Terms and conditions of use

Effective December 12th, 2022

Updated September 22nd, 2023

1. Acceptance of Terms of Use

Welcome to Covoiturage ARTM, which provides you with its carpooling services on a mobile application or via a website. You must first agree to comply with these Terms and conditions of use (hereinafter, the "Terms of use") that Covoiturage ARTM is free to modify at any time without having to inform you. Additionally, the use of Covoiturage ARTM is subject to rules or guidelines, or to other specific terms and conditions, displayed on our site, if applicable, and incorporated by reference into the Terms of use. All such rules and guidelines are an integral part of these Terms of Use.

2. Description of service

Covoiturage ARTM provides its users with a mobile platform and a website (Covoiturage ARTM) for matching drivers and passengers who want to carpool on ARTM territory, the “Service”.

The "driver" or "passenger" registration with Covoiturage ARTM allows you to announce departures and reserve places in the departures of your choice, thus joining the entire community of subscribers. For drivers, a maximum of two (2) trips per day is authorized in accordance with the “Act respecting remunerated passenger transportation by automobile”.

Trip matching: trip matching is done via the Covoiturage ARTM. This will provide information related to the trip, such as:

  • meeting place details,
  • the identity of the driver and
  • details of the car used (model, color, registration).

Consequently, the driver will also be able to know the identity of the passenger by communicating with him through Covoiturage ARTM or by consulting his user account on Covoiturage ARTM. The telephone numbers and emails of the users put in contact remain strictly confidential unless expressly agreed otherwise by the users concerned.

Any new feature that improves or augments one or more existing services will be subject to these Terms of Service.

3. Obligation to register

By using the Service, you agree to:

  1. Provide true, accurate, current and complete information about yourself as requested in the Service registration form (the "Registration Data") and
  2. Maintain and promptly update the Registration Data so that it remains true, accurate, current and complete.

If you provide false, inaccurate, outdated or incomplete information, or if Covoiturage ARTM has reason to believe that such is the case, it will then have the right to suspend or terminate your account and to prohibit you from any current or future access all or part of the service.

Covoiturage ARTM cares about respecting the security and privacy of its users, and especially minors. This is why Covoiturage ARTM imposes a minimum age of 16 to register as a passenger. Drivers, meanwhile, are required to hold a valid class 5 driver's license, excluding the learner's license.

4. Protection of privacy

Registration data and certain other information about you are subject to the provisions of Covoiturage ARTM’s Privacy Statement “Statement”. The Statement specifies in particular that you consent to the disclosure by Covoiturage ARTM of the following personal information when contacting carpoolers from the same departure (First name, Photo, Carpooling preferences (e.g.: smoker/non -smoker, pets/no pets, music/no music) Gender, Car (make, year, model, color, photo) The ARTM will not be able to disclose this information without your prior authorization to put you in contact and your driver or passengers, as stipulated in the service description.

It is understood that by your use of the service, you consent to the collection, use and disclosure of information about you, but only to the extent authorized by the Statement, in particular with regard to their transfer to Canada or in other countries for the purposes of storage, processing and use by Covoiturage ARTM and carpoolers in the context of providing the service for your use.

The Covoiturage ARTM username associated with your account is the property of Covoiturage ARTM and does not constitute personal information about you.

5. User Account, Password and Security

During the registration for Covoiturage ARTM, you will be asked to choose a password and a Covoiturage ARTM username. It is understood that you are solely responsible for maintaining the confidentiality of your account and your password and for any action that may be performed under your account and with your password. You agree to immediately inform Covoiturage ARTM of any unauthorized use of your account or your password or any breach of security. Covoiturage ARTM cannot be held liable for any loss or damage attributable to a breach of the obligations of this article 5.

6. Driver behavior

Any breach of the Terms and Conditions by drivers may potentially result in your account being suspended or deleted. As a driver registered with Covoiturage ARTM, it is your responsibility to:

