Maven Membership Agreement (Canada)
Last updated: March 18, 2019
This Membership Agreement (the “Agreement”) entered into between General Motors of Canada Company, carrying on business as Maven ("Maven" or “we” or “us” or “our”) and the individual accepting this Agreement (“you” or “your”), is effective on the date of your acceptance, and provides the terms of your participation in the Maven car-sharing service (the “Program”). By clicking to accept this Agreement, you agree to be bound by its terms. The following is an outline summarizing the terms of this Agreement with detailed terms of this Agreement following the outline:
Summary of Terms and Conditions
(Detailed Terms and Conditions Prevail)
· You will use the Vehicle (as defined below) in a safe manner in compliance with all laws, and in compliance with this Agreement, including the Rules of Use;
· You will maintain a valid and acceptable driver’s licence at all times while participating in the Program;
· You will not permit non-members to use the Vehicle that is rented by you and you will be financially responsible if other members use the Vehicle that is reserved by you;
· You consent to a driver’s license check in order to verify your eligibility to participate in the Program prior to and from time to time during your participation;
· You will not drive the Vehicle outside Canada;
· We will charge Fees (described in the Agreement) and any other amounts you owe under the Program to the payment method you provide;
· Your estimated reservation costs will be presented to you before you confirm your reservation;
· You must cancel any reservation at least 24 hours prior to the start of a Trip or you will still be charged for the Trip;
· Connected vehicle services (such as OnStar) are active in the Vehicle, and are governed by the User Terms for Connected Vehicle Services and Privacy Statement;
· To the extent permitted by applicable law, the Vehicle maintains an active wireless communication network and Global Positioning System connection. You consent to this connection, and to our collection, use, and sharing of data describing the Vehicle and how you are operating the Vehicle, including data describing Vehicle location, and heading, as described in our Privacy Statement;
· If required under applicable law, you consent to our access of the Vehicle software and data in order to issue updates to the software and data;
· We have obtained liability insurance with respect to the use and operation of our Vehicles, in compliance with this Agreement, by members of the Program. The limits of this insurance are in accordance with the minimum limits required under applicable law. You are liable for any claims in excess of the insurance limits, or for claims that are not insured. You are liable to indemnify and hold us and Supplier harmless in respect of any claim or damage to which this insurance does not respond. Additional liability insurance may be available to you under your own insurance policy or for purchase in respect of the use and operation of vehicles that you do not own. Talk to an insurance broker for information about this and your personal needs.
· You are responsible for any damage to the Vehicle not reported prior to your Trip and any damage during your Trip. You agree to indemnify and hold us and Supplier harmless in respect of all such damage. We may recover from you by charging the payment method you provided. However, if you were at all times acting in compliance with the terms and conditions of this Agreement, including the Rules of Use, you will only be required to indemnify and hold us and Supplier harmless for up to $750 in damage.
· To the extent permitted by applicable law, we may update, modify or amend any of the terms of this Agreement from time to time during your participation by posting the updates on our website http://www.drivemaven.ca or www.maven.com or by notifying you of such updates in some other manner that is likely to come to your attention. Your continued participation in the Program will be deemed your acceptance of such updates to the Agreement. If you do not agree with any update, you may cancel your participation in the Program at any time by providing notice to us by calling 1-844-HIMAVEN (1-844-446-2836) or as otherwise provided in this Agreement; and
· You have read and understand this Agreement, including the Rules of Use.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES, THIS AGREEMENT OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 8.9 BELOW.
Detailed Terms and Conditions
App or Maven App means the application, authorized by us, for use on a supported device (e.g. an Android or iOS device) to manage Vehicle reservations in the Program.
Designated Space means a parking space located at a Station with a Maven sign and visible on the Maven App.
Fees means membership fees, usage fees, mileage fees, low fuel fees, cleaning fees, violation processing fees, late fees and any other fees you may be responsible for under this Agreement.
Maven Member Services is a team of dedicated Maven representatives that can assist in answering members’ questions and concerns. They can be reached at 1-844-HIMAVEN (1-844-446-2836).
