MRDRIVER – STUDENT TERMS & CONDITIONS

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1. Definitions

"App" means the mobile application MrDriver (Students version).
"Company," "we," "us," "our" means MrDriver, a Canadian sole proprietorship with its principal place of business at 145 ½ Church Street, Unit 5 Office 32, Toronto, Ontario M5B 1Y4.
"Instructor" means a provincially licensed driving instructor who advertises Lesson services on the App.
"Lesson" means a booked driving‑instruction session between a Student and an Instructor.
"Lesson Fee" means the total amount paid by a Student for a Lesson, including the Platform Service Charge and, when applicable, any required HST or other sales tax.
"Platform" means the App and any related websites or services we operate.
"Student," "you," "your" means the end‑user who books Lessons through the Platform.

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2. Our Services

MrDriver provides an online marketplace that connects Students with verified Instructors for private driver‑training Lessons. We do not provide the driving instruction ourselves; Instructors act as independent contractors and are solely responsible for the Lessons they provide.

The App is directed at users located in Ontario, Canada, for now. If you access it from another jurisdiction, you do so on your own initiative and are responsible for compliance with local law.

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3. Intellectual Property Rights

We own (or are licensee of) all intellectual‑property rights in the Platform, including its source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (collectively, "Content"), and the trademarks, service marks and logos contained therein (the "Marks").

The Content and Marks are protected by Canadian copyright, trademark and other laws. You are granted a non‑exclusive, revocable licence to access the Platform and download or print Content for your personal, non‑commercial use only. All other rights are reserved.

Any breach of these IP provisions immediately terminates your right to use the Platform.

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4. User Representations

By using the Platform you warrant that:

(a) all registration information you submit is true and current;
(b) if you are under 18, your parent/guardian has reviewed and accepted these Terms and provided a valid payment method;
(c) you have capacity to accept these Terms;
(d) you will not use the Platform for illegal purposes; and
(e) your use will comply with all applicable laws.

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5. User Registration

You must create an account and keep your password confidential. You are responsible for all activity under your account. We may reclaim usernames that are obscene or infringing.

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6. Fees, Taxes, Purchases & Payment

1. Payment Method. We accept Visa and Mastercard.
2. Currency. All charges are in Canadian dollars (CAD).
3. HST. MrDriver is currently a small‑supplier under the federal Excise Tax Act and has not yet registered for HST. Accordingly, Lesson Fees displayed in the App do not include HST at this time, and no HST is collected or remitted. If our taxable supplies exceed the CAD 30,000 threshold—or we choose to register voluntarily—we will (i) notify all users via email and in‑App notice before the effective date, and (ii) update Lesson Fees to include the applicable 13 % Ontario HST from that date forward.
4. Billing Authorisation. You authorise us to debit your selected payment method for the Lesson Fee once an Instructor confirms your booking.
5. Price Changes. Prices shown in the App may change at any time prior to booking confirmation.
6. Errors. We reserve the right to correct pricing errors and cancel or refund affected bookings.

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7. Non‑Refund & Credit Policy

1. All Sales Final. Subject to Section 25 and your statutory rights under the Ontario Consumer Protection Act, 2002 (the "CPA"), Lesson Fees are non‑refundable.
2. No‑Shows & Late Cancellations. Cancelling less than 48 hours before the Lesson, or failing to attend, forfeits the entire Lesson Fee.
3. Instructor Cancellations. If an Instructor cancels a confirmed Lesson, you may elect a full refund to your original payment method or an account credit. Refunds are processed within seven (7) business days.
4. Exceptional Circumstances. We may, at our discretion, refund or credit Lesson Fees where Platform technical failure or documented emergencies prevent a Lesson from taking place.

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8. Prohibited Activities

You agree not to:

• scrape or harvest data;
• transmit malware;
• impersonate others;
• circumvent security;
• harass users or staff;
• violate any law;
• use the Platform to compete with us.

The full list in the original Terms remains in force.

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9. User‑Generated Contributions

The Platform may allow you to post reviews, messages or other content ("Contributions"). You are solely responsible for Contributions and must own or have rights to them. Contributions must not be unlawful, abusive or infringing. We may remove or edit Contributions at any time.

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10. Contribution Licence

By posting Contributions you grant us a perpetual, worldwide, royalty‑free licence to use, reproduce, adapt, publish and display those Contributions in any media. You waive any moral rights you may have in your Contributions to the extent permitted by law.

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11. Guidelines for Reviews

Reviews must reflect genuine first‑hand experience, be free of profanity or discriminatory language, and not be part of a co‑ordinated campaign. We may moderate or remove reviews at our discretion.

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12. Mobile Application Licence

We grant you a revocable, non‑exclusive, non‑transferable licence to install and use the App on your personal device, subject to these Terms. You must not reverse‑engineer, distribute or commercially exploit the App.

