The following is an agreement between BYSPIC and the Driver. This agreement governs the relationship with BYSPIC in relation to every Driver and any supply of services to the Driver by BYSPIC. By applying to be a Driver, you agree to be bound by the terms and conditions of this Driver Agreement. It is your responsibility to ensure the terms and conditions of this Driver Agreement and obligations under it.
BYSPIC and the Driver hereby agree to the following:
1. Eligibility and Registration
1.1 All Drivers must agree and comply with the following
I. I, the Driver, have read the BYSPIC Driver Application Package, all of the terms and conditions, and agree to abide by them as a condition of my participation in the BYSPIC Driver program.
II. The Driver is a legally competent person over 25 years of age.
III. The Driver has at least 3 years or more of driving experience.
IV. The Driver has the driver’s license level of G in Ontario
V. The Driver has their own vehicle insurance in Ontario.
VI. The Driver has no criminal record and otherwise is a fit and proper person of good reputation.
1.2 Applicants will be accepted and registered as drivers by BYSPIC. Drivers are subject to fulfill the Eligibility Criteria, and otherwise at BYSPIC’s sole discretion. BYSPIC may cancel a person’s registration as a driver if they are in breach of this Driver Agreement, or at the request of that person.
1.3 The Driver must notify BYSPIC immediately if the Driver ceases to satisfy the Eligibility Criteria. If at any time, the Driver fails or ceases to satisfy the Eligibility Criteria, BYSPIC reserves the right to reject your application, cancel your registration as a driver, and immediately suspend or terminate this Driver Agreement and any driver.
2.1 BYSPIC provides Drivers with the following services:
I. Schedule selection, recommendation, and placement;
II. Ride payment processing and administration;
III. Support, advice, and complaints services; and
IV. The Driver Management System via the official website of BYSPIC
3. Vehicle Conditions
3.1 The Driver must satisfy the conditions below:
I. The vehicle must be owned by the Driver
II. The vehicle must be in good condition and well maintained;
III. The vehicle must have at least 4 seats. e.x. SEDAN, SUV, and VAN.
IV. Any other factors that BYSPIC considers relevant.
3.2 The Driver is expected to abide by the conditions below:
I. Before and after customer arrivals
a) The Driver has a responsibility to choose and confirm the ride schedule by BYSPIC via the website.
b) A chatroom must be created to communicate with the Driver and Customer.
c) If the Driver does not show up at the meeting point when the Customer arrives, the Driver must take any responsibility for any cause of expenses that the Customer may incur.
d) The Driver must double check the address of the destination with the Customer.
e) The Driver must contact the homestay/share house/other accommodation before moving to the destination.
f) The Driver must click the button “RIDING START” before moving to the destination.
g) The Driver has a responsibility to help to carry the Customer’s luggage.
h) The driver must click the button “RIDE COMPLETE” after the service is done.
a) The Driver should provide a warm, inviting atmosphere where the Customer feels welcome.
b) The Driver is suggested to have interaction and communication with the Customer, especially while moving to the destination.
III. Safety and Security
a) The Driver must agree to keep the regulation of Ontario traffic laws and rules
The Official Ministry of Transportation (MTO) Driver’s Handbook
Refer : https://www.ontario.ca/document/official-mto-drivers-handbook
b) The Driver is prohibited from performing indecent acts related to common assault, harassment, soliciting, and verbal abuse.
c) Any alcohol or item prohibited by law is not permitted on the day of service.
d) The Driver must not smoke while providing service to the Customer.
e) BYSPIC will not be responsible for any loss of an item, damage to the vehicle, or objects within the vehicle
IV. Other works
a) The Driver must be aware of the weekly updated ride schedule..
b) The Driver cannot take more than the designated number of customers at the same time, following BYSPIC’s criteria. (SEDAN : 1 person / SUV : 2 persons / VAN : 4 persons)
c) The Driver must not take persons who have not been placed by BYSPIC.
d) The Driver must not randomly place or replace the customer to another driver or vehicle.
4. Fees and Payment
4.1 Fees must be paid to BYSPIC. Drivers must not collect any fees or payments directly from the Customer or any other party in respect of the Driver.