Station means the parking facility, lot or street location which provides Designated Spaces for Vehicle pick-up or drop-off.
Supplier means the owner of the Vehicle as identified on the insurance document found in the glove box compartment of the Vehicle, including directors, officers, shareholders, employees and agents of Supplier.
Trip means the use of a Vehicle associated with your account from the beginning of a reservation until the reservation ends by parking in a Designated Space and activating the End Trip button in the App.
Vehicle means any one of the vehicles in the Maven fleet rented by you under the terms and conditions of this Agreement.
1. Basic Terms
1.1 We are making the Vehicles available for reservation through the Program subject to the terms and conditions of this Agreement.
You may reserve a Vehicle for usage on an
hourly basis or a daily basis.
1.3 We may add or remove Vehicles to or from the Program at any time in our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to reserve and/or use any Vehicle is subject to Vehicle availability, your continued eligibility, and to the terms and conditions of this Agreement.
1.4 We will activate connected vehicle services (such as, OnStar) or require other direct wireless communication network and/or Global Positioning System connections to the Vehicle, in order to contact the Vehicle directly to facilitate your use of the Vehicle, in case of an emergency or for other business reasons as set out in the Privacy Statement.
1.5 The Vehicle will be equipped with connected vehicle services (such as OnStar) and, in addition to the terms of this Agreement, you accept and agree to the User Terms for Connected Vehicle Services (the “Connected Vehicle User Terms”) posted at https://www.onstar.com/ca/en/footer-links/terms-conditions.html, which may be amended, modified or updated from time to time, including the service limitations, that apply when you access or use such services. For more information on connected vehicle services, you can visit www.onstar.ca.
1.6 Member Access; Booking a Reservation, Starting and Ending a Trip
a) The Maven App access to the reservation system will occur following the approval of your enrollment. Once your membership has been approved, you can use your login credentials to access the App and reserve Vehicles.
b) The Maven App allows authorized members to gain access to the Vehicles during the time of their reservation. When you book a reservation, you are required to select a start time for your reservation, a pick-up Station, a class of Vehicle, and the end time of your reservation.
c) When you book a reservation, we will pre-authorize a charge to your payment method in an amount of $75, or your estimated total usage fees, whichever is greater, (the “Pre-Authorization Charge”). If your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled.
(i) If you book the reservation within 24 hours of the start of your Trip, we will pre-authorize your payment method immediately when you complete the booking.
(ii) If you book the reservation 24 hours or more before the start of your Trip, we will pre-authorize your payment method 24 hours before the start of your Trip.
d) You can cancel your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel your reservation within a 24-hour window of the reservation start time, you will be charged the full estimated usage fees for the Trip at the end of your scheduled reservation end time.
e) When you end your reservation through the Maven App, we will charge your payment method for the full amount of your usage fees. If you do not start your reservation (meaning that you are a “no-show” for your reservation), we will charge your payment method for the full estimated usage fees for the Trip at the end of your scheduled reservation end time.
f) Just before your reservation start time, you will receive a message indicating that you can begin your Trip. Access to the Vehicle will be given once you begin your reservation and the App on your mobile device will act as the key to the Vehicle. You must have the mobile device you used to create the reservation inside the Vehicle to drive. You will lock and unlock the Vehicle using the App. Your mobile device must be powered and fully functioning (including wireless connectively such as Bluetooth, internet/data and location services/GPS) in order to access and start the Vehicle and to start and end your Trip.
g) You must park the Vehicle in a Designated Space within the Station that you selected when you booked your reservation, or that you updated after booking your reservation. You will not be able to end your Trip if you are not in a Designated Space in the Station you chose to end your Trip that you selected when you booked your reservation. You will continue to incur fees until you update your reservation (if possible) or return the Vehicle to a Designated Space at your designated Station and end the Trip.
