By accessing or using the Services, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms. If You do not agree, then please do not use the Services.
The Effective Date of this Agreement is August 16, 2018.
Vinty reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason, with or without notice to You (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Platform. Vinty may provide notice of significant changes to this Agreement as required by law.
Your use of the Services following the posting of any Updated Terms constitutes Your unconditional acceptance and agreement to be bound those changes. You must cease using the Services immediately if You do not agree to be bound by the Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Services from that point forward.
Vinty reserves the right to enforce rules to encourage a positive atmosphere in our community. As a condition of Your use of the Services, You agree that:
· You must be 21 years of age or older to use the Services
· You are solely responsible for Your interaction with other Users of the Services, whether online or offline;
· You are responsible for any activity that occurs under Your registered username;
· Vinty reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users;
· You may not impersonate any other person, User or company or upload or post any content that You know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents Your identity or affiliation with Vinty;
· You may not post pornographic materials (this includes nude, partially nude, or sexually suggestive photos);
· You may not promote violence or describe how to perform a violent act;
· You must not abuse, harass, threaten, impersonate, or intimidate other users or use the Services to harass others in any manner.
· You may not use the Services for any illegal or unauthorized purpose(s) including, without limitation, to violate any law, contract, intellectual property or other third-party right or commit a tort
· Users who opt to communicate directly with other Users, to pursue transactions, to leave ratings/reviews, or otherwise, promise to act with decorum and respect. No profanity or personal attacks are permitted. Vinty reserves the right to remove offensive content and to block Users from directly communicating with other Users in the future. Vinty also prohibits the use of user communications, ratings, or reviews for non-Vinty-related purposes such as advertising or solicitation. Users found to be misusing Vinty’s forums for non-Vinty-related purposes may be blocked from using these forums, or may be blocked from using the site entirely.
The above list contains examples and is not intended to be complete or exhaustive. Vinty does not have an obligation to monitor Your access to or use of the Services or to review or edit any information posted to the Services, by users. However, Vinty has the right to do so for the purpose of operating the Services, to ensure Your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
You agree to the following conditions for Your use of the Services:
· Vinty reserves the right to refuse Services to anyone for any reason at any time.
· Vinty reserves the right to force forfeiture of any username or account that becomes inactive, violates this Agreement, defames, or may mislead other users.
· Vinty reserves the right to reclaim usernames or accounts on behalf of businesses or individuals that hold legal claim or trademark on those usernames or accounts.
· To the extent Your conduct, in our sole discretion, violates this Agreement, Vinty may limit or terminate the Agreement, Your account, and Your Services, and seek other remedies
· Vinty cannot be responsible for prohibited content posted on its Services, so You nonetheless may be exposed to such materials and do so at Your own risk.
· In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Vinty reserves the right to update, change, or cancel the transaction.
· Vinty has not reviewed, verified, or authenticated any of the content on Services, so such content may include inaccuracies or false information. Thus, Vinty makes no representations, warranties, or guarantees in connection with its Services relating to the quality, suitability, truth, accuracy, or completeness of any content related to the Services.
You shall not:
· Access or try to access non-public areas of the Services, Vinty computer systems, or the technical delivery systems employed by Vinty for its Services;
· Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Services or any content from Vinty , including but not limited to, posted items, Customer profiles, Content as described below, or other user(s) information;
· Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services. Create or submit unwanted email or comments to any users;
· Gather and use user information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation;
· Transmit any worms or viruses or any code of a destructive nature.
· Develop any third-party applications that interact with the Services without our prior written consent.
· Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks, or labels contained on or within the Services.
. Falsify or delete any author attributions, legal notices, or other labels of the origin or source of the material.
· Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations, or otherwise violate such laws or regulations, that may be amended from time to time
· Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in Your jurisdiction.
