COOL BUS TERMS OF SERVICE

Introduction

Welcome to coolbusinc.ca. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to them as a condition of having our permission to use our Site and Service.

Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

  • “Agreement” refers to these Terms of Service;
  • “Buyer” refers to a person using Cool Bus for renting buses;
  • “Cool Bus” refers to our company, known as “Cool Bus Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
  • “Service” refers to the services that we provide through our Site, including our message system and payment processing services, and to our Site itself;
  • “Site” refers to our website, www.coolbusinc.ca;
  • “User” refers to Buyers, other registered users of our Site, and general visitors to our Site;
  • “You” refers to you, the person who is entering into this Agreement with Cool Bus.

What Cool Bus Is

Cool Bus is a private vehicle rental service. We safely transport our clients to a destination of their choosing, including addresses in Canada and the United States.

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of Canada or other countries having jurisdiction over this Agreement, Cool Bus, and yourself. For example, if the Department of Foreign Affairs and International Trade Canada prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service and, among other things, you must not violate the Export Control List (SOR/89-202) (see http://laws-lois.justice.gc.ca/eng/regulations/SOR-89-202/FullText.html)
  • You must not have more than one account with Cool Bus unless we give you permission to do so.
  • To make a purchase, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than the age of contractual capacity in the Province of Ontario, which is 18 years age.
  • To use our Site in general, you must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. We are located in Canada but permit American Users to use our Site, and therefore we voluntarily comply with this foreign legislation; we apologize for any inconvenience that this may cause.
  • You must, if signing up on behalf of an organization (such as a business), be authorized by that organization to create their account.
  • You must provide us with personal information, payment information, and other information that we deem necessary to include you in our marketplace and provide you with our Service.

Rules of Use

Once you have signed up to Cool BUs, you may use our Service to reserve our buses, subject to availability. The following rules apply to anyone who uses any or every portion of our Service. You must not:

  • Violate the laws of Canada, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Cool Bus or its delegates.
  • Make fraudulent or negligent representations.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Cool Bus Site, Service, or its Users’ computers.
  • Do anything else which, at Cool Bus’s sole discretion, could bring Cool Bus into disrepute or harm the legal rights or safety of Cool Bus or any third party, including but not limited to other Users.

Payments

Payments can be made, subject to any restrictions imposed by Cool Bus, by using credit cards, debit cards, and PayPal or Cash. All prices are, unless otherwise stated, listed in Canadian Dollars.

Discounts

Cool Bus may offer coupons subject to certain terms and conditions which will be announced at the same time as the issue of the coupons. All coupons will only be accepted up until their expiry date. Discounts and credits will be applied during the completion of the relevant transaction. Credits cannot be converted to cash.

Cool Bus may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

Chargebacks, and or Credit Card Cancellations

Where a User provides payment to Cool Bus through our payment portal, and that amount of money is subsequently taken from Cool Bus due to a chargeback, or credit card cancellation, or other action that is the fault of the User, Cool Bus is entitled to recover that amount from the User.

Our Copyright

Cool Bus relies on its content to keep it unique from other Sites. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission.

Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

Copyright & Trademark Infringement

We take copyright infringement very seriously, and although we do not concede that we are subject to any non-Canadian laws, we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act as a preemptive measure in the United States. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent by using our Site’s contact form. We will deem the printed version of your name along with the words “SIGNED” or such other indicator as constituting a valid electronic signature for the purpose of this notification.

If you have a copyright complaint in relation to Canadian law or the law of any other country than the United States, or a non-copyright related intellectual property complaint such as a trademark dispute, we recommend that you send us similar information to that above in regards to any such allegation, and we will address it as soon as practicable.

Representations & Warranties

We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.

We are not responsible for any failure on the part of a payment processor, including PayPal or the credit card company or bank that you use to fund PayPal, to direct payments to the correct destination, or any actions on their part in placing a hold on your funds.

The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “representations & warranties” section shall be construed to limit the generality of the first paragraph of this section.

For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Choice of Law

This Agreement shall be governed by the laws in force in the Province of Ontario. The offer and acceptance of this contract are deemed to have occurred in the Province of Ontario.

Forum of Dispute

This section limits your right of redress to us in accordance with the rights given to you under s. 7 of the Consumer Protection Act, 2002.

You agree that any disputes arising from or relating to this Agreement or any acts or omissions by Cool Bus will be heard solely within the Superior Court of Justice of Ontario – Small Claims Division (“Small Claims Court”) and that, even if the damages to which you are entitled exceed the monetary jurisdiction of the Small Claims Court, and even if you are entitled to equitable relief or other relief not eligible to be granted by the Small Claims Court, you will waive those excess monetary damages or equitable relief and bring the action in the Small Claims Court. At the time of the drafting of this Agreement, the monetary jurisdiction for the Small Claims Court is $25,000.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Cool Bus shall have the sole right to elect which provision remains in force.

Non-Waiver

Cool Bus reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you that there has been a change and post the amended version here. If you do not agree to the changes, you must cease using our Site and Service immediately.

Last Modified: October 1, 2015