Terms & Conditions

INTRODUCTION

Whether you are a Driver or Rider using the Scoot ridesharing mobile application and associated website (the “Scoot App”) and ridesharing marketplace and services (“Scoot Services”), these Terms and Conditions (these “Terms”) apply to you. These Terms are a legally binding agreement between you and Scoot TNC Inc. and its subsidiaries ("Scoot," "we," "us," or "our"), and they govern your access to and use of the entire Scoot Services.

By downloading, accessing, and using the Scoot App and Scoot Services, you expressly agree to have read and agree to abide by these Terms. If you do not agree with these Terms in whole, we are sorry, but your only option is to refrain from using the Scoot Services.

THE SCOOT SERVICES

The Scoot Services is a ridesharing platform that connects independent car owners (“Drivers”) and individuals who need rides (“Riders”). For the Scoot Services, the Drivers on the Scoot App are independent car owners who are not working directly with Scoot. Scoot itself does not provide any transportation services, nor does it hire the Drivers as direct employees. Scoot solely furnishes the Scoot App to facilitate ride-booking services between Drivers willing to provide services and Riders seeking to hire them.

Scoot holds no actual control, oversight, or active managerial involvement over real-time operations, safety protocols, route selection, or intervening in any manner with working patterns, schedules, logistic procedures, or assigned locations that participating Drivers choose to organize among themselves.

Scoot owns no equity or ownership rights over vehicles used by Drivers or journeys undertaken. Scoot maintains no employer-employee relationships with Drivers. As Scoot does not directly participate in Drivers’ operations, Scoot is not to be construed to operate as a transportation carrier, delivery aggregator, staffing agency, or contractual hiring entity. Scoot’s function remains limited to providing an automated pre-scheduling optimization app and intermediary payment settlement enhancements through the Scoot App.

By using the Scoot Services, you agree that all users (including Drivers and Riders) operate on their own terms and are not affiliated with Scoot.

ADDITIONAL INTEGRATED SERVICES

Extended App Utilities: Aside from connecting Riders and Drivers, the Scoot App may host authorized third-party providers to provide value-added services related to deliveries, digital goods sales, carpool rides, or foreign location-based transportation.

Third-Party Provider Terms: Users understand that the experience, pricing mechanisms, and operational accountability related to these additional services are governed by the terms posted by the third-party provider offering them. Scoot merely provides the resources that enable the provision of such services.

Authorized Payment Processing: If you choose to purchase additional services, you hereby authorize Scoot (through its third-party payment processor) to deduct the applicable amount from your payment method.

Limited Responsibility: Scoot does not have any control or liability regarding the administration, production, quality, or appropriateness of third-party services. Scoot essentially provides the Scoot App for these purposes. Your use of any additional services is done at your sole discretion.

Participation Consent: Participating in any additional services requires your agreement with the provider’s terms. We advise that you read the terms applicable to the additional services you want to purchase before doing so. The terms will be taken into consideration for disputes related to such services.

USER INTERACTION; NO VERIFICATION

Scoot conducts limited Driver and Rider verification and does not represent that it performs criminal background checks on any user. Scoot does not guarantee a Driver or Rider’s identity, background, qualifications, reliability, or credibility. Riders and Drivers release Scoot from all liability associated with any user’s records, actions, or misconduct.

Riders and Drivers retain full responsibility for any reliance upon the Scoot App or interactions and information exchanged through it. Scoot shall not bear liability for any acts or omissions undertaken by Riders and Drivers including decisions to offer/accept rides, routing choices, fees charged, or personal meetings.

The Scoot Services depend upon systems, including telecommunication networks and Global Positioning Satellites, subject to occasional failure, interference, environmental obstruction, dead zones, and errors causing interruptions, delays, omissions, inaccuracies, or unavailability. Scoot disclaims liability for any damages arising from technical limitations.