You may be required to establish an account on the Platform (an “Account”) to access certain portions of the Platform. When you create an account with Vinty in order to interact with the site and receive services, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). It is a condition of your use of the Site that you provide complete and accurate information to Vinty. Vinty will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Vinty to request, receive, use and store such information for a reasonable period of time.
Your account, including your user identification and password (the “Account ID”), is personal in nature. Your account is for Your personal use and your Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third-party with the right to access Your Account or Account ID.
You are solely and fully responsible for all liabilities and damages arising from all use of the Platform or Content through Your Account, as any transactions completed through your Account or Account ID (whether lawful or unlawful) will be deemed to have been lawfully completed by You. You will ensure the security and confidentiality of Your Account ID and will notify Vinty immediately if your Account ID is lost, stolen or otherwise compromised.
ON-GOING INFORMATION UPDATES
You promise to update the information you have provided to Vinty in the event of any
changes to your driving record or contact information. Specifically with respect to your contact information, Vinty may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address.
END USER LICENSES
Your License to the Platform. Subject to Your compliance with this Agreement, Vinty will permit You to access and use the Platform solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You may have entered into with Vinty (the “Platform License”).
Your License to the Content. Unless otherwise noted on the Platform, all content, data, or other information provided through the Platform made by Vinty (collectively “Content”) is owned by Vinty. By accepting this Agreement, Vinty grants to You a non-exclusive, non-transferable, and revocable license to use the Platform and Content only for the purposes for which Vinty has provided the Platform to You (“Platform License”). You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Platform, or in any other way exploit any of the Content, software, products, or services contained in the Platform without prior written consent from Vinty.
Our License to Third-Party Content. Certain content may include or be based on data, information, or content provided by You or other independent third-party content providers. By using the Services, You may provide Vinty with content You post including, without limitation, videos, photographs, data, and biographies which, when provided, become “Third-Party Content.” You hereby grant Vinty a non-exclusive, perpetual, irrevocable, transferable license to the Third-Party Content You provide. This license includes, without limitation, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including but not limited to, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
You represent and warrant that You own any Third-Party Content You provide or You otherwise have the right to grant the rights and licenses for the Third-Party Content. Any user determined by Vinty to have engaged in unauthorized copyright may have his/her Account terminated.
You are solely responsible for verifying the accuracy, completeness, and applicability of all Third-Party Content, and for Your use of any such Third-Party Content. Vinty has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Third-Party Content provided through the Platform. Except as set forth in the Platform License, You are granted no licenses or rights in or to any Content or Third-Party Content. If You would like to use the Content in a manner not permitted by this Agreement, please contact Vinty.
DATA COLLECTION AND USE
Public Content. You may have the opportunity to share Your data, content, or ways in which You aggregate data (“Account Content”) with other users, other Vinty customers, and other third parties. When sharing any Account Content, You agree not to share any confidential information. If You have the option of accessing another user's Account content, You understand and agree that the Account Content is being provided by the user, and not Vinty, for information and guidance purposes only, and Vinty and such user are not responsible in any way for Your use of the Account Content.
Data Compilations and Aggregation. You give Vinty permission to combine identifiable and non-identifiable information You enter or upload to the Services with that of other users of the Services and/or other Vinty services. For example, this means that Vinty may use Your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for You to compare business practices with other users.
International Storage. Vinty may access or store personal information in multiple countries, including countries outside of Your own country to the extent permitted by applicable law.
Vinty may monitor Your content. Vinty may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Vinty or its customers, or operate the Services properly. Vinty, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
We may tell you about other Vinty services. You may be offered other services, products, or promotions by Vinty (“Promotions”). Additional terms and conditions and fees may apply. With some Vinty Services You may upload or enter data from Your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Vinty permission to use information about Your business and experience to help us to provide the Promotions to You and to enhance the Services. You grant Vinty permission to combine Your business data, if any, with that of others in a way that does not identify You or any individual personally. You also grant Vinty permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Communications Required by Law. Vinty may be required by law to send You communications about the Services or third party products. You agree that Vinty may send these communications to You via email or by posting them on our Services.