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13. Services Management

We may monitor, suspend or terminate access to the Platform to protect our rights or other users, or to ensure the proper functioning of the Service.

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14. Privacy

Our Privacy Policy explains how we collect, use and disclose personal data. By using the Platform you consent to those practices, including transfer of your data to and storage in Canada.

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15. Copyright Infringements

If you believe content on the Platform infringes your copyright, please send a notice to support@mrdriver.ca with details required by the Canadian Notice‑and‑Notice regime.

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16. Term & Termination

These Terms remain in effect until terminated by either party. We may suspend or terminate your account immediately if you breach these Terms or applicable law.

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17. Modifications & Interruptions

We may modify or discontinue the Platform at any time. We are not liable for any loss arising from modification, suspension or interruption of the Service.

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18. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

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19. Dispute Resolution (Ontario Consumers)

19.1 Internal Resolution

Email a written description of your complaint to support@mrdriver.ca (the "Notice"). We will acknowledge within five (5) business days and attempt to resolve the issue within thirty (30) calendar days. No formal proceeding may begin until that 30‑day period ends, unless we fail to acknowledge your Notice.

19.2 Voluntary Mediation

If unresolved, either party may request mediation under the ADR Institute of Canada Mediation Rules.

• Location: virtual or Toronto (at MrDriver's option)
• Costs: 50/50 split; each party pays its own legal fees

Mediation pauses all limitation periods for up to 60 days.

19.3 Court Proceedings

If mediation is declined or unsuccessful, claims must be brought exclusively in:

• Ontario Small Claims Court if the amount sought (excluding interest and costs) is ≤ CAD 35,000; or
• the Ontario Superior Court of Justice (Toronto) for higher amounts.

19.4 Individual Actions Only

To the fullest extent permitted by the Ontario Consumer Protection Act, 2002 (CPA):

• claims shall proceed only on an individual basis; and
• no court may consolidate actions or entertain class or representative proceedings without our written consent.

If a court finds this paragraph unenforceable, Section 19.4 is severed and the remainder survives.

19.5 Damages Cap & Exclusions

Subject to Section 21, any monetary award may not exceed the total Lesson Fees you actually paid to MrDriver that are directly related to the dispute, and shall not include punitive, special, consequential or indirect damages unless such exclusion is prohibited by Ontario law.

19.6 Cost‑Shifting

If you obtain a judgment that materially exceeds our last written settlement offer (or if no offer was made), we will reimburse your court filing fees and up to CAD 2,500 of documented legal costs. Otherwise, each party bears its own legal fees, and recoverable costs are limited to the Small‑Claims tariff.

19.7 Limitation Period

Any claim must be commenced no later than twelve (12) months after the cause of action arose, unless Ontario law requires a shorter period or prohibits contractual limitation for that type of claim.

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20. Disclaimer

Except as required by the CPA, the Platform is provided "as‑is". We do not warrant the quality or safety of Lessons delivered by Instructors, who act as independent contractors. Nothing in this section limits liability for personal injury caused by our negligence.

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21. Limitations of Liability

To the fullest extent permitted by Ontario law, our aggregate liability to you for any loss arising out of these Terms shall not exceed the greater of (a) CAD 100 or (b) the Lesson Fees you paid in the six (6) months preceding the event, except where such limitation is prohibited by law or involves personal injury caused by our negligence.

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22. Indemnification

You agree to indemnify us against third‑party claims arising from (a) your breach of these Terms; (b) your Contributions; or (c) your violation of another's rights, except where any such claim arises from our negligence or wilful misconduct and except where indemnities are prohibited by Ontario consumer law.

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23. User Data

We maintain data you transmit for Service performance but cannot guarantee its indefinite availability. You are responsible for backing up your data.

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24. Electronic Communications, Transactions & Signatures

You consent to electronic communications and signatures and agree they satisfy any legal requirement that communications be in writing.

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25. Student Booking & Cancellation Policy

• Booking – submitting a request places a pre‑authorisation; charge captured on Instructor confirmation.
• Cancellation ≥ 24 h – pre‑authorisation voided, no charge.
• Late Cancellation / No‑Show – full Lesson Fee captured, non‑refundable.
• Instructor Rejection – authorisation released/refunded within seven business days.
• Instructor Cancellation < 12 h – choice of refund or free re‑booking.
• Exceptional Circumstances – refunds at MrDriver's discretion (Section 7.5).

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26. Corrections

We may correct typographical errors, inaccuracies or omissions and update information at any time without notice.

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27. Contact Us

MrDriver
145 ½ Church Street, Unit 5 Office 32
Toronto ON M5B 1Y4 Canada
☎️ 1‑647-523-2391
✉️ support@mrdriver.ca

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By booking a Lesson or otherwise using the Platform you accept and agree to be bound by these Student Terms & Conditions.