While Scoot strives to maintain a trusted community, Drivers accept inherent personal risks allowing Riders to enter their vehicles. Precautions like confirming the Rider’s identity and destination in advance are strongly advised. Drivers should contact authorities promptly if feeling unsafe with a ride in progress. However, Scoot cannot prevent, interfere with, monitor, or moderate problematic Rider conduct in real time during rides.

ELIGIBILITY

To ensure a safe and enjoyable experience for all users and to comply with the law, you must meet the following eligibility criteria to use the Scoot Services:

• You must be at least 18 years of age to request a ride or provide cab services on the Scoot App. If you are below 18 years of age, you may only use the Scoot Services at the direction of at least a parent or legal guardian.
• Your use of the Scoot App must be in accordance with all applicable laws.
• You must not be in breach of any applicable laws.
• You must be able to form a binding agreement such as these Terms.

If you are a Driver, in addition to the above, you must:

• Be an experienced driver.
• Possess a valid driver’s license issued by the appropriate authorities in Canada or other applicable locations.
• Have access to a well-maintained, registered, and insured vehicle that complies with local regulations and safety standards.

By using the Scoot App – either as a Driver or Rider – you represent and warrant that you meet the foregoing eligibility requirements. We reserve the right to suspend or terminate your account if it does not meet these requirements.

ACCOUNT REGISTRATION AND PRIVACY

To use the Scoot Services, you must create an account and submit certain information to enable Scoot to identify you, verify you, comply with the law, and personalize your use. You must submit accurate and up-to-date information during the registration process.

We may conduct further identity verification on you if you are signing up as a Driver. This may include requiring you to submit any government-issued ID card, such as your Driver’s License. This is for security purposes. Drivers must submit accurate information about their vehicles, names, insurance coverage, and other required information on their profiles.

You are responsible for maintaining the security and confidentiality of your account credentials (password and username). Scoot will never ask for passwords via unsolicited communication. If you suspect any unauthorized access to your account, please reach out to us through the contact section of the Scoot App. You are responsible for all activities that occur under your account. You are not allowed to share your login credentials with any other individual without our written consent. This includes if such an individual is your friend, family, or acquaintance.

We respect your privacy. Your submitted information, including ID documents, name, payment method, and other information you provide as part of your use of the Scoot Services is used, disclosed, and secured in accordance with our [link to your Privacy Policy]. Please read carefully and consent to it before you continue using the Scoot Services.

PROHIBITED ACTIVITIES

To ensure the safety, comfort, and integrity of our community, Scoot App strictly prohibits the following activities for both Drivers and Riders. Violation of these guidelines may result in account suspension or termination:

As a Driver, you must not:

• Allow unauthorized passengers in your vehicle during a ride. Each Rider must be accounted for in the Scoot App system.
• Transport passengers who do not meet the minimum age requirement established by local laws. Ensure all passengers are at least 18 years old, or the minimum legal age for transportation in your jurisdiction (except they are with at least a parent or guardian).
• Commence or take a ride under the influence of alcohol, drugs, or any substance that impairs judgment. You must always operate your vehicles in a safe and sober condition.
• Engage in any form of harassment or inappropriate behavior towards Riders or any other Scoot App user.
• Solicit or accept cash or any other form of payment outside of the Scoot App.
• Engage in any form of fraudulent behaviors, including but not limited to fake rides, fake accounts, or any attempt to manipulate the Scoot App system.
• Discriminate or refuse a ride solely because of a Rider’s gender, race, sexual orientation, disability factor, ethnic roots, religious beliefs, or any other differentiating factor.

As a Rider, you must not:

• Engage in any disruptive, disrespectful, or inappropriate behavior during a ride. This includes but is not limited to verbal abuse, physical damage to the vehicle, or any actions that may compromise the safety of the ride.
• Engage in any illegal activities, including carrying illegal substances or engaging in criminal behavior during a ride.
• Ignore any safety measures provided to you with respect to a ride, including using your seat belt.
• File false reports or provide false information to Scoot regarding a ride or the Driver. Accurate reporting ensures the safety and integrity of our community.