Telephone numbers. You may provide us with Your telephone number as part of Your customer record or registration or via other methods. You understand and agree that Vinty may use Your telephone number for "multi-factor authentication" ("MFA"), to confirm Your identity and help protect the security of Your account. Part of the MFA identity verification process may involve Vinty sending text messages containing security codes to Your telephone number. You agree to receive these texts from Vinty containing security codes as part of the MFA process. In addition, You agree that Vinty may send automated text messages and pre-recorded voice messages to the telephone number You provide for other limited purposes, including: providing You with important critical notices regarding Your use of the Services, or fulfilling a request made by You through the Services.
Vinty reserves the right to investigate, terminate, change, suspend, or discontinue the Services at its sole discretion, including without limitation, the availability of any feature, database, or Content as described below, or Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related content. Users may also terminate this Agreement at any time. However, any obligations and liabilities made by Customer prior to termination of this Agreement shall be strictly enforced.
WARRANTIES AND DISCLAIMERS
You represent and warrant that:
· You have the legal right and authority to enter into this Agreement;
· You have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
VINTY PROVIDES A SITE THAT ENABLES CAR RENTAL SERVICES BETWEEN OWNER(S) AND CAR RENTERS. VINTY DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SITE, THE OWNER(S), THE CAR MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS).
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND VINTY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VINTY WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
LIMITATION ON LIABILITY
VINTY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE PLATFORM, CONTENT, OR SERVICES, EVEN IF VINTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. VINTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES OR $1,000 , WHICHEVER IS GREATER. YOU AGREE THAT VINTY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, VINTY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INTEGRATION WITH THIRD-PARTY SERVICES
Before using any third party integrations, You are encouraged to review the terms on the basis of which the relevant third party provides its product or service that is subject of the integration; and to review personal and technical security of the product or service that is subject of the integration. Vinty shall rely on the fact that the You have reviewed that material.
Vinty shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the third party integrations. Vinty has no control over such third parties and is not responsible for the content of their services. Vinty provides You with third party integrations only for Your convenience. This does not imply any endorsement or any association with such third parties. Vinty does not warrant the use of the third party integrations will be uninterrupted or error free. Any concern regarding the third party services should be directed to the responsible third party.
By using any of third party integrations, You agree that Vinty may allow the providers of those third-party applications access to Your data as required for the interoperation of such third-party applications with our Services. Vinty shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers.
By using any of third party integrations, Customer acknowledges and agrees that
(i) Vinty may transfer said data to the providers of those third-party applications;
(ii) Vinty shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data Vinty provides to such third parties.
CUSTOMER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVES ALL RIGHTS TO HOLD VINTY RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.
You agree to defend, indemnify, and hold harmless Vinty, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorneys’ fees arising out of this Agreement or Your use of the services. These Claims may related to, but are not limited to: (a) any Content submitted or posted by You, in connection with the Services, or any use of the Services in violation of this Agreement; (b) fraud You commit or Your intentional misconduct or gross negligence; or (c) Your violation of any applicable law or rights of a third-party including torts and personal injury. Vinty may select and retain counsel to represent it at Your own expense. Without limitation, reasonable attorney’s fees and costs shall include attorneys’ fees and costs required to enforce this indemnification provision. You shall promptly notify Vinty of any claim or intended suit against Vinty.
DMCA INFRINGEMENT NOTICES
Vinty respects Your copyrights and other intellectual property rights, as well as those of third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email at: [email protected]
Please provide the following information to Vinty’s Copyright Infringement Agent:
· The identity of the infringed work, and of the allegedly infringing work;
· Your name, address, daytime phone number, and email address (if an email is available
· a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
· a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
· Your electronic or physical signature.
