Terms of Use for DriverCheck Services 

Last Updated: July 1, 2025

The following Terms of Use govern the services that DriverCheck provides to its clients. The client is required to read these Terms of Use carefully to understand the conditions governing access to and use of the services provided by DriverCheck. These Terms of Use do not apply to services for clients with which DriverCheck already has a signed service agreement.

1. Definitions

For the purposes of these Terms of Use, the following Terms shall have the meanings set out below:

  • “DriverCheck” refers to the service provider offering drug, alcohol, and occupational health testing, and related administrative services.

  • “Client” means the individual or organization that registers for, accesses, or uses the services provided by DriverCheck.

  • “Services” means the drug, alcohol, and/or occupational health testing, data management, reporting, and any other related services provided by DriverCheck.

  • “Claims” means any and all claims, legal challenges, demands, liabilities, losses, damages, costs, and expenses.

  • “Client Policies” means the Client’s internal standards, protocols, and policies, as provided to DriverCheck for implementation.

  • “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other, including, but not limited to, personal information, business operations, pricing, and technical data, whether disclosed orally, in writing, or electronically.

  • “DriverCheck Parties” means DriverCheck, its current and former directors, officers, employees, physicians, agents, contractors, assessment team members, and representatives.

  • “Indemnifying Party” means the party responsible for providing indemnification under these Terms.

  • “Indemnitees” means the party receiving indemnification, including its officers, directors, employees, subcontractors, and agents.

  • “Participant” means any individual who is the subject of, or receives services provided by DriverCheck, including, but not limited to, individuals undergoing testing, assessments, or evaluations as part of the Services.

  • “Personal Information” means any information about an identifiable individual that is collected, used, or disclosed in connection with the Services, and is subject to applicable privacy laws.

  • “Software” refers to DriverCheck’s proprietary, internally developed software package known as eManda, and all improvements thereto made by DriverCheck. The Software is provided to the Client by DriverCheck to facilitate access to and management of the Services.

  • “User” means any individual authorized by the Client to access or use the Services or Software on the Client’s behalf.

  • “Terms” refers to these Terms of Use, including any updates or amendments made from time to time.

2. Client’s Obligations

2.1. The Client shall comply with all applicable laws, including privacy laws, in connection with the Services.

2.2. The Client is responsible for keeping their account on the Software updated with regard to company and contact information (authorized contacts and permissions for access to information) by providing DriverCheck with any new and/or updated information as it arises.

2.3. The Client and its Users are responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by the authorized User. The Client is entirely responsible for any and all activities that occur under the Client's account. The Client agrees to immediately notify DriverCheck of any unauthorized use of the Client's account (including each password of each User accessing the Service by means of Client's account) or any other breach of security known to the Client. DriverCheck shall have no liability for any loss or damage arising from such unauthorized use or breach, or the Client's failure to comply with these requirements.

3. Payment for Services

3.1. The Client will be invoiced monthly for Services rendered under these Terms. The Client shall pay DriverCheck, without set-off or deduction of any kind, the fees set out in the provided DriverCheck fee schedule within thirty (30) days of the invoice date. Late payments shall bear interest at the rate of 24% compounded annually on the amount outstanding from time to time. If any amount is overdue, DriverCheck may refuse to provide any further Services to the Client until all outstanding amounts have been paid, and any other reasonable requirement met. Late payment may result in debt collection charges including legal costs. Non-sufficient funds (NSF) cheques will be subject to a charge.

3.2. All amounts referred to in these Terms are in lawful money of Canada. All fees are exclusive of and do not include any taxes, duties, or similar charges imposed by any government or taxing authority, including without limitation Goods and Services Tax or Harmonized Sales Tax, which shall be payable by the Client in addition to the amounts set out in the fee schedule.

3.3. In the event that the Client requires the use of purchase orders for invoicing purposes, DriverCheck will include such provided purchase order number(s) on the Client's invoice. DriverCheck does not accept and does not agree to be bound to any terms and conditions contained in any document provided by the Client, including any purchase order(s). These Terms shall exclusively govern all purchase orders and the Terms outlined herein supersede and take precedence over all terms presented in the purchase order.

4. Privacy

4.1. Any Personal Information collected, used, or acquired in connection with the Services shall be protected against unauthorized use, disclosure, modification, or loss. DriverCheck shall ensure that its directors, officers, employees, subcontractors, or agents use Personal Information for the purposes of accomplishing the Services set forth herein. DriverCheck agrees not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons Personal Information without express written consent of the Client unless otherwise required by law.

4.2. The Client acknowledges DriverCheck’s handling and management of Personal Information obtained through its Services provided to the Client, shall be done so in accordance with DriverCheck’s Privacy Policy (https://www.drivercheck.ca/ourpolicy). The parties agree DriverCheck’s Privacy Policy shall be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).