All Fees, plus applicable taxes, will be charged to the payment method you have provided. All fees are non-refundable, unless expressly authorized by us, and apply unless restricted or prohibited by law.
a) Usage Fees. You agree to pay us usage fees per the then current usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees and surcharges that are incurred in connection with your Trip.
b) Late Fees. If you return the Vehicle later than the end reservation time a $50 late fee plus applicable taxes per hour will be charged to you in addition to the usage rate of the Vehicle and any other applicable Fees, unless you have reported the Vehicle as stolen. Members must click “End Trip” in the Maven App upon returning the Vehicle. Failure to do so may result in late fees. Subject to Vehicle availability, you may be able to extend your reservation end time to avoid a late fee by using the Maven App. You will be charged for the additional time if you choose to extend your reservation.
c) Mileage Fees. You will have a 288 kilometre maximum driving distance per 24 hour period per reservation from the original Designated Space. For Trips driven above 288 kilometres per 24 hour period, you agree to pay $0.34 per kilometre plus applicable taxes.
d) Low Fuel Fees. The Vehicle must be returned with at least ¼ tank of gas. A $40 fee plus applicable taxes will be charged to you if you returned the Vehicle at the end of your Trip with below a ¼ tank of gas. If your Vehicle is a Chevrolet BOLT EV, it must be returned with at least a 50% battery charge or you will be charged a $50 fee plus applicable taxes.
If a fuel card is not returned with the Vehicle at the end of your Trip, you will be charged $50 plus applicable taxes. If you have reserved a Chevrolet BOLT EV Vehicle, you may be provided with an EVgo electric charging card. If you lose that card, you will be charged $5 plus applicable taxes. The BOLT EV Vehicle also comes with an electric charging cord, and if it is damaged or lost, you will be charged a $525 replacement fee plus applicable taxes.
e) Reservation Changes. You can cancel or change your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel or change your reservation within a 24-hour window of the reservation, you will be charged the full amount of the reservation as set out above. Subject to Vehicle availability, you may be able to extend your reservation end time by using the Maven App. You will be charged for the additional time if you choose to extend your reservation.
f) Tickets/Violations Fee. You are responsible for timely responding to and paying any traffic, moving or parking violations, citations, fines or other penalties incurred by reason of your use of the Vehicle. You will be responsible for all fines, forfeitures and penalties incurred by reason of your use of the Vehicle. If we receive a notice and process a violation, you will be charged the amount of the ticket fee as well as a $35 processing fee plus applicable taxes. Where permitted by applicable law, You also authorize us to provide your personal and payment method information to the charging authorities for the purpose of processing a violation.
g) Tolls. You will be responsible for any tolls incurred while using the Vehicle, even if your Vehicle is equipped with a toll pass or transponder.
h) Cleaning Fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (ex. odour or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees.
i) Lost Keys. If you have been given keys to the Vehicle for purposes of having the Vehicle valet parked, you will be charged the actual cost of key replacement up to $250 if those keys are not returned at the end of the Trip.
j) Unauthorized Driver Fee. In addition to other rights and remedies we may have in this Agreement for use of a Vehicle by any person, you agree to pay us a fee of $500 plus applicable taxes if you allow any person to drive a Vehicle, unless such person is a member who is authorized under the Program. As the reservation holder, you remain responsible for all Fees and for any damages that occur during the Trip.
k) Other Violations. In addition to other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of this Agreement, including Rules of Use if such violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-fueling, etc.)
l) Payment Method. Other than the Pre-Authorized Charge and usage fees which will be charged to you as described above, we will charge your payment method for all Fees as they are incurred by you monthly (retroactively for the previous month). Your payment method will also be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You must keep all information about your payment method we have on file current. You may cancel the use of your payment method on file by terminating your participation in the Program and providing notice to us by calling 1-844-HIMAVEN (1-844-446-2836). You remain responsible for any Fees or damages incurred prior to you termination. You will receive an email receipt with the breakdown for each Trip of charges that have been applied to your payment method.
m) Refund Policy.