In accordance with Section 512(i)(1)(a) of the DMCA, Vinty will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Vinty may provide Services to You via a mobile phone application (“Application”). These Services may include, without limitation, the ability to receive messages from Vinty or provide You with information, products, or services that You have requested or that Vinty thinks may interest You through methods like push notifications or text messages.
Special Terms for Apple iOS Devices. Notwithstanding any other provision within this Agreement, the following paragraphs in this “Mobile Policies” section are applicable only to those Customers using the Application acquired from the Apple App Store on an Apple iOS device (“Vinty iOS App”).
Acknowledgement. You acknowledge that this agreement is concluded between You and Us only, and not with Apple. Vinty, not Apple, is solely responsible for the Vinty iOS App and the content thereof. You further acknowledge that the Kiosk may not be used in any manner inconsistent with the App Store Terms of Service as of the effective date of this Agreement.
Scope of License. You are granted a license to use the Vinty iOS App on any iOS device that You own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the Vinty iOS App, as specified in these Agreement or as required under applicable law. You and Vinty acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Vinty iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a Vinty iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Vinty iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Vinty iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Us.
Product Claims. To the extent Vinty’s liability for claims is not disclaimed or limited by this Agreement, We, not Apple, are responsible for addressing any claims by you or any third party relating to a Vinty iOS App or your possession and/or use of the Vinty iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the Vinty iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. To the extent Vinty’s liability for claims is not disclaimed or limited by this Agreement, in the event of any third-party claim that a Vinty iOS App or your possession and use of such Vinty iOS App infringes that third party’s intellectual property rights, We, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
TERMS FOR RENTERS
INFORMATION PROVIDED TO VINTY
As part of establishing and maintaining your status as an authorized renter through the Platform, You will need to provide certain information about yourself and your driving record. You understand and agree that You must meet the eligibility requirements at all times during Your use of the Services and use of a car obtained through the Platform; if, after initial approval, You later fail to meet the eligibility requirements (e.g., You have a subsequent driving violation that would make you ineligible), You are required to inform us of the change in status, and refrain from renting or driving cars via the Services.
You authorize Vinty, either itself or through a third party consumer reporting agency, to obtain Your driving record, information about your driving history, and other applicable reports at any time, in order to verify that You meet the eligibility requirements of the Platform. You hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, or information service bureau to furnish any and all background information requested by Vinty as it pertains to your motor vehicle or driving record(s). You may withdraw such authorization at any time by contacting Vinty in writing to the address provided in this Agreement, but You understand that such withdrawal may result in the termination of Your Account. You understand and agree that Vinty may periodically request additional verification of eligibility and proper verification of usage from You, and that if you fail to provide satisfactory evidence of Your continued compliance with this Agreement, or fail to disclose any car- and driving-related violations, accidents or other material information, Vinty may terminate Your Account immediately.
FEES AND LOSSES
You are responsible for paying all fees when they come due in connection with your use of the Platform. You authorize Vinty or any third-party payment platform which Vinty may use to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization.
Usage Fees. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period, and You will be responsible for all costs incurred after the rental period, including but not limited to, in the event the car has not been parked in an authorized and legal parking space.
Exhaustion of Personal Insurance. In the event that any damage, losses or other liabilities are incurred during your rental period, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds that must be used to settle such liabilities, and any protection or insurance retained by the owner(s) of any vehicle on the Platform (“Owner”) shall not be used to satisfy such liabilities until your personal insurance has been exhausted. Vinty retains the right to demand that You pay such costs and damages incurred by the Owner as a result of Your use of the car out of Your personal insurance, but Vinty is under no obligation to facilitate such payments.
Operating a vehicle from the Platform while under the influence of drugs or alcohol shall be considered a breach of this Agreement. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Platform and Services.
You agree that in the event damage is reported, Vinty may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car (if such protection package exists).
Nothing in this Agreement is intended to limit your responsibilities or Vinty’s legal rights in connection with your use of the Platform (or any vehicles rented through the Platform) or the Platform.
