Thank you for your interest in Ride!

Please read these terms of service carefully as they contain important information that affects your rights, remedies, and obligations. They include an agreement to arbitrate (unless you opt out). These terms also include a prohibition of class and representative actions and non-individualized relief for all matters in either court or arbitration, various limitations and exclusions, a clause that governs the jurisdiction, venue, and governing law of disputes, except where prohibited, and obligations to comply with applicable laws and regulations.

Introduction

Riderentals ltd (collectively, “Riderentals” “Ride”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles referred to as renters. Ride is accessible online including at riderentals.co and as an application for mobile devices. The Ride websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Ride users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and RideRentals Ltd.

These Terms, together with the Ride privacy policy, cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Riderentals (each a “Party” and together, “the Parties”).

Modification.

 Riderentals reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Ride Account within 30 days. If you choose to close your Ride Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for renters who meet our eligibility requirements in the location where the vehicle is booked and owner who directly(Individual Car owner) or indirectly(Through Car rental Firms and brokers) claim ownership of the vehicle. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “Ride Account”). You can create a Ride Account by providing us your first and last name, your mobile number, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a renters you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner , you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Ride Account up to date at all times. Based on information you provide, Ride may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, Ride has implemented reCAPTCHA , and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use.

Verification

Where permitted, Ride has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Ride does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Ride may in its sole discretion 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 Ride to request, receive, use, and store such information. Ride may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Ride may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require Car Owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Consumer Report Authorization. 

When you attempt to book or list a vehicle, or at any time after where Ride reasonably believes there may be an increased level of risk associated with your Ride Account, you hereby provide Ride with written instructions and authorize Ride, in accordance with the applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for renters. You can verify the amount for your trip at checkout before you submit your trip request. Car Owners can view earnings on the dashboard and learn more about earnings breakdown . When you provide Ride a payment method, you authorize Ride, or third-party service providers acting on behalf of Ride, to store your payment credential for future use in the event you owe Ride any money. You authorize Ride to use stored payment credentials for balances, including for Trip costs, fuel fees, and incidental fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.

Collection of fees

Ride and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Ride, or the collection agencies we retain, may also report information about your Ride Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Ride Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Ride reported to a credit bureau, please contact us.

Taxes

In certain jurisdictions, Ride may enable the collection and remittance of certain taxes from or on behalf of renters or owners, based on existing and future tax regulations, including digital service tax or car sharing regulations. The amount of taxes, if any, collected and remitted by Ride will be visible to, and separately stated, to both renters and car owner on their respective trip related documents and invoices. Where Ride is facilitating the collection and remittance of taxes, car owner are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.

Your commitments

You agree that you will always use your Ride Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Riderentals.

Account Activity.

 You are, and will be solely responsible for, all of the activity that occurs through your Ride Account. Keep your Ride Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ride Account, whether or not you have authorized such activities or actions. You will immediately notify Ride of any actual or suspected unauthorized use of your Ride Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Ride Account unless you have reported unauthorized access to us.

Content

Ride Content and User Content License.

Subject to your compliance with the provisions of these Terms, Ride grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Ride and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ride or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content.

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Ride promotional campaigns, you grant Ride a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Ride photography provided to car owners, Ride does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

1. Violate any law, including:

• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
• Post false, inaccurate, misleading, defamatory, or libelous content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Ride, or that comes from the Services and belongs to another Ride user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Ride

  2.Dilute, tarnish, or otherwise harm the Ride brand in any way, including:

• Through unauthorized use of the Services and/or user content
• Registering and/or using "Ride/riderentals" or derivative terms in domain names, trade names, trademarks, or otherwise
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Ride domains, trademarks, taglines, promotional campaigns, or Ride and/or user content

   3. Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information
• In relation to a claim (for example about damage to a vehicle)
• By registering for a Ride Account on behalf of an individual other than yourself
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

  4.Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to Ride or another user
• Fail, as either a renter or car owner, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
• Use the Services to find a renter or car owner, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Ride (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your Ride Account and/or user ID to another party without our consent
• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Ride in certain limited circumstances