By using the Scoot App as either a Driver or Rider, you acknowledge and agree to abide by these prohibited activities. Scoot reserves the right to take appropriate action, including account suspension or termination, in response to any violations of these guidelines.

RIDER CODE OF CONDUCT AND EXPECTED BEHAVIOR

To maintain quality standards and reliable access to the Scoot Services, Riders must comply with the following code of conduct with respect to each ride:

• You must provide accurate and factual information with respect to each ride you partake in. This includes giving accurate pick-up addresses, destination addresses, number of co-Riders, contact information, and any accompanying properties.
• You must arrive at the confirmed pickup location at the scheduled time to allow prompt commencement of the requested service. This prevents unreasonable delays that can negatively impact the assigned Driver's schedule and subsequent bookings. Scoot allows reasonable 5–10-minute delays accommodating situational uncertainties before applicable charges.
• You are required to lodge any emerging delays outside of the stated time under this section.
• You must maintain professionalism with every communication between you and the Driver – giving cognizance to cultural sensitivity and general courtesies.

DRIVER EXPECTED BEHAVIOUR DURING RIDES

As a Driver, you must refrain from the following behaviors when undertaking a ride:

• Reckless maneuvering, driving under the influence, or engaging in any actions that break the road network laws.
• Exceeding recommended passenger capacity.
• Infringing regional transit codes or contractual terms.
• Engaging in activities that damage the integrity and trust in the Scoot Services.

OWNERSHIP OF INTELLECTUAL PROPERTY

Scoot and its licensors own the copyright to all the content on the Scoot App, including the images, text, graphics, audio, and video, and they are subject to copyright in Canada and other locations. You may not use any of our content except as licensed under these Terms without written permission from us.

All the trademarks, service marks, logos, and trade names appearing on the Scoot App or associated with Scoot are the exclusive property of Scoot. You are prohibited from using our trademarks and other marks in connection with any other products or services that are likely to cause confusion without our written permission.

The Scoot App and all patents related therein are the sole property of Scoot. You are prohibited from attempting to reverse engineer, decompile, modify, reproduce, create derivative works, or otherwise use the Scoot App and associated software without written authorization from us.

If you provide any comments, feedback, suggestions, or ideas to us, we shall have the right to use and implement them without compensation to you.

GRANT OF LIMITED LICENSE

Subject to your compliance with these Terms, Scoot hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Scoot App and associated content you have proper access to for accessing and utilizing the Scoot Services. Except for Drivers accessing the Scoot App to provide ridesharing services, you may not use it for any other commercial endeavors. The license granted herein is for personal, non-commercial use.

This license may be terminated at any time for violations of these Terms or any other reasons deemed necessary by Scoot.

RIDER PAYMENT TERMS

Charges: The estimated cost of a ride will be displayed to you before the service is provided. However, the cost may change before the ride’s completion (or on another ride of the same distance) due to certain factors. Fees are payable upon completion of the service. As a Rider, you understand that each ride you book is calculated based on factors such as the distance of your picking location and destination, the wait in traffic, distance covered, and other factors.

Peak time: Scoot may implement dynamic pricing during periods of high demand. The fare displayed to you when you book a Driver reflects the current dynamic pricing multiplier. The fare includes the base fare, distance travelled, duration of the ride, and any applicable charges.

Payment method: You must pay for all rides through the Scoot App payment system. Cash payments are strictly not allowed. If a Driver requests for payment to be made in cash, please report to us through the reporting function. Payments are to be made by any of the supported payment methods, including credit/debit cards.

Authorization and warranty: By adding a payment method to your account, you authorize Scoot (through its third-party payment processor) to charge the designated payment method for all charges associated with the ride. You must ensure that your payment method holds sufficient funds to clear all costs associated with a ride you undertake.