USE OF THE CAR
You must exercise best efforts to care for the car you are entrusted with. In the event Vinty has any concern about your use of a vehicle, Vinty may terminate your reservation in its discretion at any time and require the return of the vehicle. Vinty retains the right to recover the vehicle from You on behalf of the Owner(s), but Vinty is not obligated to recover the vehicle.
When you rent a car through Vinty, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service, Uber, etc.), unless otherwise agreed in writing with Vinty.
You are required to follow any laws or vehicle regulations during the operation of the car, including but not limited to using seatbelts and using car seats for young passengers. If you have any concerns about your planned use, please contact Vinty customer service at [email protected]
You also acknowledge that using a vehicle in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.
CONDITION OF THE CAR.
You understand that, unless otherwise specifically noted, the cars offered through the Platform are owned by the Owner(s) and are not owned or maintained by Vinty. Each Owner is responsible for maintaining and repairing the car(s) they offer through the Platform in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period.
You must complete a visual inspection of any rented car before you begin Your use of the car. If you find damage in your initial inspection, You must notify Vinty immediately to avoid any confusion about Your role in the cause of the damage, or You may be held liable for any damage. As an alternative, You and the Owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which You as the renter should not be liable. If You find damage on Your initial inspection and fail to report it, Vinty may assume that the damage occurred during Your rental period. If, after Your initial inspection, You believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Vinty team immediately via email.
If you decide to cancel your reservation, please contact us right away by emailing [email protected] We offer a full refund if you notify us via email at least 15 days prior to your reservation date, and a 50% refund if you notify us at least 72 hours prior to the reservation date. If Vinty receives any notice of cancellation within 72 hours of the reservation date, You will not be entitled to a refund. In the unlikely event that an Owner must cancel a reservation, Vinty will provide either a replacement option of equal or lesser value, or a full refund if a replacement option is not available.
You must immediately report any damage to the car you are using to Vinty at [email protected], and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Vinty with a written description of the incident and any other information Vinty may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Vinty, the Owner(s), Vinty and the Owner(s)’ claims administrators and insurers. After an incident, you shall cease using the car unless you have the explicit written permission of Vinty staff or the Owner. Failure to timely report an incident may reduce or invalidate any protection from Vinty.
You understand and agree that Vinty does not provide insurance of any kind to the renter or Owner(s). Renters must look to their personal insurance coverage or that of the Owner(s) for insurance coverage.
TERMS FOR OWNERS
Owner agrees to:
1. Provide complete and accurate information as to each vehicle listed through the Platform.
2. List only vehicles owned by Owner that meet the requirements posted by Vinty on the Platform, which is subject to change from time to time.
3. Verify the identity of the renter by means of checking the renter’s valid driver license.
4. Make the vehicle available for any reservation booked by Vinty and deliver the vehicle to the renter as agreed between renter and Owner. Owner must also include the location of the vehicle on its Platform profile page, Owner must specify driving distance surcharges as applicable, and Owner must ensure that such distance surcharge rates are available at the renter’s specified location at the beginning of the rental period.
5. Maintain the vehicle according to the guidelines set out on the Platform, in a safe and roadworthy condition, consistent with industry safety and maintenance standards for a vehicle of its kind and in a clean and sanitary condition, properly registered and licensed to operate as a passenger transportation vehicle in your state of operation, and suitable for performing the passenger transportation services contemplated by this Agreement.
6. Respond to any recall or similar safety notices and to complete any recommended action promptly.
7. Maintain insurance policies on the vehicle that provide protection against bodily injury and property damage to third parties at levels of coverage that meet minimum insurance levels required by law. This protection requires Owner, without limitation, to: (a) maintain any no-fault coverage required by law that may not be waived by an insured; (b) provide Vinty with a Certificate of Insurance to evidence coverage upon joining the Platform and thereafter every twelve (12) months, at any time insurance coverage changes or upon Vinty’s request; (c) inform Vinty promptly in the event information previously provided changes; and (d) provide roadside assistance as needed for the vehicle. Vinty shall not be responsible for any losses or damages suffered by any party as the result of Owner’s, a renter’s or any third party’s activities under this Agreement or otherwise in connection with the rental of the vehicle.