  5. Harm or threaten to harm users of our community, including:

• Harass, stalk, or defame any other Ride user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a renter or car owner in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Ride community

   6. Sue or assert legal claims against Ride or a Ride user in any manner prohibited or waived by these Terms

  7.Use the Services for your own unrelated purposes, including to:

• Contact another Ride user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
• Commercialize any content found on the Services or software associated with the Services, including reviews
• Harvest or otherwise collect information about users without their and our consent
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Ride, without our prior written approval

  8.Interfere with the operation of the Services, including by:

• Interfering with any other user’s listings
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Ride or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Ride name, any Ride trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Ride
• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Ride or any of our service providers or any other third party (including another user) to protect the Services
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
• Endeavoring to circumvent a suspension, termination, or closure of your Ride Account or the account of another Ride user, including, but not limited to, creating a new Ride Account or listing vehicles affiliated with or registered to a Ride Account holder that has been suspended, terminated, or closed

Other legal matters

Violations.

Ride has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Ride reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Ride, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Ride, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Ride Account and access to the Services, remove Car Owner content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement.

When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you.

 You agree that Ride may contact you by electronic means (e.g., electronic mail; notifications via Ride messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Ride Account or Ride Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Ride is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Ride and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Ride or its agents for quality control and training purposes. You acknowledge and understand that your communications with Ride may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through help.

Non-disparagement.

The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans.

Ride is not an insurance company and does not insure renter or car owner. Renter or car owner protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, renter or car owner must comply with these Terms.

Specific terms for renters

The following sections also apply if you book a vehicle using the Services:

Renters commitments

As a renters, you commit that you will be a legally licensed driver and provide proof to the Car Owner or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Renters financial responsibility for physical damage to the vehicle

The renters that booked the trip (“primary renters”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault.

Primary renters may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Ride, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Ride to make a claim for coverage under any policy of insurance that applies to the loss.

The primary renters can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary renters may have to pay out of pocket included in any protection plan only applies (1) if the primary renters and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.

Most Car Owners offering a vehicle for sharing on the Services cannot offer a personal accident  insurance cover to you. All protection plans insurance offered on the Services include are limited to coverage under an vehicle cover-  the vehicle’s standard statutory insurance policy offered by an insurance agency or an insurance firm, provision of which shall be the sole responsibility of the Car Owners..

Booking with Commercial Car Owners/Car rental Firms

If you book with a commercial Car Owner/Car rental firm, no additional protection plan, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by Ride or any third-party insurance partners, brokers, or producers. The Car Owner will bill you directly for any optional or additional applicable protection plan after booking, not through the Services. In these circumstances, a Car Owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. A Car Owner may also have additional requirements that differ from Ride requirements (like requiring a credit card deposit). By booking a vehicle where a Car Owner is providing additional protection or roadside assistance, you agree that the Car Owner may impose additional terms and fees after booking.

Use of the vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through ride railing apps or delivering food or other packages) unless you have express written permission from the Ride Legal Department in advance .You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the Car Owner with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Ride has any concern about your use of a vehicle, Ride may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Car Owner. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact us. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each Car Owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described in our pre ride instructions to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Ride, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Ride team immediately through our help widget or through a call to our customer support number listed.

No responsibility for shared vehicles

You acknowledge that Ride is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require Car Owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Incident reporting

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Ride through our help widget , or call us immediately through our listed telephone numbers. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Ride or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Ride, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Ride staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the Car Owner and/or designated in your reservation
• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services .
• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the Car Owner. Any damage to, or loss or theft of, a vehicle occurring prior to the Car Owner inspecting the vehicle upon return at the end of the reservation is the renters’s responsibility
• If you misrepresent facts to the Car Owner pertaining to booking, use, or operation of vehicle
• If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
• If you fail or refuse to communicate in good faith with the Car Owner, police, Ride, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the Car Owner, or who misrepresents or withholds facts to/from the Car Owner or Ride material to the booking, use, or operation of vehicle

The primary renters who books the reservation is responsible for any private investigation costs Ride deems necessary to recover a vehicle that is not returned. In addition, a Kes 20,000 case administration fee will be imposed on the primary renters if Ride and/or the Car Owner has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession.