  1. Provide complete and accurate information in your departure announcements, taking particular care to set a clearly identifiable meeting point for your passengers;
  2. Fully respect the indications provided in your departure announcements concerning second-hand smoke, whether or not there is music and the acceptance of animals on board, for which you can legitimately refuse access to your vehicle to a passenger;
  3. Be punctual and arrive at the meeting point at least 5 minutes before the scheduled meeting time;
  4. Notify any cancellation of a departure and/or changes to a departure, at least four (4) hours before the scheduled meeting time. Any spontaneous cancellation without reasonable cause may potentially result with the suspension of the privilege to use the service;
  5. Wait 15 minutes before leaving the agreed meeting place if one of your passengers is late. Try to reach them through communications within the application. Report any absence to Covoiturage ARTM customer service via the Contact Us page in the application;
  6. Ensure that the names of the passengers who board your vehicle correspond to those sent to you via the Covoiturage ARTM platform;
  7. Ensure that your passengers get out of your vehicle in a safe manner and in a place free from any danger;
  8. Comply at all times with the Highway Safety Code, any applicable law and any signage regarding carpooling;
  9. Maintain your vehicle in good mechanical condition and check its correct operation before each departure;
  10. Take out auto insurance for you and your passengers (most liability insurance covers the transportation of passengers) and notify your insurer, if required by your insurer;
  11. Provide a maximum of 2 passenger seats in the back of a conventional vehicle (5-seater vehicle), even if this does not correspond to the maximum capacity of the car;
  12. Transport a maximum of 3 passengers who pay for the trip, regardless of the maximum capacity of the car;
  13. Demonstrate respect in your interactions with other carpoolers and inform Covoiturage ARTM of any deviation from good citizenship or the aforementioned rules of conduct;
  14. Do not advertise departures for anyone other than yourself from your account;
  15. Report to Covoiturage ARTM any breach of the conditions of use of the service by another user of the service, in which case only the administrators may, at their sole discretion, impose restrictions or take any other decision towards the offending users.
  16. Ensure that, for a given trip, the contribution offered by each passenger does not exceed the kilometer rates established by Covoiturage ARTM. Otherwise, you are aware that your use of the service violates the terms established by Covoiturage ARTM.

7. Passenger behavior

Any violation of the Terms and conditions by passengers may potentially result in the suspension of your account or the deletion of it. As a passenger registered with Covoiturage ARTM, it is your responsibility to:

  1. Be punctual and arrive at least 5 minutes before the scheduled meeting time with your driver;
  2. Become aware of and comply with your driver's preferences regarding second-hand smoke, whether or not music is present, the acceptance of animals, failing which your driver may legitimately refuse you access to his vehicle;
  3. Notify Carpooling ARTM of any reservation cancellation and/or change to the reservation four (4) hours before the scheduled meeting time (any spontaneous cancellation may potentially result in a suspension of the privilege of use of the service);
  4. Wait 15 minutes before leaving the agreed meeting place if your driver is late. Attempt to reach your driver through in-app communications. Report any absence to Covoiturage ARTM;
  5. Make sure that the name of your driver and that the model, color and registration of the car used correspond to the information sent to you on the ARTM Carpooling platform;
  6. Comply with applicable road safety and carpooling laws;
  7. Demonstrate respect in your interactions with other carpoolers and inform Covoiturage ARTM of any breach of good citizenship or the aforementioned rules of conduct;
  8. Do not reserve passenger seats for a person other than yourself from your account, unless you accompany this same person in carpooling;
  9. Report to the administrators any violation of the terms of use of the service by another user of the service.

8. Payment

By registering for Covoiturage ARTM as a passenger, you consent to payments being taken by Covoiturage ARTM from your credit card, at a rate of twelve cents ($0.12) per kilometer travelled, calculated from the starting point of your driver to his point of arrival by the Carpooling ARTM application, for each use of the service as a passenger.

The rate of twelve cents ($0.12) per kilometer traveled is broken down as follows:

  • 10 cents ($0.10) per kilometer for the driver;
  • 2 cents ($0.02) per kilometer for the ARTM to finance the service offered by Covoiturage ARTM.

These fees do not include taxes or platform fees that will be presented to you before any payment is accepted.

9. Cancellations

In order to allow the best experience for all carpoolers and to offer a quality experience, it is important that carpoolers are diligent. Penalties may apply if they cancel their trip less than four (4) hours before a trip or if they do not show up at the meeting point. We remind you that any spontaneous trip cancellation can cause significant problems for the driver or the passenger(s) with whom this trip is shared.

All cancellations must be made through your profile within Covoiturage ARTM.