(i) Except for timely cancellations as provided above in the Basic Terms section, we do not provide refunds of the Pre-Authorized Charge or any other Fees. If you believe you have been charged in error, please call 1-844-HIMAVEN (1-844-446-2836) Requests will be reviewed within five (5) business days.
(ii) No portion of any applicable membership fee shall be refunded, unless determined otherwise in our sole discretion.
(iii) If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours. If your reserved Vehicle is returned and your usage fees are less than the amount of the Pre-Authorized Charge, we will return the difference to your payment method.
n) Billing. If a payment card charge is declined or reversed by your payment card issuer (either for a Pre-Authorized Charge or incurred Fees or charges), we may suspend or terminate your membership effective immediately. We reserve the right to assign a delinquent member account to a third party collection agency.
3. Your Responsibilities.
You agree that you are solely responsible for:
a) Complying with all applicable laws, regulations, local by-laws and the Program Rules of Use (see below), which are part of this Agreement;
b) Any loss of, or damage to, goods and personal belongings in or on the Vehicle whether owned by you or third parties. Neither we nor Supplier take responsibility for any such loss or damage, nor do we or Supplier represent or warrant that the security features on the Vehicle are suitable for preventing any such loss or damage;
c) Any traffic, moving or parking violation citations, fines or other penalties incurred by reason of use of the Vehicle. Without limiting or altering any insurance or indemnification obligations contained in this Agreement, you will fully cooperate with us and Supplier in the defense of any claims or lawsuits related to your use or possession of the Vehicle. You shall be responsible for all fines, forfeitures and penalties incurred by reason of the use or possession of the Vehicle;
d) Notifying us of any concerns or incidents involving the Vehicle by calling (844) 446-2836 or by pressing the OnStar button in the Vehicle which will allow you to speak with an OnStar advisor, as well as immediately notifying General Motors of a potential safety defect in the Vehicle by calling (877) 866-7776;
e) Complying with the following incident / accident procedures:
For EMERGENCY situations, you may press the red OnStar
button for assistance or call 911.
f) Keeping your personal information, including payment information, up-to-date in all respects at all times within your Maven account. We may validate such updated information to verify your continued membership. We will in no way be responsible or liable for any fines, damages, penalties or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information;
g) Returning the Vehicle to the proper Station when your reservation ends. To the extent permitted by law, we may repossess a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement; and
h) Keeping your Program log-in, password and other security information strictly confidential, and maintaining all reasonable security measures to restrict unauthorized access to the Maven App on your mobile device. You are liable for all reservations made using your account, whether authorized by you or not. If you suspect unauthorized activity using your account, you must immediately change your password and other security information, and contact us.
4.1 You represent and warrant that you are eligible to participate in the Program by meeting the following eligibility requirements:
a) You possess a valid full “G” driver’s licence which is not probationary (G1 licences are unacceptable), expired, modified, suspended, revoked or restricted (except for corrective lens) in any way and will present it to Maven upon reasonable request for proof. If you possess a non-Canadian driver’s license, it must be valid and acceptable for use in the Station’s Province;
b) You are at least the age of majority in your province of residence;
c) You have not been convicted, pled guilty or no contest, in the last 5 years of any of the following motor vehicle offenses:
(i) Driving while driver’s licence is disqualified, restricted (except for corrective lenses), expired, suspended, revoked or denied;
(ii) Any criminal offence relating to the operation of a motor vehicle, including dangerous operation of a motor vehicle; causing death by criminal negligence; street racing;
(iii) Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing to provide a sample of bodily substances;
(iv) Failure to stop at the scene of an accident (includes leaving the scene of a crash; hit and run; giving false information to an officer);
(v) Eluding or attempting to elude a peace officer;
(vi) Any traffic violations resulting in death or serious injury; or
(vii) Any other significant federal or provincial charge leading to the disqualification, restriction, revocation or suspension of your licence; and
d) Additionally, if you are between the age of majority and 18, you have not been convicted of, or pled guilty or no contest, in the past 1 year to any other federal or provincial laws regulating the use or operation of a motor vehicle or licensing requirements.