Ride, a hired agent of Ride, or the Car Owner may repossess any vehicle booked through the Services without demand, at the renters’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles.

If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the Car Owner, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the Car Owner, law enforcement, Ride, and other authorities in all matters related to the investigation.

Specific terms for Car Owners

The following sections also apply if you share your vehicle through the Services:

Car Owner commitments

As a Car Owner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a renters who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a renters. You will not cancel a booking for the purpose of seeking a higher price from a renters. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Ride does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a renters. You will repay loans related to your Ride business on time and in full.

Information given at registration

When you sign up for Ride, you will identify  vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the Ride vehicle eligibility requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.

Listing only on the Services

You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in Ride’s sole discretion. This does not limit Commercial Car Owners’ (as defined below) ability to maintain their own rental car business or prohibit a vehicle from being listed on ride sharing or other delivery services when not on a Ride reservation.

Ride photography

Ride may offer Car Owners the option of having photographers take photographs of their vehicles and/or Car Owners with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Ride listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Ride is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Ride’s ownership or registration thereof. You acknowledge that Ride may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Ride photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Ride. At Ride’s request, you will execute documents and take such further acts as Ride may reasonably request to assist Ride to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Vehicle availability

Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the renters. If you offer the renters the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Ride and ensure that the vehicle is available at that location at the beginning of the reservation period. Always ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, earnings, and payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Ride will pay you the amount collected from renters that book your vehicle, less the applicable fees payable to Ride. To the extent you owe Ride or any third party lender money for any reason, Ride also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. 

You hereby agree to provide accurate and complete information about you, and authorize Ride to share it and transaction information with its payment processing vendors for the purposes of facilitating the payment processing services. Ride reserves the right to switch payment processing vendors at its discretion.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Ride believes that your vehicle does not conform to reasonable standards, Ride may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Ride may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.

Reporting vehicle damage

If you did not decline a protection plan made available via the Services, and you believe that a renters has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Ride or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Ride is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Ride or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.

Exclusions to physical damage reimbursement and coverage. Protection plans selected by Car Owners on the Services do not apply to:

• Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation
• Normal wear and tear to your vehicle

If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.

Other Car Owner-specific insurance matters.

You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share a vehicle subject to a lease or loan. You agree to provide Ride with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Ride or a wholly owned subsidiary of Ride as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, renters, or private entities to recover your vehicle, as necessary.

Missing vehicles

If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the Car Owner, must immediately contact a Ride representative and follow his or her instructions, including cooperating with Ride, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Ride to file a police report, you must do so within 24 hours of receiving those instructions.

Indemnification of Car Owner

If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a renters (or by Ride itself), subject to your compliance with these Terms and the Policies, Ride or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Ride or its insurers prompt written notice of the claim, allow Ride sole control over the defense of the claim, and provide Ride reasonable cooperation in its defense of the claim, at Ride’s expense. If Ride or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Ride any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Ride.

Additional terms for Commercial Car Owners/car rental Firms

If you decline a protection plan made available via the Services (such as if you choose to offer your own commercial/rental policy to renters) or where no protection plan is offered via the Services you are a "Commercial Car Owner."

In exchange for keeping more of the trip price for yourself, when you decline a Ride protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your vehicles, and any renters or approved drivers of all of the vehicles you list on Ride.

You further acknowledge and agree that you shall receive no protection or coverage from Ride or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle when you have chosen to provide your own commercial rental insurance. You shall add Ride as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Ride, or those acting on behalf of Ride, including but not limited to statements made on the Services, these Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans, insurance, and roadside assistance otherwise offered to Car Owner and renters when the Car Owners do not decline protection via the Services.

Ride reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Ride has any concerns in this regard, you agree that Ride can automatically, and in its sole discretion, default all of your vehicles to a protection plan of our choice, along with its associated fees (if offered in your region), remove your listings, or suspend your Ride Account.