  1. Drivers:
    1. Covoiturage ARTM reserves the right to suspend your access to the service from the third (3) cancellation in the same calendar year (cancellations less than four (4) hours before the start of a trip).
    2. If the driver cancels the journey, the passenger is reimbursed the full amount of his contribution.
    3. If your passenger cancels their trip with four (4) hours or less notice, you will be refunded the value of the ride that was owed to you.
  2. Passengers:
    1. Covoiturage ARTM reserves the right to suspend your access to the service from the third cancellation in the same calendar year (cancellations within four (4) hours of the start of a trip).
    2. If your driver contribution was pre-authorized on your credit card:
      1. If the passenger's cancellation takes place less than four (4) hours before the scheduled departure time or if the passenger does not show up at the meeting place, the driver retains 100% of the amount of his contribution.
      2. If the driver cancels the trip, the passenger is reimbursed the full amount of his contribution.

You agree that Covoiturage ARTM may, at its sole discretion and exceptionally, cancel the compensation of the amount of contribution to the driver for a cancellation that is made by text message and not by canceling his trip in the application.

  1. The platform fee is a separate fee and is not included in refunds involving cancellation.

10. User behavior

By subscribing to Covoiturage ARTM, you specifically refrain from:

  1. Upload, post, e-mail or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist or otherwise objectionable or unlawful;
  2. Usurping the name of a person or entity, in particular that of an official representative of the ARTM or of a host, moderator or discussion forum hosting service, or falsely stating your affiliation with such person or entity;
  3. Forge headers or otherwise manipulate the identifier so as to disguise the origin of content transmitted through the service;
  4. Upload, post, email or otherwise make available any content that you do not have the right to post under any law or contractual commitments (including inside, proprietary and confidential information);
  5. Upload, post, e-mail or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right (“Rights”) of any third party;
  6. Upload, post, email or otherwise make available any unsolicited or unauthorized advertisements, promotional materials, spam, chain letters or pyramid schemes, or any other form of unlawful solicitation;
  7. Upload, post, e-mail or otherwise make available any material infected with a computer virus or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications apparatus;
  8. Interfere with or disrupt the Service or servers or networks connected to the Service, or refuse to comply with any requirements, procedures, policies or regulations of networks connected to the Service;
  9. Violate, intentionally or not, any local, provincial, national or international law or regulation, as well as any other regulation having the force of law;
  10. Stalk or otherwise harass another user;
  11. Collect and store personal data about other users without their express permission or as part of the prohibited activities set out in points (1) to (11) above.

11. Limitation of Liability

It is understood that all user information, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the content originates. Therefore, you alone, and not Covoiturage ARTM, are entirely responsible for the content that you post, download, send by e-mail, transmit or make available. Covoiturage ARTM has no control over the content transmitted via the service and therefore does not guarantee its accuracy, integrity or quality. It is understood that by using the service, you may come across content that is offensive, indecent or questionable. Covoiturage ARTM can in no way be held responsible for the content, in particular for an error or omission affecting the content, nor for any loss or damage of any kind whatsoever resulting from the use of any content posted, transmitted by email or other means or otherwise made available through the Service.

You acknowledge that Covoiturage ARTM cannot view any content before it is broadcast. Nevertheless, Covoiturage ARTM and the persons it may designate reserve the right (without this constituting an obligation), at their sole discretion, to refuse or move any content available through the service. Furthermore, Covoiturage ARTM and the persons it may designate are entitled to delete or remove any content that violates the terms of use or is otherwise reprehensible. You also acknowledge that you must exercise good judgment when using the content and that you must assume all risks, including when relying on the accuracy, usefulness or completeness of such contents. Consequently, you acknowledge that you cannot trust either the content created by Covoiturage ARTM or the content submitted to it, in particular the information circulating by means of or the blog of the Covoiturage ARTM site.

You expressly acknowledge and agree that Covoiturage ARTM has a right of access to the information on your account and its content, that it ensures their preservation and that it may be required to disclose them to comply with the laws in force or if it believes in good faith that such action is necessary to:

  1. Comply with any law or legal process;
  2. Enforce the Terms of Service;
  3. Respond to complaints that the content violates the rights of third parties;
  4. Respond to your customer service requests; and
  5. Protect the rights, property, or safety of Covoiturage ARTM, its users, or the public.

It is understood that the technical processing and transmission of the Service and your content may require:

  1. Transmissions over various third-party networks for which Covoiturage ARTM cannot directly guarantee security; and
  2. Changes to comply and adapt to the technical requirements of the networks and equipment that connect to the service.