4.2 You consent to and authorize us and our affiliates, to the extent permitted by applicable law, to perform or have performed a driver’s license check of you and of your driving history and/or driving record.
4.3 You will immediately notify the Maven Customer Service in the event your driver’s licence expires or is in any way modified, disqualified, suspended, restricted, or revoked or if you otherwise no longer meet an eligibility requirement.
4.4 You understand and agree that, in the event we receive any notifications of a breach of any federal or provincial laws allegedly committed with a Vehicle, we will be entitled to provide complete and accurate data (including full name, driver’s licence, date of birth, address) of the driver who operated the Vehicle at the time of the alleged violation to the respective government authority.
4.5 We reserve the right to suspend or remove you from the Program for any reason in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
5. Collection, Use, and Sharing of Information
5.1 In order to provide Maven services to you, we will collect, use, and share certain information about you (including information that you have provided to us), your use of the Vehicle, and the connected vehicle services (such as OnStar) equipped in the Vehicle. You consent to our collection, use, and sharing of this information as described within the Maven Privacy Statement available at www.drivemaven.ca or www.maven.com (“Privacy Statement”), which incorporates the Connected Vehicle Services Privacy Statement posted at https://www.onstar.com/ca/en/footer-links/privacy-policy.html.
5.2 All Vehicles are equipped with connected vehicle services. We will actively collect information related to your use of the Vehicle through these OnStar services. This information includes, but is not limited to: Vehicle location data, Vehicle make/model/trim, performance data, Vehicle speed, acceleration, hard braking, collision information, time of use, ignition on/off status, odometer, oil life remaining, tire pressure, high/low impact events, and use of individual OnStar services. Any violation of this Agreement, including the Rules of Use, confirmed by such information may result in the termination of your participation in the Program.
5.3 We will also collect information from the mobile device through which you are using the Maven services, such as device location, in order to provide Maven services to you and to enable certain OnStar services, such as remote door lock/unlock.
6. Insurance; Indemnification; Limitation of Liability; Personal Property
6.1 Insurance; Indemnification; Hold Harmless.
a) Automobile Liability Insurance: We have obtained liability insurance with respect to the use and operation of our Vehicles, in compliance with this Agreement, by members of the Program. The limits of this insurance are in accordance with the minimum limits required under applicable law. You are liable for any claims in excess of the insurance limits, or for claims that are not insured. You are liable to indemnify and hold us and Supplier harmless in respect of any claim or damage to which this insurance does not respond. Additional liability insurance may be available to you under your own insurance policy or for purchase in respect of the use and operation of vehicles that you do not own. Talk to an insurance broker for information about this and your personal needs.
b) Property Damage to the Vehicle: You are responsible for any damage to the Vehicle not reported prior to your Trip and any damage during your Trip. You agree to indemnify and hold us and Supplier harmless in respect of all such damage. We may recover from you by charging the payment method you provided. However, if you were at all times acting in compliance with the terms and conditions of this Agreement, including the Rules of Use, you will only be required to indemnify and hold us and Supplier harmless for up to $1,000 in damage.
6.2 Personal Property: Neither we nor Supplier are responsible for loss of or damage to your or any other occupant’s personal property left in the Vehicle.
6.3 Limitation of Liability: To the extent permitted by applicable law, neither we (including our directors, officers, shareholders, employees and agents) nor Supplier are liable to you for any indirect, incidental, special, punitive or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in the Program or the use of the Vehicle, including if a Vehicle is not available for your use at the start time of your reservation.
7. Term and Termination
7.1 Term. This Agreement becomes effective upon your acceptance and terminates as set out in this Agreement.
7.2 Termination. We and/or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination, as set out in Section 8.4 below. We are not liable to you for terminating this Agreement or the discontinuance of your participation in the Program. Termination makes you ineligible to reserve and utilize any of the Vehicles. You will remain responsible for all Fees, including account balances, and any damages and penalties incurred in respect of all reservations occurring prior to termination, including Fees and charges we become aware of after the date of termination. You will only be able to obtain refunds for membership fees pursuant to your rights under applicable law or pursuant to our discretion.