If you lose the ability to offer commercial rental insurance to your renters (for example, your policy has been canceled or non-renewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). If you need to permanently change the protection plan for your vehicle(s) back to a protection plan made available via the Services, contact us through the help widget. Never let a renters pick up a vehicle or continue to use a vehicle without providing them insurance coverage.

You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise renters with hidden costs or requirements at pick-up. Ride reserves the right, in its sole discretion, to default your vehicles to a protection plan of our choice, remove your listings, or suspend your Ride Account for failure to be transparent with renters about fees, costs, and requirements in your vehicle listing page.

You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Ride to prove with certainty. You will pay Ride defined charges per breach in liquidated damages to compensate Ride for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.

You shall defend, indemnify, and hold Ride, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your renters or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined a protection plan made available via the Services or one is not available in your region.

Dispute resolution

Pre-arbitration dispute resolution.

 Should a dispute or claim arise between us, you and Ride agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration or court process where applicable, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at customerservice@riderentals.co . Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Ride. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. Any settlement offer made by you or Ride shall not be disclosed to the arbitrator.

Applicable law.

This Terms of Service and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Kenyan law.

Agreement to Arbitrate. 

Subject to the exceptions below, all claims and disputes whatsoever arising pursuant to or in connection with this Terms of Service, including any question regarding its existence, enforceability, validity, interpretation or termination (Dispute) shall be referred to and finally resolved by arbitration in Kenya in accordance with the provisions of the Arbitration Act of Kenya (Act No. 4 of 1995) as amended by the Arbitration (Amendment) Act, 2009 (Act No.11 of 2009) or any other Act or Acts for the time being in force in Kenya in relation to arbitration or any statutory modification or re-enactment for the time being in force, by a single arbitrator to be appointed by agreement between the Parties or, failing agreement within fourteen (14) days of notification by either Party to the other of the existence of a claim or dispute the arbitrator shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators-Kenya Branch on the application of either Party.

For the purposes of this arbitration clause: the language of the arbitration shall be English; each party shall bear its own costs of preparing and presenting its case. The costs of arbitration (including fees and expenses of the arbitrator) shall be shared equally between the parties unless the award provides otherwise; and the determination of the arbitrator shall be final and binding upon the parties and, so far as the law permits, not subject to appeal.

Each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of Kenya to support and assist the arbitration process including if necessary the grant of interlocutory relief pending the outcome of that process.

 Exceptions to Agreement to Arbitrate

The only exceptions to this Agreement to Arbitrate are as follows:

1. Disputes or claims that can be brought in the Small Claims Court of Kenya.
2. Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
3. Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

The Parties agree that all communications, evidence, and rulings or awards in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Severability. 

It is expressly understood and agreed that although the Parties consider the restrictions contained in this Agreement to be reasonable, legitimate and necessary for the purpose of preserving the goodwill, proprietary rights and going concern value of each Party, if any provision of this Agreement or the application of any such provision to any Party or circumstance shall be determined by any court, tribunal or other body of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such provision to any Party or circumstance other than those to which it is so determined to be invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be enforced to the fullest extent permitted by law.

 If the final judgment of any court, tribunal or other body of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Parties hereto agree that the court, tribunal or other body of competent making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration or area of the term or provision, or to delete specific words or phrases, and to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.

Future amendments to the Agreement.

 Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Ride makes any amendment to the Agreement in the future, if you do not agree to the amended terms, you may close your Ride account immediately upon our posting or notification.

Prohibition of class and representative actions and non-individualized relief.

 The parties agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, whether in court or arbitration. Unless the parties agree otherwise, the court or arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the court or arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users, subject to the above exception allowing public injunctive relief to be sought in court but only if that exception is found to apply.

General provisions

Termination

You may discontinue your use of the Services at any time and Ride may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Ride may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, renters and Car Owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.Neither Party may assign any of its rights and obligations under this Agreement without the previous written consent of the other Party. 

