service is requested for a high-demand time.
6.4 All payments by Riders will be made through the App, to the Payment Method selected by you. You authorize us to charge any Payment Method associated to your Member Account in case your primary Payment Method is declined or no longer available to us for payment of any Fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Member Account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
6.5 Every time you add a new Payment Method, Wilma may obtain authorization of your selected card to verify the payment method, ensure the Ride Fees for any Ride Services will be covered, and to protect against any improper use of a credit card. While the authorization is not a Ride Fee, your available credit for your credit card may be reduced temporarily. Wilma will not be responsible for any charges arising from your use of the credit card or any authorizations performed by Wilma.
6.6 You can update your Payment Methods by going to your “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Methods.
6.7 Wilma will effect payments through a third party payment services provider, in one or more transactions depending on the nature of the Fees. Wilma may replace its payment services provider at any time without notice to you.
6.8 Once the Ride Services have been completed and payment made, we will send the Rider an electronic receipt. Details of past Ride Services for up to two (2) years are available via the App.
6.9 As part of the booking process, for every Ride Request placed as a Rider, you agree to Wilma making a pre-authorization payment through the Payment Method provided on your Member Account (“Pre-Authorization Payment”). The amount of the Pre-Authorization Payment will be the indicated Ride Fee. This amount will not be charged to your Payment Method at the time of placing your Ride Request, but is reserved for payment of the Ride Fees. A charge will be made against the Payment Method following completion of your Ride Request. If, after fulfilment of your Ride Request, full payment is not successfully made by you, the Pre-Authorization Payment may be used to settle, or as part payment, towards the outstanding Ride Fee. If payment is received in full, the Pre-Authorization Payment will be released by Wilma. Please note that this may take your financial services provider up to 5 working days to process.
6.10 If you fail to make payment of any Fees either in full or in part Wilma may:
suspend your access to the Services;
permanently delete your Member Account and access to the Services; and/or
continue to attempt to charge your chosen payment card or any other payment cards registered on your Member Account for any outstanding Fees until such Fees have been paid in full.
6.11 If during the course of the Ride Services you require the Driver to change her route in any matter whatsoever, including making any unscheduled stops or using an alternative route, the Ride Fee may be recalculated to take account of such changes. Changes to the Ride Fee will be notified to you via the App.
6.12 If after placing a Ride Request you decide to cancel your Ride Request and a Driver has been assigned to you, you will be charged the applicable Cancellation Fee.
6.13 If you are not at the Pickup Location or otherwise not available to begin the Ride Service within five minutes from when the Driver arrives, you will be charged the applicable No Show Fee, and your Ride Request will be cancelled.
6.14 You will also be responsible for other applicable fees and surcharges that may apply to your Ride Services, including personal credit card fees, tolls, airport fees, provincial, municipal or other local fees.
6.15 Where required by law, Wilma will collect and remit applicable taxes.
6.16 You may also choose to tip the Driver through the App, which amount will be added to your Ride Fees.
6.17 If during the provision of the Ride Service, the Driver reports any damage or mess is caused by you, you will be charged an additional cleaning fee, as prescribed in the App.
6.18 If you make a complaint pursuant to Section 21, then subject to Wilma’s absolute discretion any refund that it may determine to provide to you will be credited to the payment card you used for the Ride Service or such other method as is deemed reasonable by Wilma.
6.19 All Fees are non-refundable, regardless of whether your Membership or a Ride Service has been cancelled by you or the Driver, or any disruption to the App or Ride Services, or any other reason whatsoever.
6.20 We may change our subscription plans and the price of any of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
7. Gift Cards and Promotions
7.1 You may use Gift Cards for opening Member Accounts or that have been added to your Member Account, in accordance with the Gift Card Terms.
7.2 We may issue coupons or other promotional offers, plans or Memberships from time to time (“Offers”). Such coupons and promotions may only be used through the App, and are subject to the terms of the coupon or promotion disclosed to you when you sign up for the Offer or in other communication made available to you. The coupons and promotions are not transferrable or redeemable for cash, and may expire or cancelled by Wilma at any time, except as required by law. Coupons cannot be combined unless expressly provided otherwise. Members of households with an existing or recent Membership may not be eligible for certain introductory Offers. Offer eligibility is determined by Wilma at its sole discretion and we reserve the right to revoke an Offer and put your Member Account on hold in the event that we determine you are not eligible for the Offer. We may use information such as device ID, method of payment or an Member Account email address used with an existing or recent Membership to determine Offer eligibility.
