Terms and Conditions

1. Introduction and Acceptance

These terms govern access to and use of the ChaufX website, customer-facing mobile app, and related services. By creating an account, downloading or accessing the app, or otherwise using the services, users agree to be bound by the terms, privacy policy, and any additional referenced policies.

2. Changes to the Terms

ChaufX may update the terms from time to time. The effective date will be revised, and users may be notified through the services or by email. Continued use after changes take effect means the updated terms are accepted.

3. Key Definitions

• Account: a registered customer account on the services.
• Authorized User: a family member, co-worker, or associate added to an account where that feature is available.
• Booking: a confirmed reservation for a driver to operate the customer’s vehicle during a specified period.
• Charges: all fees related to use of the services, including booking fees, membership fees, cancellation fees, no-show fees, tolls, parking, and other applicable charges.
• Service Credits: non-cash, non-transferable credits that may be applied to future ChaufX services where the feature is offered.

4. Nature of the Services

ChaufX operates as a technology marketplace connecting customers with independent drivers. ChaufX is not a taxi, ride-hailing, limousine, carrier, or transportation operator.

Drivers operate the customer’s own vehicle. The customer remains responsible for ownership, possession, insurance, registration, roadworthiness, and legal compliance of the vehicle.

ChaufX does not guarantee the availability, punctuality, or quality of a specific driver at a specific time.

5. Eligibility

Users must be at least eighteen years old, or the age of majority in their jurisdiction if higher, and must have legal capacity to enter into a binding agreement. The services are unavailable to users whose accounts were previously suspended, deactivated, or terminated.

6. Account Registration and Security

• Users must provide accurate, current, and complete account information and keep it up to date.
• Only one active account may be used unless otherwise permitted.
• Users are responsible for protecting login credentials and for all activity under their account.
• Unauthorized access or misuse must be reported immediately.

7. Authorized Users and Account Sharing

• Basic accounts do not include additional authorized users.
• Plus memberships may include up to three additional household family members, for a total of four people.
• Concierge memberships may include up to four additional family members, co-workers, or associates, for a total of five people.
• Corporate memberships follow the applicable corporate membership agreement.
• ChaufX may require each authorized user to create and accept their own account terms.

8. Membership Tiers, Billing, and Charges

• Basic membership is transactional with no monthly fee and published booking rates.
• Plus membership is $100 monthly or $999 yearly and includes reduced hourly booking rates and expanded account access.
• Concierge membership is $200 monthly or $2,199 yearly and includes reduced hourly rates and concierge-level support.
• Corporate membership uses custom pricing under a separate agreement.
• Where offered, a fourteen-day free trial applies to Plus and Concierge memberships before membership fees begin.
• Memberships auto-renew until cancelled, and ChaufX may charge membership fees and booking-related charges to the payment methods on file.
• Membership fees are non-refundable once charged. Price changes may be made on at least thirty days’ written notice.

9. Customer Obligations and Vehicle Ownership

• Customers represent that they own or lawfully possess the vehicle and may authorize a third-party driver to operate it.
• The vehicle must be roadworthy, legally registered, plated, and insured in accordance with applicable law.
• Insurance must permit a third-party driver engaged through a platform like ChaufX to operate the vehicle.
• Customers must treat drivers respectfully, avoid unsafe or unlawful conduct, avoid dangerous or illegal cargo, and complete pre-trip and post-trip vehicle condition checks.

10. Advance Booking, Cancellation, and No-Show Policy

• Standard bookings require at least two hours’ advance notice.
• Overnight or multi-day bookings require at least seventy-two hours’ advance notice.
• Standard bookings cancelled with less than one hour’s notice are subject to a 50% cancellation fee.
• Overnight or multi-day bookings cancelled with less than forty-eight hours’ notice are also subject to a 50% cancellation fee.
• If the customer has not made contact within forty-five minutes after pickup time, the booking may be treated as a no-show and charged a 50% no-show fee.

11. Driver Status and Right to Decline

Drivers are independent contractors who are vetted before onboarding. ChaufX may suspend, remove, or decline to engage drivers for safety, regulatory, or quality reasons.

Drivers may refuse to start or continue a booking where the situation appears unsafe, unlawful, or non-compliant, including intoxication, violent behaviour, unsafe vehicles, or dangerous cargo.

12. Insurance and Service Credits

• The customer’s automobile insurance is the primary insurance for claims arising from operation of the vehicle during a booking.
• Drivers must maintain the licence and insurance coverage required under the driver agreement.
• ChaufX maintains a commercial general liability policy with non-owned auto coverage that is intended to apply secondarily and only where eligible claims exceed applicable primary coverage, subject to the insurer’s terms and exclusions.
• Where a driver is determined to be at fault and the customer provides concrete evidence within thirty days, ChaufX may issue non-cash service credits toward future services.
• Service credit caps differ by membership level and are not admissions of liability.
• Rental vehicle bookings require the assigned driver to be listed as an authorized driver on the rental contract before service begins.

13. No Off-Platform Solicitation

Customers may not solicit, arrange, or accept transportation or related services outside the ChaufX platform with a driver they were matched with through the platform, without prior written consent from ChaufX, during use of the services and for twelve months after the last booking.

14. Communications

Transactional communications related to bookings, accounts, and service operations may be sent without additional marketing consent where exempt under CASL. Marketing messages are sent only where express consent has been provided and may be unsubscribed from at any time.

15. Acceptable Use

• Do not use the services unlawfully or in breach of applicable law.
• Do not provide an uninsured, unregistered, or unroadworthy vehicle.
• Do not transport unlawful, dangerous, or hazardous goods.
• Do not harass, threaten, discriminate against, or abuse drivers or other users.
• Do not impersonate another person, scrape data, bypass security, reverse engineer the platform, or use personal information of others improperly.

16 to 22. Intellectual Property, User Content, Risk, Disclaimers, Liability, and Indemnity

• ChaufX and its licensors own the intellectual property rights in the platform, brand, and related content.
• Users retain ownership of user content they submit, but grant ChaufX a licence to use that content to operate, maintain, and improve the services and respond to disputes or safety issues.
• Users assume the inherent risks of motor vehicle travel and remain responsible for ensuring their vehicle is insured and in safe legal condition.
• The services are provided on an as-is and as-available basis, subject to applicable non-waivable rights.
• ChaufX limits its liability to the maximum extent permitted by law, including a general cap based on amounts paid in the previous twelve months or CAD $100, whichever is greater.
• Users agree to indemnify ChaufX for claims arising from misuse of the services, breaches of the terms, vehicle non-compliance, insurer disputes, user content, or legal violations.

23 to 31. Reporting, Suspension, Privacy, Governing Law, and Contact

• Accidents, collisions, near-misses, damage, injury, or other safety incidents must be reported promptly, and customers must cooperate with investigations and insurers.
• ChaufX may suspend or terminate accounts for breaches, fraud, unlawful conduct, inaccurate information, or conduct that creates harm or liability risk.
• Use of the services is also governed by the privacy policy.
• Ontario law governs the terms, subject to applicable consumer protection rights.
• Users should provide written notice of disputes and engage in good-faith discussions before legal proceedings unless urgent court relief is needed.
• Questions about the terms may be directed to info@chaufx.ca or by mail to ChaufX at 2 Simcoe Street South, Suite 300, Oshawa, Ontario L1H 8C1.