8. Comply with any and all applicable laws and regulations pertaining to the vehicle, including registration and insurance requirements.
9. Bear all risk of maintenance issues, theft, destruction, damage or bodily injury with respect to Owner’s control of the vehicle, any personal property attached to or in the vehicle and, in connection with bodily injury, any renter or person riding in the vehicle when the vehicle is driven by the Owner. Vinty shall not be responsible for such aforementioned risks unless otherwise agreed in writing.
10. Grant Vinty an exclusive right to arrange for short-term paid rental of any Vehicle Owner chooses to list on the Platform for as long as Owner has an Account with the Platform. Owner agrees to pay to Vinty the amount of any fees that Vinty would have earned under this Agreement if Owner enters into any such short-term paid rentals with any other rental service, company, individual or other entity, and through any other means or mechanism now known or hereafter invented. Either Vinty or Owner can take down any or all car listings at will, at any time. An Owner wishing to remove a listing can do so by deleting the listing via his/her Account.
11. Pay all taxes, payment processing fees and other fees relating to or arising out of its activities under this Agreement, and provide Vinty with all information needed to report income paid to Owner as required by law.
12. Read and follow all of the policies and practices posted on Vinty’s web site, which policies and procedures are fully incorporated into this Agreement by this reference.
OWNER CANCELLATION POLICY
An Owner should only cancel a reservation when reasonably necessary. Owners who must cancel a reservation must contact Vinty as early as possible at [email protected] Note that repeated inability to perform agreed-upon reservations may result in termination of Owner’s Account, at Vinty’s discretion.
OWNER’S REPRESENTATIONS AND WARRANTIES.
Owner hereby represents and warrant that Owner: (a) has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) has not entered into, and during the term will not enter into, any agreement that would prevent Owner from complying with this Agreement; and (c) will comply with all applicable laws and regulations in its performance of this Agreement.
ADDITIONAL OWNER’S RIGHTS.
Owner may withdraw any Vehicle from the Platform at any time unless a rental of that vehicle is in effect. Owner may offer any Vehicle for chauffeured or display rental only. Owner retains the right to demand payment of any additional fees, costs, surcharges or other payments that Owner and renter agree upon.
ADDITIONAL VINTY’S RIGHTS.
Vinty may, in its sole discretion: (a) withhold payments until it has received required tax information from Owner; (b) decline to enforce any right or provision in this Agreement without this decision constituting a permanent waiver of such right or provision or any other right or provision; (c) if Vinty believes that Owner’s vehicle does not conform to reasonable standards, Vinty will notify Owner and reserves the rights to not list or remove the vehicle from the Platform until all concerns have been resolved; (d) maintain during the term of this Agreement insurance related to the Services as determined by Vinty in its reasonable discretion, provided that Vinty is not required to provide Owner with any specific insurance coverage for any loss to Owner or its vehicle.
Vinty shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Vinty.
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, You shall negotiate in good faith with Vinty to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Vinty’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.
For any and all dispute You may have with Vinty, You agree to first contact Vinty and attempt to resolve the dispute informally. In the unlikely event that Vinty has not been able to resolve a dispute within 30 days, You and Vinty each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement and other “Claims”, by binding arbitration.
Unless You and Vinty decide otherwise, arbitration will be conducted in San Diego, California through JAMS/Endispute. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
JURY TRIAL WAIVER
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VINTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
QUESTIONS AND CONTACT INFORMATION
Please contact Vinty if You have any questions about this Agreement at [email protected]
This Agreement is the complete and exclusive agreement between You and Vinty regarding Your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Vinty relating to Your use of the Services (except for other agreements You may have or will enter with Vinty for additional VIP services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.