Disclaimers

Ride provides services, online platforms and applications that enable the sharing of vehicles and optional extras between car owners and renters. Except as otherwise provided in these terms, ride does not itself provide vehicle sharing, rental services, and/or insurance services and is not responsible for any of the acts or omissions of any of the users of its services, the manufacturer of the vehicle or any optional extras, or any third party provider of services (e.g. in-vehicle gps or other systems). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, RIDE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, INSURANCE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Ride makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ride makes no warranty with respect to the Car Owners expected profits either as marketed or otherwise. Ride makes no warranty regarding the quality of any listings, vehicles, Car Owners, renters, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Ride, Ride Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein. The Car Owners shall be solely responsible and liable for the reporting and payment of any applicable municipal, county or national taxes, presently applicable or instituted during the term of the Agreement with respect to their fees and earnings under the Agreement.

Limitation of liability and waiver

You waive and discharge any and all rights you have to sue or make claims against ride and any of its subsidiaries, directors, officers, agents (including third-party administrators, insurance producers, and insurance providers), or employees (together, the “ride parties”) and any ride user for any damages or losses, whether due to negligence or otherwise, arising out of or in connection with the following: (1) vehicle availability (e.g., a vehicle not being available or returned when it was supposed to be), (2) problems with a vehicle (e.g., any malfunction of or deficiency with a vehicle), (3) vehicle warranty issues (e.g., any breach of warranty or other obligation by any manufacturer or other third party associated with the vehicle), (4) the legal or license status of a vehicle, car owner, or renters, (5) third party assessments of a vehicle's value, or (6) any action or inaction of a car owner or renters.

You agree that neither ride nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, or consequential damages (including lost profits, data, or goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services), whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, arising out of or connection with the following: (1) the agreement, (2) the services (including listing or booking of any vehicle or optional extra via the services), or (3) inability to use the services.

Except for our obligations to pay amounts to applicable Car Owners or renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Ride Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a renters in the twelve month period prior to the event giving rise to the liability, or if you are a Car Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) Kes 10,000

You also waive and discharge any and all rights you have to sue or make claims against any ride user for any damages or losses arising out of or in connection with your use of the services unless (1) you are a car owner who has declined a protection plan via the services and are making a claim against a renters who booked a vehicle for which you opted to provide your own commercial/rental insurance or coverage to the renters, or (2) you are a renters who booked a vehicle from a car owner who opted to decline a protection plan via the services and such car owner opted to provide insurance or protection directly to you and you are making a claim against that company/car owner.

The above limitations of liability and waiver provisions are fundamental elements of the basis of the bargain between ride and you. They shall apply to the extent permitted by applicable law, and any aspects of them that are deemed void or unenforceable shall be severed while leaving the remainder in effect.

Indemnification

You agree to release, defend, indemnify, and hold Ride and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Ride and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Ride to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Ride domains, trademarks, or taglines without Ride's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Ride Parties or a Ride user in any manner prohibited or waived herein, (4) as a Car Owner, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a Car Owner, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a Car Owner, offering any vehicle or releasing a vehicle to a renters that is not roadworthy or is otherwise in an unsafe condition, (7) as a Car Owner, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Ride account that has the effect of circumventing Ride’s suspension, termination, or closure of another Ride account. You will pay Ride Kes 20,000 per breach in addition to such  liquidated Damages to compensate Ride for any such conduct as may be applicable. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Ride and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Ride is Not a Car rental company /Car hire firm /Fleet-tracking firm

Ride is neither a car rental company nor a car hire firm. It does not own a fleet of vehicles, does not provide insurance services and is not in the business of renting vehicles to the public. Ride is not a fleet tracking firm and does not commit to track vehicles and individuals on the platform. Ride provides an online platform where vehicle owners and those in need of a vehicle(Car renters) can meet and share vehicles amongst themselves subject to these Terms.

Rounding off

Ride may, in its sole discretion, round up or down amounts that are payable from or to Car Owners or renters to the nearest whole functional base unit in which the currency is denominated unless explicitly prohibited under applicable law.

Translations

Where Ride has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Non-waiver

No waiver by either Party of any breach by the other Party of any terms of the Agreement shall be deemed to be a waiver of any preceding or succeeding breach of this Agreement.

General

Ride does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Ride and Ride will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Ride concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Ride. You will remain responsible for your obligations hereunder in any event. A Ride Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.