Terms of Service (“Terms”)
Last updated: August 12, 2020
Please read these Terms of Service (“Terms”) carefully before using the pantonium.com website, Pantonium’s mobile applications, internet or software platforms and services (the “Service”) operated by Pantonium Inc. (“Pantonium”, “us”, “we”, or “our”).
These Terms include Pantonium’s Privacy Policy which is incorporated by reference into these Terms.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
This agreement is a legally binding contract. It may change as our business changes and you agree to review it and any updates regularly. By continuing to use the Service you agree to be bound by these Terms and accept any changes. If you disagree with any part of the Terms then you must not access the Service.
Pantonium does not provide transportation services and is not a transportation carrier. All transportation services scheduled through the Service are provided by third-party transportation providers. We offer information and a method to obtain such third-party transportation services but do not provide or intend to provide transportation services or to act in any way as a transportation carrier, and have no liability or responsibility for any transportation services that may be provided to you by third-party transportation providers.
Eligibility
Our Service is intended for use by persons over the age of 13 years old. We do not knowingly collect information from children under the age of 13 years old. IF YOU ARE NOT AT LEAST 13 YEARS OLD, DO NOT USE THE SERVICE.
No one under the age of 18 is permitted to use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you represent and warrant that you have consent from a parent or guardian to do so. If you are a parent or guardian of a minor that has signed up for or used the Service without your consent, please contact us at info@pantonium.com.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third-party. You are responsible for all activity that occurs under your access credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting us at info@pantonium.com.
Use of Service
You must agree to abide by all of the provisions of the Terms in order to remain an authorized user of the Service and your use of the Service constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Service and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Service through you or using your login, email and/or password.
You will not abuse your use of the System which includes but is not limited to booking trips that you will not use and you will ensure to cancel booked rides, that will not be required, as soon as possible. Failing to meet these terms may result in the termination or suspension of your account.
You will use the Services and any tools, features, content, material, or information found on the Service solely for lawful purposes. You will not allow any third-party to access the Service through your account.
You will not attempt to interfere with, harm, gain unauthorized access to, or reverse engineer the Service, user accounts or any technology or equipment that supports the Service.
You will not access, monitor or copy any part of the Service or any data being transmitted through the Service using any robot, spider, scraper, other automated means or through any manual process for any purpose.
You will not access the Service from any jurisdiction where it is illegal or unauthorized.
Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis.
Pantonium expressly disclaims, any and all representations, warranties or conditions, express or implied, relating to the Service including without limitation any representations, warranties or conditions of noninfringement, merchantability, merchantable quality, or fitness for a particular purpose. Pantonium does not warrant that the functions contained in the Service will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Service or the server that makes them available are free of viruses or other harmful components. Pantonium makes no representations about content or information accessible through the Service and makes no warranty that the service will meet your requirements.
Neither Pantonium nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on the Service data/materials or to whom Service data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim or other cause of any kind or character whatsoever based on or resulting from the use of the Service or any information provided in the Service. The information provided in the Service is provided on an “as is”, “as available” and “with all faults” basis without warranty or condition. Pantonium’s Service is provided for planning purposes only. Information from the Service may differ from actual conditions. Customers must exercise independent judgment when using the Service to ensure that the Service is safe for end users and other third-parties.
Pantonium makes no representation of warranty as to the reliability, timeliness, safety, quality, availability or suitability for any services provided by third-party transportation providers through the Service. You understand and agree that the entire risk arising out of your use of the Service and any third-party transportation service remains solely with you, to the maximum extent permitted by law.
Limitation of Liability
Your use of the Service is entirely at your own risk.
Pantonium will not be responsible to you or to any third-parties for any direct, indirect, incidental, consequential, special, or punitive damages or losses or injury you may incur in connection with your use or inability to use the Service, or your reliance on or use of the Service, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, or any of the data or other materials transmitted through or residing on Service, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the above limitations may not apply to you.
To the greatest extent possible by law, Pantonium’s maximum liability arising out of or in connection with the Services and your use of same, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.
Indemnification
You agree to defend, indemnify and hold harmless Pantonium (and any of its parents, subsidiaries, affiliates, employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of these Terms. We reserve the right, in our sole discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
Communications
Pantonium and/or the third-party transportation provider operating the transportation services may communicate with you by e-mail, telephone or text message about the Service and associated transportation services.
By signing up for the Service you agree to receive email, phone calls or text messages from us and the third-party transportation service provider operating the transportation services provided for customer-service related purposes.
By using the Service or providing personal information to us, you agree to receive electronic communications about the Service from us and the third-party transportation service provider operating the transportation services including, without limitation, updates about the transportation service and to solicit feedback on your user experience which may include surveys.
Termination
Your access to our Service may be terminated or suspended immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Pantonium.
Pantonium has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pantonium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Content
Our Service, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly of them are the exclusive property of Pantonium and are protected by Canadian and international copyright, intellectual property, and other laws.
You acknowledge that Pantonium or its licensors own the Service and all intellectual property rights therein or related thereto (including all modifications and updates thereto and derivative works thereof), and all rights in and to the Service (including all modifications and updates thereto and derivative works thereof).
You understand and agree that you will not obtain any right, title or interest in or to any Pantonium content delivered via the Service or in any intellectual property rights (including without limitation, any copyright, patents, trademark, trade secret or other rights) in the Service or its content through your use of the Service. Pantonium alone (and its licensors, where applicable) own all rights, title and interest, including all related intellectual property rights, in and to the Service.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Any dispute arising under or relating to the Service or this Policy shall be resolved by informal negotiations between the Parties or failing that by binding arbitration conducted in Toronto, Canada before a single arbitrator appointed by Pantonium and determined in accordance with the rules of the Arbitration Act, 1991 (Ontario). You covenant not to sue Pantonium in any other forum and agree that you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service.
Contact Information
Pantonium Inc.
145 Front Street East
Toronto, ON M5A 1E3
E-mail: info@pantonium.com