7.3 Suspension. We may suspend your membership in our sole discretion.
8.1 Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without the consent of us will be void and of no force and effect. We reserve the right to assign or transfer this Agreement in our sole discretion.
8.2 Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, without reference to conflict of laws principles.
8.3 Waiver; Severability. If any one or more of the provisions contained in this Agreement or any document executed in connection herewith is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect under any applicable law, (i) unless otherwise provided under applicable law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term or provision.
Failure or delay on the part of us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof.
8.4 Notice. To terminate your membership, you may provide notice to us by calling us at 1-844-HIMAVEN (1-844-446-2836). We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-App messaging.
All legal notices given by you to us, other than the notice of termination above, must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third Business Day after mailing.
Maven Drive LLC c/o Executive Director
GM Global Technical Centre
29360 William Durant Blvd.Engineering Center South Floor 1
Warren, Michigan 48092-2025
With a copy to:
Maven Drive LLC Legal
300 Renaissance Center
Detroit, MI 48265-3000
8.5 Modification of Terms. We may amend, update, delete, modify or replace (collectively, “Update”) any or all of the terms of this Agreement at any time by posting updates at www.drivemaven.ca or www.maven.com or by notifying you of such updates in some other manner that is likely to come to your attention. Unless required by applicable law or otherwise stated by us, such Updates shall be effective immediately. If you do not agree to such Updates, you may terminate this Agreement at any time, as set out in Section 7.2. If you do not terminate this Agreement, you will be deemed to accept the Updates and be bound by the Agreement as Updated.
8.6 No Third Party Beneficiaries. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and us and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
8.7 Conflict of Terms. Any conflict between this Agreement and the OnStar User Terms will be resolved in favor of this Agreement.
8.8 Other Rights. Some jurisdictions do not allow exclusions or limitations of incidental or consequential damages, so such exclusions and limitations in this Agreement may not apply to you. You may have additional rights that vary from jurisdiction to jurisdiction.
8.8 Survival. Any terms of this Agreement which, expressly or by their nature, survive termination shall continue in force notwithstanding termination, until they are satisfied or, by their nature, expire. Without limiting the generality of the foregoing, the provisions of this Agreement dealing with insurance, indemnities, limitations of liability, disputes and dispute resolution, class action and jury trial waiver, and personal property will survive the expiration or earlier termination of this Agreement.
8.9 DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER;
(A) Our customer service department is available to address any concerns you may have regarding the Program. You may call us at (844) 446-2836 or send us regular mail at the address listed above.
(B) ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF, RELATING TO OR IN RESPECT OF THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A "CLAIM"), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 8.9(E) BELOW, SHALL BE FINALLY SETTLED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE SEAT OF THE ARBITRATION SHALL BE IN THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN THIS AGREEMENT). THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(C) ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 8.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
(D) THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
(E) SECTIONS 8.9(B) THROUGH 8.9(D) DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
(F) IF THIS SECTION 8.9 IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE CAPITAL CITY OF THE PROVINCE WHOSE LAWS GOVERN THIS AGREEMENT (AS SET OUT IN THIS AGREEMENT).
RULES OF USE
The following is a list of the Program’s Rules of Use. Please note that there are other Fees and terms and conditions in the remainder of the Agreement.
1. Reserving a Vehicle. You must make a reservation using the App that you download on an Android or iOS device. You have the right to modify or cancel any reservation up to 24 hours before the reservation start time, however, you will be charged for the original reservation fee if you cancel the reservation within 24 hours of the reservation start time or if you are a “no show” for your reservation. Maximum reservation length is 28 days.
2. Personal Use Only. The Vehicle is to be used for your personal use only and may not be used for hire or any other for-profit purpose.