4.2 The Driver is responsible for any issues of injury occurred to the Customer due to the driver’s mistakes or negligence inside of the vehicle and will bear the sole responsibility of covering any expenses related to the incident.
4.3 BYSPIC receives payment from the Customer for the Driver (Ride Payment) on behalf of the Driver, and will send to the Driver’s nominated bank account via electronic funds transfer. (Driver Payment).
I. The driver’s payment will be calculated as $60.00 per customer based on BYSPIC’s distance criteria, which is 30.km in the GTA.
II. The Driver will be paid an extra $20.00 per additional customer with the same destination in a ride.
III. If the distance between the departure point and destination exceeds the criteria, an extra $1.00 per km will be added to the Driver’s payment.
4.4 The Driver will be paid the total Driver Payment at the end of the month.
4.5 Where the customer fails to pay the Ride Payment, related to any placement not via BYSPIC, BYSPIC will not be liable for any unpaid Driver Payment.
4.6 If the Driver terminates a placement at any time, the Driver remains liable for payment of the fees in full and for any refund or penalty payable by BYSPIC to the Customer or any third party in accordance with BYSPIC’s refund policy, though BYSPIC may waive this obligation at its sole discretion.
I. Cancellation and refund details are written on the below clause 5
5. Cancellation and Refund
5.1 The Driver understands and is clear on the relevant refund and associated policies regarding these processes.
5. 2 The Driver must notify BYSPIC and abide by BYSPIC’s cancellation policy in case of last-minute cancellations
5.3 BYSPIC’s Service Charge Fee is non-refundable.
5.4 Pre-service Cancellation by Driver
I. When a driver cancels any placement prior to the service date, there will be a penalty by BYSPIC.
II. When less than 2weeks term left from the customer service date,
a) If it is the Driver’s first cancellation, the Driver will have 7 days’ suspension time and also will be charged $100.00 as a penalty
b) If it is the Driver’s second cancellation, the Driver will have 14 days’ suspension time and will also be charged $100.00 as a penalty
c) The Driver will have an unlimited temporary suspension time if it is the Driver’s third cancellation, or if the Driver has failed to pay any penalties charged.
III. The Driver should submit proper documents to prove the cancellation was unavoidable due to reasonable causes to avoid the suspension and/or penalty.
5.5 Pre-service Cancellation by Customer
I. The Driver will get a proper compensation amount for the cancellation, following BYSPIC’s policy.
II. If 7 to 13 days are left from the customer arrival date, the Driver will get 30 percent of the Driver flat fee, amount as compensation.
III. If 6 days or fewer are left from the customer service date, the Driver will get 33 percent of the driver flat fee, amount as compensation.
IV. No compensation will be given if the customer submits proper documents to prove the cancellation was unavoidable due to reasonable causes.
6. Confidentiality and Privacy
6.1 The Drivers and BYSPIC agree to keep confidential the terms of this Driver Agreement and any information or material received in connection with this Driver Agreement or a Driver and marked, or reasonably presumed to be confidential (Confidential Information).
6.2 Both the Driver and BYSPIC agree that they will not disclose any Confidential Information to any third party unless or until it:
i. is or becomes publicly known through no wrongful act of the receiving party;
ii. is received from a third party (other than from or on behalf of the Customer, Driver or BYSPIC) without restriction and without breach of any confidentiality obligation to the other party;
iii. is independently developed by the receiving party; or
iv. is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to contest any such requirement).
6.4 BYSPIC bans use of any Customer’s personal information for marketing and other purposes.
7.1 BYSPIC may terminate a Driver immediately on notice to the Driver if the Driver fails to satisfy the Eligibility Criteria; the Vehicle ceases to meet the requirements identified by BYSPIC under clause 3.1; or BYSPIC otherwise determines in its sole discretion that it is appropriate to terminate the Driver immediately in response to a request from the Customer or related party.
7.2. The Driver may otherwise notify BYSPIC of any complaint regarding the Customer or Driver at any time and BYSPIC will use commercially reasonable endeavors to resolve or assist the Driver to resolve the complaint.