4.3. The Client agrees that where Personal Information must be provided by the Client to DriverCheck for performance of the Services and said Personal Information was collected by the Client, the Client shall obtain informed and valid consent from Participants prior to disclosing the Personal Information to DriverCheck. Where Personal Information is collected directly from individuals by DriverCheck in performance of the Services, the Client acknowledges that it will be the responsibility of DriverCheck to obtain consent from Participants.

5. Confidentiality

5.1. Each party acknowledges that, in its performance and use of the Services, it will acquire Confidential Information of the other. The parties shall ensure that access to such Confidential Information is restricted to such employees, agents, subcontractors, and third-party providers who have a need to know such information in order to provide and/or use the Services hereunder, and each party shall ensure that such information is used solely for the purpose outlined in these Terms and only if the parties and such employees, agents, subcontractors, and third-party providers have an obligation of confidentiality with respect to such Confidential Information. Except as set out herein or as required by a court or government body, neither party, during the provision or use of the Services or at any time thereafter, shall use or disclose any Confidential Information without the written consent of the other party and, in the case of Personal Information of a Participant, without the written consent of the Participant.

5.2. The following shall not be considered Confidential Information:

5.2.1. information which is or becomes publicly available other than as a result of a disclosure by a receiving party or its representatives;

5.2.2. information which is or becomes available to a receiving party on a non-confidential basis from a source which, to the best of the recipient party’s knowledge, after due inquiry, is not prohibited from disclosing such information to the receiving party by a legal, contractual, or fiduciary obligation to the disclosing party; or

5.2.3. information which is independently developed by a receiving party without use or reference to Confidential Information.

5.3. Notwithstanding anything else in these Terms, DriverCheck and its medical professionals are required to retain such reports and information as deemed necessary to comply with its general duty of care, the obligations established by its appropriate governing bodies, and in accordance with DriverCheck’s record retention policy.

6. Ownership of Intellectual Property

6.1. The parties agree that the test result data with respect to the Services are the exclusive property of the Client and it is hereby acknowledged that such test result data is the sole deliverable arising from the Services provided. DriverCheck may use the data in an aggregate, anonymized and entirely unidentifiable form to produce statistics and such form is the proprietary, confidential, and wholly owned material of DriverCheck.

6.2. The Software is a secure, web-based software program developed by DriverCheck to support Clients in managing their testing programs. It enables automation of administrative processes such as booking requests, test result retrieval, and reporting.

Key features of the Software include:

  • Real-time access to verified test results

  • Secure Socket Layer (SSL) encryption and other advanced security protocols

  • Online access to reports, invoices (PDF/XLS), and booking tools

  • Inbox and search functionality for efficient data retrieval

  • Integration with DriverCheck’s infrastructure for high availability and redundancy

To ensure ongoing security, DriverCheck engages third-party providers to conduct regular vulnerability assessments of its technology infrastructure.

6.3. The Client acknowledges that the Services will require use of the Software. DriverCheck grants the Client a limited, non-exclusive, non-sub-licensable license to use the Software solely for the purpose of accessing and utilizing the Services, in accordance with these Terms. The Client shall not use the Software for any other purpose.

6.4. The Software is licensed, not sold, to the Client on a limited basis under these Terms. DriverCheck retains all rights, title, and interests in and to the Software and reserves all rights in the Software not expressly licensed by these Terms, including, but not limited to, copyrights and patent rights.

6.5. DriverCheck welcomes suggestions, comments, or other feedback about its Services and Software. The Client agrees that all feedback may be used by DriverCheck without limitation.

6.6. The Client hereby irrevocably transfers and assigns to DriverCheck all right, title, and interest (if any) in any improvements developed by or on behalf of DriverCheck based on the feedback, including all associated intellectual property. This includes, without limitation, any workarounds, bug fixes, new features, enhancements, or other modifications to DriverCheck’s Software or Services. The Client agrees to obtain written waivers of all moral rights (if any) in such improvements in favour of DriverCheck, its successors and assigns. Improvements may be used by DriverCheck for any purpose, without obligation to account or compensate the Client.

6.7. DriverCheck agrees not to knowingly breach or infringe any patent, copyright, trademark, industrial design, trade secret, or other proprietary right owned by any third party during the performance of the Services and agrees to indemnify the Client with respect to any third-party claims that may be brought against the Client arising solely from any such breach or infringement by DriverCheck.