3. No Unauthorized Drivers. You understand that only you are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle unless such person is a member who is authorized under the Program. As the reservation holder, you remain responsible for all Fees and for any damages that occur during the Trip. In addition to other rights of recourse we may have and to the extent permitted by applicable law, you agree to pay to us an authorized driver fee as provided in this Agreement.
4. Fuel. Fuel for the Vehicle is included in your usage fees up to a maximum of 100 litres per 24 hour period (up to a maximum of $60 (inclusive of applicable taxes) per calendar day) per reservation from the original Designated Space. Our intention is to make each Vehicle available to you with at least ¼ tank of fuel. If you need fuel while out with the Vehicle there is a fuel card in the Vehicle that is accepted at gas stations as described on the card or otherwise in the Vehicle or Maven App. Fuel cards may only be used for the Vehicle you have reserved. You are required to return the Vehicle with at least ¼ tank of fuel or you will be charged a low fuel fee as provided in this Agreement.
5. Pick Up and Return Location. At the start of your Trip, you may pick up the Vehicle from a Designated Space at the Station you have chosen within the App (though we are not responsible if the person who has the Vehicle before you does not return it on time for your start time). You must also return the Vehicle to a Designated Space at the Station that you have chosen within the App. Members must park in a Designated Space at the end of a Trip. We reserve the right to charge you for not returning the Vehicle to a Designated Space to the payment method you provided on file. Fees may vary and are directly associated with costs incurred by Maven for a Vehicle not being in the correct Station at the end of the Trip (e.g. towing, parking tickets, etc.).
6. Parking. While on a Trip, you may park in any legal parking space. Members are responsible for any and all parking fees and fines or tickets that may result from parking other than in a legal parking space and paying any related meter charges (if applicable). We reserve the right to charge any unpaid parking ticket fees to the payment method you provided on file as provided in this Agreement.
7. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition. We reserve the right to charge cleaning fee as provided in this Agreement.
8. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
9. Use Area. The Vehicle must not be driven or otherwise taken outside of Canada.
10. No Smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle.
11. Animals or pets. You may take a pet in the Vehicle but only if it is kept in a locked pet carrier. Licensed service animals are allowed in the Vehicle at any time without a carrier.
12. No Servicing Vehicle. You must not perform or take the Vehicle in for repair or any service under any circumstances; the Vehicle can only be warranty repaired or serviced by us.
13. No Operation While Impaired. You must never drive the Vehicle while impaired, including impairment by alcohol, drugs, medication, illness, fatigue, or injury.
14. No Alcohol or Illegal Drugs. You agree not to use any illegal drugs or alcohol prior to or while driving the Vehicle and understand that we have a zero tolerance policy for being under the influence of or drinking alcohol or taking illegal drugs when using the Vehicle.
15. Use of Safety Restraints. You will ensure the proper use of safety belts and child safety restraints for all occupants. You will not permit anyone under 13 years of age to ride in the front seat of the Vehicle.
16. Obey All Traffic Laws. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all laws addressing distracted driver restrictions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
17. No Hand-Held Device Use. You understand that use of hand-held communication devices is prohibited except in cases of emergency. The Vehicle must be brought to a safe stop or safe location if call or text must be placed or received. You understand that use of radar/laser detection devices is prohibited.
18. Safe Driving. You must not operate the Vehicle in a test, race or contest or off road. You must not travel on roads that have been closed due to inclement weather or other reasons. You will not engage in aggressive or unsafe driving, including speeding, sudden acceleration, hard turning and excessive hard braking.
19. No Transport of Dangerous Items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous or otherwise dangerous goods.
20. Securing Vehicle. You understand that when the Vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably, safe and secure location.
21. No Modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the Vehicle.
22. No Improper Use of Vehicle. You must not use the Vehicle in connection with an offence or other crime or any other illegal purpose whatsoever.
23. No Unsafe Loads. You must not transport any items on top of the Vehicle (including the roof, hood or trunk). You also must not transport any items that cannot fit within the trunk or hatchback area of the Vehicle with the trunk lid or hatchback closed and latched.