It is also understood that the service and the software that is integrated therein may include security elements to protect the digital material and that the use of this material is subject to the rules of use established by Covoiturage ARTM and/or the providers of content accessible through the service. You agree not to attempt to evade the aforementioned Terms of use of the service. Any unauthorized reproduction, publication, broadcast or public display of any part or all of the material accessible through the service is strictly prohibited.

12. Special conditions for drivers

Covoiturage ARTM attaches great importance to the history of criminal offenses and /or traffic offenses previously committed by drivers, particularly with respect to drink-driving. As such, please note that drivers whose blood alcohol level has previously exceeded the limit permitted by the highway safety code cannot participate in the service for the entire period when the law requires you to only drive vehicles equipped with an alcohol ignition interlock device.

13. Contributions to Covoiturage ARTM

By submitting your ideas, suggestions, documents and/or proposals (your "contributions") to Covoiturage ARTM through its web pages or application provided for this purpose, you acknowledge and agree that:

  1. Your contributions do not contain any confidential information or exclusive;
  2. Covoiturage ARTM assumes no obligation of confidentiality, express or implied, with respect to your contributions;
  3. Covoiturage ARTM has the right to use or disclose (or not to use or disclose) your contributions for any purpose, in any manner whatsoever and in any media worldwide;
  4. Carpooling ARTM may already have a project similar to your contributions under study or in development;
  5. Your contributions automatically become the property of Covoiturage ARTM without the latter having any obligation towards you; and
  6. You are not entitled under any circumstances to compensation or reimbursement of any kind whatsoever from Covoiturage ARTM.

14. Indemnification

You acknowledge and agree that Covoiturage ARTM does not investigate the criminal background and/or driving record of carpoolers, cannot and does not ensure their legal behavior and does not verify the accuracy or veracity of the information users submit. You assume full responsibility for ensuring your protection when you come into contact with other users of the service. Covoiturage ARTM cannot be held responsible for injuries, material or moral damages or losses of any kind occurring to you, to other carpoolers or to a third party, whether such damage is personal or material, direct or indirect, occurring in the use, due to the inability or improper use of the service, or resulting from information submitted or obtained by Covoiturage ARTM, by you or by other carpoolers. You agree not to hold Covoiturage ARTM liable for any claim, demand, injury or damage arising from a third party in the use or out of the use of the Service.

You agree to indemnify Covoiturage ARTM as well as its officers, employees, representatives, partners, other partners and licensors with respect to all claims or demands from third parties, attributable to the content you submit, post, transmit, or otherwise make available through the Service, or your use of, or connection to, the Service, or is attributable to your violation of the Terms of Service or any third-party rights.

15. Modification of service

Covoiturage ARTM reserves the right, at any time, to modify or discontinue temporarily or permanently all or part of the Service. Covoiturage ARTM disclaims all liability to you or to a third party with respect to any modification, suspension or interruption of service.

16. Termination and Recycling of Accounts

You agree that Covoiturage ARTM may, in its sole discretion, terminate all or part of your account, including your use of the service, and remove or eliminate any content accessible via the service, for any reason whatsoever, including:

  1. If you do not use your account,
  2. If Covoiturage ARTM believes that you have violated the terms of use or that you have acted in contravention of the letter or the spirit of these or other agreements or guidelines incorporated therein,
  3. At the request of a law enforcement or other government agency,
  4. At your request (deleting your account by yourself),
  5. Due to discontinuance of all or part of the Service or significant changes thereto,
  6. Due to unforeseen technical or security problems,
  7. To comply with legal proceedings,
  8. If you have engaged in illegal activities or if we believe ns that you have engaged in such activities, including fraud, and/or
  9. Due to the non-payment of fees owed by you in connection with the provision of the services.

Covoiturage ARTM may also, at any time and at its sole discretion, interrupt the provision of all or part of the service without having to inform you.

You agree that Covoiturage ARTM may terminate without notice your access to the service under any of the provisions of these terms of use and immediately deactivate or delete your account as well as all related content relating to your account or stored therein and/or prohibit you from further access to such content or the service. You also agree that Covoiturage ARTM declines all liability to you or to third parties with respect to the termination of your account or your access to the service.

Since the Covoiturage ARTM user codes are the property of Covoiturage ARTM, upon termination of your account, the user codes associated with your account may be used by other users of Covoiturage ARTM who could choose them as their user access code on Covoiturage ARTM.