7.3 Where a promotion offers Customers or Drivers a bonus for submitting or completing a set numbers of Ride Requests, you must not do anything in fulfilment of this promotion which may be deemed fraudulent. All Ride Requests must involve the provision of Ride Services to bona fide Customers and you must not collude with any other Customers or Drivers or create any fake or fictitious Customer profiles or submit fictitious Ride Services to qualify for any promotional or bonus payment. Wilma reserves the right to report any fraudulent activities to relevant law enforcement authorities.
7.4 Where it is reasonably considered by Wilma that you have acted in a manner that is otherwise than in accordance with Sections 7.1, 7.2 and 7.3, Wilma will notify you and, at its sole discretion, may withhold any promotional payment or discount or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Section 7.1, you can appeal this decision by writing to us at email@example.com within 48 hours of receipt of such notification and providing full reasons for your dispute.
8. Additional Driver Obligations
8.1 Drivers will comply with the additional terms set out in the Driver Terms, which will form part of this Agreement between you and Wilma.
9.1 We may process your Personal Information in accordance with Wilma’s Privacy Statement. Please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood and agreed to the use of your Personal Information set out in the Privacy Statement.
10. Intellectual Property
10.1 You acknowledge that all Intellectual Property Rights and all other rights in the App are owned or licensed by Wilma and you do not acquire any rights in or to the App under this Agreement.
10.2 If you give feedback about Wilma or the Services (including any ideas or suggestions for enhancements or improvements to the App) to Wilma, then Wilma and its licensors, successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person.
10.3 The trademark WILMA and other Wilma logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Wilma in Canada and other countries (collectively, the “Wilma Marks”). Wilma is the owner or licensor of the Wilma Marks, including all goodwill associated with the Wilma Marks.
10.4 If you believe in good faith that any materials on the App infringe upon any of your intellectual property rights, please view our IP Claims Policy for information on how to provide formal notice of a complaint.
11. Suspension or Modification
Wilma reserves the right, at its sole discretion, to change, alter or suspend the App, or any features, benefits or functionality, or your access to the Services. From time to time, Wilma may also restrict access to some or all parts of the Services or the App.
12. Liability of Wilma, Riders, Drivers and Guests
12.1 The App is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the App or the Services, including the ability to provide or receive any Services at any given location or time. Wilma may change the availability times and areas in which the Services may be provided. To the fullest extent permitted by law, we specifically disclaim any implied warranties and conditions of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the App or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the App will be corrected, that the App will be free of viruses or other harmful components.
12.2 Wilma cannot verify that a Driver or Rider is the person indicated in the Ride Services transaction, and you should use reasonable judgement to verify the purported Driver or Rider including by referring to the photographs and other personal information that may be provided in the App.
12.3 Wilma is not responsible for any personal injury or losses, including any lost possessions left in a vehicle.
12.4 By using the Ride Services, you accept the risks and agree that Wilma is not responsible for the acts or omissions of Drivers, Riders or other third parties.
12.5 Riders are responsible for the acts and omissions of their Guests.
12.6 We are not responsible if third parties use any information about you that they obtain from your use of the App, including profile and other personal information, that you have disclosed through your use of the App.
12.7 Wilma is not responsible for any fees, costs, or overage charges associated with any data plan you use to access the App and obtain or provide Ride Services
12.8 Wilma will not be liable to the Rider or Guests for the actions or omissions of any Driver or in connection with the Ride Services. If you have any claim in relation to the Ride Services, please contact us at firstname.lastname@example.org.
12.9 Wilma will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your electronic or mobile equipment, computer programs, data or other proprietary material due to your use of the App or the Services or to your downloading of any content on it, or on any website linked to it.