Cancellation and fees: You may cancel a ride after requesting it. However, certain instances may require you to pay a cancellation fee (for example, if you cancel without a reason). You may incur cancellation fees if you cancel a ride after a certain period, as specified in our cancellation policy.

Refund policy: All completed rides are final and without refunds. However, certain circumstances may warrant a refund. Refund requests will be considered on a case-by-case basis in that case.

Damages and fees: In the event that you damage any part of the Driver’s vehicle during a ride, you are responsible for reimbursing the Driver for the damage caused. This cost may be capped at $250 or as may be determined by Scoot after a thorough investigation of the extent of the damages.

Road tolls and surcharges: Certain routes may be subject to additional fees charged by the authority of that route. This may include airports and selected venues. Also, taxes, processing fees, and other operating expenses may apply. You are responsible for the payment of these additional fees.

Tipping: After a ride, you have an option to tip the Driver by any means you deem fit. For the avoidance of doubt, you are not obligated to tip any Driver.

DRIVER EARNINGS AND PAYOUTS

As a Driver, you agree to pay the earning commission as charges for your use of the Scoot Services. You hereby authorize Scoot to deduct the applicable commission from the total fees charged to the applicable Rider. To withdraw your earnings, you are required to add a payout method to your account. Scoot reserves the right to change the commission percentage at any time. You must provide accurate payout method information, as Scoot will not be liable for any uncredited earnings due to inaccurate payout method information.

PROMOTIONAL CREDITS

We may issue promotional credits to Riders. Such credits, when issued, cannot be combined or transferred, and they have no cash value. If your ride cost exceeds the available credit, the remaining cost will be charged to your payment method. Credits do not offset any fees, tolls, or other applicable charges.

REVIEWS AND RATING

To ensure the integrity and safety of the Scoot App, we have organized a review and rating system for users who just completed a ride. This section explains our guidelines for submitting reviews and ratings for both Drivers and Riders.

Scoot encourages users to provide constructive and specific feedback that helps the overall ridesharing experience. We encourage thoughtful feedback from Drivers and Riders, as it contributes to the continuous enhancement of the Scoot Services.

Your reviews and ratings must be fair, objective, and relevant to the ride experience. It must not be biased. Your reviews must not contain any inappropriate language or discriminatory remarks. We may employ verification mechanisms to ensure the authenticity and credibility of reviews and ratings.

If you believe that a review and rating is inaccurate or dishonest, you may reach out to Scoot through the contact section of the Scoot App to have it investigated. If we determine that a review and rating go against our review and rating guidelines as stated herein, we reserve the right to take action.

CONFIDENTIALITY

You hereby understand that personal data provided or transmitted using the Scoot Services may include confidential information not intended for the public. Whether you are a Driver or Rider, you must agree to use any information shared with respect to the Scoot Services only for the Scoot Services.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Scoot Services, you consent to receive electronic communications from Scoot. This includes but is not limited to emails, in-app notifications, and SMS messages. Electronic communication may be used for various purposes, including account-related updates, promotional offers, important notices, and other information pertinent to your use of Scoot Services. You have the option to manage your communication preferences within the Scoot App settings area. You may choose to opt out of certain types of electronic communication.

TERM AND TERMINATION

These Terms become effective immediately after you commence using the Scoot App and Scoot Services. These Terms terminate when your account is terminated. You may terminate these Terms by deleting your account.

Scoot reserves the right to terminate, suspend, or limit your use of the Scoot Services if Scoot believes your use violates any portion of these Terms.

If we terminate your account, any paragraph or provision under these Terms, which is meant to survive shall survive such termination or deactivation of these Terms.

DISCLAIMERS

To the extent permitted by applicable, you agree that the Scoot App, Scoot Services, and associated content are provided on “as is” and “as available” bases without warranty of any kind – whether express, implied, or statutory. Scoot disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Scoot does not warrant that users’ use of the Scoot Services will meet their expectations or that they will, at all times, be able to book rides or offer ride services via the Scoot App, or that a Driver or Rider will agree to honor any transaction. Scoot does not warrant that the Scoot Services will be available at a particular geographic location or specific locations, due to laws, roadworthiness, health concerns, and natural causes.