7. Security

7.1. DriverCheck maintains commercially reasonable security measures to prevent unauthorized access to the Software. These measures are designed to ensure the confidentiality, integrity, and availability of data and include:

Access Controls

  • Single Sign-On (SSO) and Multi-Factor Authentication (MFA)

  • Role-Based Access Control (RBAC)

  • Periodic user access reviews and account deprovisioning

Data Protection

  • End-to-end encryption (data in transit and at rest)

  • Secure Socket Layer (SSL) technology

  • Comprehensive password protection features

Infrastructure and Monitoring

  • Network and Web Application Firewalls

  • Secure Software Development Life Cycle (SDLC)

  • Periodic vulnerability assessments and penetration testing

  • End-user security awareness training

  • Data backup and redundancy protocols

7.2. The Client acknowledges that, despite these precautions, use of or connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Software and Client data. Accordingly, DriverCheck cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over the internet.

7.3. The Client and its Users agree to:

  • Use commercially reasonable efforts to prevent unauthorized access to or use of the Software, and notify DriverCheck promptly of any such unauthorized access or use;

  • Use the Software only in accordance with applicable laws, these Terms, and DriverCheck’s Privacy Policy;

  • Not make the Software available to anyone other than those authorized by the Client;

  • Not sell, resell, rent, or lease the Software; and

  • Not interfere with or disrupt the integrity or performance of the Software or any content contained therein or attempt to gain unauthorized access to the Software or the underlying systems or networks.

8. Infrastructure and Availability

8.1. DriverCheck utilizes a leading cloud hosting provider to support its Software and Services. The infrastructure includes:

  • Fully managed application servers and database clusters

  • Multi-region geo-redundancy within Canada

  • Near real-time data replication across availability zones

  • High availability architecture designed to meet a 99.95% annual uptime target

These measures support DriverCheck’s commitment to service continuity, data durability, and performance reliability.

9. Warranty and Limitations

9.1. DriverCheck is committed to delivering services with a high standard of care, accuracy, and professionalism. While every effort is made to ensure the reliability of all testing and related services, certain limitations are inherent to the nature of scientific testing and the use of third-party products.

9.2. The Client acknowledges that some services may involve third-party products or supplies, such as testing kits. DriverCheck does not manufacture these products and therefore cannot warrant their performance or be held liable for any defects. Additionally, all testing processes are subject to recognized scientific margins of error and limitations in accuracy, which are industry-standard and beyond DriverCheck’s control.

9.3. Except as expressly stated in these Terms, DriverCheck makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability or fitness for a particular purpose. The Client expressly waives any such warranties to the fullest extent permitted by law.

9.4. In the event that a test conducted by DriverCheck fails to meet applicable service specifications due to an error attributable to DriverCheck, the Client’s sole and exclusive remedy shall be the reperformance of the test by DriverCheck.

10. Indemnification and Limitation of Liability

10.1. Each Indemnifying Party shall indemnify and hold harmless the Indemnitees from and against any and all Claims incurred or sustained as a result of the Indemnifying Party’s breach of these Terms or its negligence or willful misconduct.

10.2. The liability of DriverCheck, whether arising in contract, tort, negligence, statutory liability, or any other legal theory, shall be limited to direct damages actually incurred by the Client. In no event shall DriverCheck’s total aggregate liability exceed the fees actually paid by the Client to DriverCheck under these Terms during the six (6) months immediately preceding the first event giving rise to the claim. DriverCheck shall not be liable for any loss of profit, revenue, or opportunity, nor for any punitive, exemplary, aggravated, indirect, or consequential damages, even if advised of the possibility of such damages. The Client hereby waives any right to claim such damages against DriverCheck.

10.3. DriverCheck shall not knowingly breach or infringe any third-party intellectual property rights, including patents, copyrights, trademarks, industrial designs, or trade secrets, in the performance of the Services. DriverCheck shall indemnify the Client against any third-party Claims arising directly from such a breach or infringement by DriverCheck.

10.4. The Client acknowledges that DriverCheck is applying the Client Policies at the direction of the Client and DriverCheck’s application of the Client Policies is not and shall not be an endorsement of the Client Policies. The Client is solely responsible for ensuring that the Client Policies comply with all applicable laws.

10.5. The Client hereby irrevocably and unconditionally releases and discharges the DriverCheck Parties from any and all Claims arising from the application of the Client Policies or from any decisions made by the Client based on those policies. The Client shall indemnify, defend, and hold harmless the DriverCheck Parties from all Claims brought against DriverCheck in connection with the application of the Client Policies or decisions made by the Client based on such policies, provided that DriverCheck has performed the Services in accordance with these Terms.

11. Changes

11.1. DriverCheck may update or modify these Terms from time to time. Any such changes will be posted on DriverCheck’s website. Where required by applicable law, DriverCheck will provide more prominent notice of material changes.

11.2. It is the Client’s responsibility to review these Terms regularly to ensure awareness and understanding of the current version. The date at the top of these Terms reflects the most recent revision.

12. Governing Law

12.1. These Terms, the performance of the Services under them, and any related proceedings shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws provisions.