12.10 Wilma does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. Wilma may report any breaches or suspected breaches of the above to law enforcement authorities and Wilma will co-operate with those authorities by disclosing your identity to them. In the event of such breaches, your right to use the App will cease immediately.
12.12 Wilma will not be in breach of this Agreement nor liable for any delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.
12.13 In no event and under no circumstances will Wilma, or its affiliates, successors and assigns, and its and their officers, directors, employees, agents, or shareholders (collectively “Wilma” for purposes of this section) be liable to you or any other person for any loss or damage (including indirect, special, incidental, consequential and punitive damages) arising from, connected with, or relating to your use, or inability to use, the services, or in connection with a ride request or ride services or use of the app, under any theory (including contract, tort, strict liability, or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Wilma, and even if Wilma has been advised of the possibility of the potential loss or damage being incurred.
12.14Wilma’s total liability to you in connection with this Agreement and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, will be limited to the Fees payable by you in relation to the specific Ride Request or Ride Services in which the liability arose.
You will defend, indemnify, and hold Wilma including our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities, damages and expenses (including reasonable legal fees) relating to or arising out of your use of the App and participation in the Services, including: (a) your breach of this Agreement; (b) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (c) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Ride Services as a Driver; (d) any other activities in connection with the Ride Services; or (e) any allegation that any Feedback or other materials that you submit to us or transmit through the App or to us infringes or otherwise violates the intellectual property rights of any third party.
14.1 You may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your Member Account.
14.2 Wilma is entitled to terminate its provision of the Services to you or your licence to use the App, with immediate effect, by disabling your Member Account or otherwise preventing you from accessing or using the App, at its sole discretion, at any time for any reason.
Wilma reserves the right, in its sole discretion, to amend, modify or supplement this Agreement at any time, and such modifications will be binding on you upon either your acceptance of the modified Agreement or upon posting of the amendments, modifications or supplements. Wilma reserves the right to modify any information or content on the App or elsewhere in its sole discretion from time to time, and such modifications will become effective upon posting. Continued use of the App or receipt or provision of any Ride Services after any such changes will constitute your consent to such changes.
When you use the App or send us emails or use pop-ups or make calls, you may be communicating with Wilma electronically. Subject to Applicable Law, Wilma may communicate with you by email, pop-up, message within the App, phone, text or by posting notices on the Wilma website. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing.
Your Member Account and the Services are personal to you, and therefore you may not assign, sub-licence or transfer in any other way your rights and obligations under this Agreement of use to any third party. However, if necessary, Wilma may freely assign its rights and obligations without your consent and without the need to notify you before assigning them
If any part of this Agreement are disallowed or found to be ineffective by any court or regulator, the other provisions will continue to apply to the maximum extent permitted by law.
Any provision of this Agreement which, by its nature, would survive termination or expiration of this Agreement will survive any such termination or expiration of this Agreement, including Sections 3.6, 4.2, 6, 9, 12.10, 16, 10, 12, 13, 19, 20, 22, 23, 24 and 25.
No failure or delay by Wilma to exercise any right or remedy provided in this Agreement or by law will constitute a waiver of that or any right or remedy, nor will it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy will preclude or restrict the further exercise of that or any other right or remedy.
21. Contacting Us and Complaints
If you have any concerns, or wish to contact us for any reason, you can do so by emailing us at email@example.com.
22. Jurisdiction and Applicable Law
This Agreement and the subject matter of this Agreement and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any disputes arising out this Agreement or the Services will be resolved through legal proceedings in the federal or provincial courts located in Toronto, Ontario, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those courts or arbitration proceedings regarding those matters.
23. No Agency
Nothing in this Agreement will be construed as creating, in any form, an agency relationship between Wilma and Customers or between Wilma and Drivers under the laws of Ontario.
24. App Store Terms
You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the App (for example, the Apple App Store or Google Play). Where have you acquired the App from the Apple App Store, this Agreement is entered into between you and Wilma. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the App. Wilma, not Apple, is solely responsible for the App and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
25. Additional Local Terms
Each jurisdiction in which Wilma offers the Services may be subject to specific additional provincial, municipal or other localized requirements (“Local Terms”). The Local Terms can be found here.
IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.