Scoot does not warrant that the Scoot Services will be uninterrupted, without errors or omissions, or that the Scoot App and content on it, including the location map, will be complete, accurate, or reliable. Scoot does not guarantee users that the Scoot App will be always secure and that any personal information collected about users will not be accessed by unauthorized third parties.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SCOOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OF LOSS OF PROFIT, REVENUE, INTEGRRITY, GOODWILL, PROPERTY, OR PERSONAL INJURY, THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SCOOT SERVICES, EVEN IF SCOOT MAY HAVE BEEN HINTED OF THE POSSIBILITY OF SUCH DAMAGES.

SCOOT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) YOUR RELIANCE ON THE CONTENT OR INFORMATION AVAILABLE ON THE SCOOT APP; (II) YOUR USE OF THE SCOOT SERVICES OR YOUR INABILITY TO USE IT; (III) THE TRANSACTIONS YOU UNDERTAKE WITH OTHER USERS THROUGH THE SCOOT APP; (IV) ANY FAILURE OF A USER TO HONOR OR COMPLETE A TRANSACTION; (V) ANY DELAY OR FAILURE TO PROVIDE THE SCOOT SERVICES AS A RESULT OF CIRCUMSTANCES BEYOND SCOOT’S REASONABLE CONTROL; OR (VI) ANY THIRD-PARTY SERVICE YOU ACCESS VIA THE SCOOT APP.

NOTWITHSTANDING THE FOREGOING, IF SCOOT IS FOUND TO BE LIABLE FOR ANY CAUSE WHATSOEVER IN RELATION TO THE SCOOT SERVICES, SCOOT’S MAXIMUM LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL FEES YOU PAID TO SCOOT IN THE PAST 3 MONTHS BEFORE THE ISSUE AROSE (WHICHEVER IS GREATER).

THE LIMITATIONS DESCRIBED UNDER THESE TERMS ARE NOT INTENDED TO LIMIT OR ALTER YOUR CONSUMER RIGHTS THAT CANNOT BE LIMITED UNDER APPLICABLE CANADIAN LAW.

INDEMNIFICATION

By using the Scoot App – whether as a Driver or Rider, you agree to defend and hold Scoot (and all affiliated individuals) harmless from and against any claims, demands, liabilities, actions, or expenses (including reasonable legal fees) arising out of:

• Your breach of these Terms or any applicable policy or referenced agreement related to your use of the Scoot App;
• Your breach of any applicable laws;
• Your violation of any third-party rights or property;
• Your ownership, operation, or use of vehicles when providing or utilizing the Scoot Services via the Scoot App; or
• Any other activities connected to services facilitated by the Scoot Services.

APPLE AND GOOGLE TERMS; APP DISTRIBUTORS

As per your download of the Scoot App from either the Google or Apple Play Stores (each an “App Store”), this section applies. By downloading the Scoot App from an App Store, you agree that:

• These Terms are solely between you and Scoot and not with the App Store. Scoot is responsible for providing the Scoot App, including the content on it, and not the App Store. If the usage rules in the App Store terms of service are stricter than or conflict with these Terms, the usage rules in the App Store terms of service shall prevail.
• The App Store has no obligation to offer any maintenance or support services with respect to the Scoot App. Scoot is responsible for any maintenance and support services with respect to the Scoot App.
• The App Store is not responsible for any warranties, issues, liabilities, and costs applicable to the Scoot App. If the Scoot App fails to conform to any warranties, it shall be Scoot’s responsibility and not the App Store’s.
• Scoot is responsible for any claims you or any third party may have with respect to the Scoot App, including product liability claims, non-conformance to legal requirements claims, consumer protection or similar legislation claims, or intellectual property claims.
• The App Store is a third-party beneficiary of these Terms and that upon you agreeing to these Terms, the App Store shall be able to enforce these Terms against you as a third-party beneficiary.

DISPUTE RESOLUTION

Dispute between users (Drivers and Riders)

Users must communicate within themselves to attempt to resolve disputes informally. If the dispute remains unresolved, you can contact us through the contact section of the Scoot App for assistance. Please provide all relevant information, including the ride date and time and any supporting details to help Scoot investigate the matter. Scoot will attempt to resolve it in the fairest ways possible. However, it does not mean that Scoot is obligated to resolve disputes between users. If Scoot is unable to resolve a dispute between users, users can seek an alternative resolution. However, users agree to release Scoot from any demands, claims, and damages (actual or consequential) of any nature or kind – known or unknown – arising out of or related to that dispute.

Dispute between you and Scoot

Any legal disputes between you and Scoot, that cannot be resolved amicably, shall be referred to mandatory and binding arbitration administered by the ADR Institute of Canada, based on applicable Ontario laws. These independent proceedings substitute regular court lawsuits waiving rights to jury trials or class action suits.

The arbitration requirement applies to disputes connected to the Scoot Services, including without limitation, account issues, billing problems, contract violations, safety incidents, or regulatory violations.

By agreeing to arbitrate, you hereby waive your rights to class action lawsuits, and you can only bring disputes on an individual basis. However, you may challenge the class action waiver itself separately in a civil court.

Unless otherwise agreed, the arbitration shall take place in Ontario. For minor claims under CAD 10,000, the complaining user may choose to resolve the dispute by submission of documents, telephone conversations, or in person.

MODIFICATIONS TO THESE TERMS

Scoot may review, edit, update, modify, or change parts of these Terms at any time due to changes to the Scoot Services, Scoot App features, or any applicable laws. Changes to these Terms may be communicated to you via your account area, the Scoot App interface, or your account-associated email address. Such changes shall immediately go into effect once posted. By your continued use of the Scoot Services after any changes to these Terms, you confirm your acceptance of the changes.

THIRD-PARTY SERVICES

The Scoot App may contain links, adverts, and content that lead to third-party services or websites. Scoot is not in control of any services provided by third parties whose services are featured through any links on the Scoot App. Your access and use of any third-party services from the Scoot App are at your sole risk. You release Scoot from all disputes or claims that may arise therefrom.

MISCELLANEOUS PROVISIONS

Entire agreement: These Terms represent the entire agreement between you and Scoot in relation to the Scoot Services, and they supersede all contemporaneous understanding and agreements that may have existed before them.

Severability: If any provision under these Terms is deemed to be unlawful, such a provision shall be severed or deemed severable and shall not affect the lawfulness of remaining provisions.

Reasonableness: By using the Scoot App to obtain a Driver or Rider, you agree that the exclusions and limitations of liability set out in these Terms are reasonable and govern your use of the Scoot App.

Assignment: Scoot may transfer, sub-contract, or delegate its rights or obligations under these Terms without notifying you or obtaining your consent. You may not transfer your rights under these Terms without written consent from us.

Waiver: No waiver under these Terms shall be valid unless it is in writing. If Scoot fails to exercise a provision under these Terms, it shall not waive its rights to enforce such provision later or on subsequent or similar violations.

Force majeure: If Scoot is unable to provide any portion of the Scoot App or Scoot Services because of circumstances beyond our reasonable control (such as internet breakdown, governmental actions, war, viral outbreak, fire outbreak, and acts of God), Scoot shall not be liable for any losses or damages you may incur.

CONTACT INFORMATION

In the event that you have any questions, inquiries, complaints, queries, suggestions, concerns, or ideas about these Terms, the Scoot App, or the Scoot Services, please get in touch with Scoot using the “contact us” section on the Scoot App or email us directly at support@scoottnc.com.

Scoot TNC Inc.

3 A Ferndale Avenue

St. Catharines, ON L2P 1V2

Canada

support@scoottnc.com | +12262272668