Renter Terms and Conditions
1. Introduction
VSdrive is a peer-to-peer car rental marketplace where Renters can search, book and pay for renting vehicles listed by Owners. These Renter Terms and Conditions (hereinafter “Renter Specific Terms”) outline the rights and obligations of users who book/rent vehicles through the Platform (hereinafter “Renter/s,” “you,” or “your”). Please carefully read these Renter Specific Terms before renting a vehicle through the Platform.
These Renter Specific Terms form part of the VSdrive Marketplace Terms of Service and should be read in conjunction with the Privacy Policy. These Renter Specific Terms, VSdrive Marketplace Terms of Service and Privacy Policy are collectively referred to as the “Agreement.” Unless expressly specified otherwise in these Renter Specific Terms, all words shall have the meaning as defined in the VSdrive Marketplace Terms of Service.
2. Bookings, Payments and Vehicle Collection
2.1. Booking a Vehicle
After your user account has been verified, you may book a vehicle through the Platform by following the steps outlined in our Booking Guide.
You will be able to view the full booking fee payable on the checkout page. The booking fee includes the total rental amount of your selected vehicle, vehicle delivery/return fee (if you opt for the vehicle to be delivered and picked up from a specific location), security deposit (if applicable), plus VSdrive Service Fee, which is calculated as a fixed percentage of the total rental amount for the booking period (“VSdrive Service Fees”). Please note that VSdrive Service Fee may vary according to the daily rental fee of your booked vehicle. VSdrive Service Fee for vehicles with a daily rental fee of $800 or more is 10% of the total rental amount, while the VSdrive Service Fee for vehicles with a daily rental fee of $799 or less is 15% of the total rental amount.
Please carefully review all amounts displayed on the checkout page. When you are ready to make the booking, you will be required to provide us with your payment card details and authorize the full amount. Please note that your booking fee does not include any additional charges you may incur, including but not limited to any fines for traffic rules violations, tolls, cleaning fees, etc., which may be billed to your payment method if applicable.
Once your booking is confirmed, you can access and manage your booking through your user account on the Platform. You will also receive notifications for the pick-up/delivery and return of the vehicle.
2.2. Collection and Return of Vehicle
Depending on your selection at the time of your booking, you can choose to collect the vehicle yourself or have it delivered to you at the start of your booking period and return it yourself or have it collected from a specified location at the end of your booking period. Whichever option you select, we will send you reminder notifications at least two hours before collection and return time.
You will be required to present your driver’s license to the Owner or the Company employee before you can receive the keys to the vehicle. If you cannot present your driver’s license, you will not be able to receive the vehicle and the keys. Vehicles can only be released to Renters after the Owner or a Company employee has checked the Renter’s driver’s license.
You understand that any vehicle you book through the Platform is owned by other Platform users (“Owner/s”). The Owner, and not the Company, shall be responsible for compliance with all legal requirements, including but not limited to ensuring that the vehicle is safe and in roadworthy condition, is registered and insured.
Please ensure that you are returning the vehicle in a similar condition to as it was when you collected it. Any vehicles returned without a full tank of fuel or in a dirty or damaged condition will incur applicable cleaning fees and other charges.
2.3. Liability for Fines, Tolls, and Excess Mileage
Depending on your selection at the time of your booking, you can choose to collect the vehicle yourself or have it delivered to you at the start of your booking period and return it yourself or have it collected from a specified location at the end of your booking period. Whichever option you select, we will send you reminder notifications at least two hours before collection and return time.
You will be required to present your driver’s license to the Owner or the Company employee before you can receive the keys to the vehicle. If you cannot present your driver’s license, you will not be able to receive the vehicle and the keys. Vehicles can only be released to Renters after the Owner or a Company employee has checked the Renter’s driver’s license.
You understand that any vehicle you book through the Platform is owned by other Platform users (“Owner/s”). The Owner, and not the Company, shall be responsible for compliance with all legal requirements, including but not limited to ensuring that the vehicle is safe and in roadworthy condition, is registered and insured.
Please ensure that you are returning the vehicle in a similar condition to as it was when you collected it. Any vehicles returned without a full tank of fuel or in a dirty or damaged condition will incur applicable cleaning fees and other charges.
3. Booking Cancellations and Refunds Policy
Both Renters and Owners may cancel a booking through the Platform without incurring any liability, provided such cancellation is made more than 24 hours before the scheduled start time of such booking (hereinafter “Free Cancellation Period”). We encourage Renters to promptly communicate their intention to cancel/amend a booking to the Owner and the Company through the Platform. Please note that your failure to communicate any booking cancellation or amendment requests to the Owner in accordance with the provisions outlined hereunder may result in forfeiture of your booking fee.
Both Renters and Owners may cancel a booking through the Platform without incurring any liability, provided such cancellation is made more than 24 hours before the scheduled start time of such booking (hereinafter “Free Cancellation Period”). We encourage Renters to promptly communicate their intention to cancel/amend a booking to the Owner and the Company through the Platform. Please note that your failure to communicate any booking cancellation or amendment requests to the Owner in accordance with the provisions outlined hereunder may result in forfeiture of your booking fee.
3.1. Consequences of Cancellations
3.1.1. All cancellations made by Renters within the Free Cancellation Period will be eligible for a full refund.
3.1.2. Subject to the exceptions outlined in section 3.1.3 below, the Renter will incur a cancellation fee in the following circumstances:
a) If the Renter does not show up within 1 hour of the scheduled booking start time (“Renter no-show”) and the Renter fails to inform the Company or the Owner of the delay, the Renter will incur a cancellation fee equal to 100% of the full booking fee; or
b) If the Renter is unable to present a valid driver’s license to the Owner or a Company employee, or if the Renter sends another person in his/her stead to collect the vehicle, the Renter will incur a cancellation fee equal to 60% of the full booking fee.
3.1.3. Please note that the Renter no-show in section 3.1.2(a) above shall not give rise to a cancellation fee if the following requirements are met:
a) The Renter no-show was a result of a flight delay, flight cancellation, or lost luggage issue; and
b) The Renter contacts the Owner through the Platform to reschedule the booking start time; and
c) The Owner cannot or does not agree to reschedule the booking.
Provided the Renter meets the requirements mentioned above, the Renter will be eligible to receive a full refund for the cancelled booking upon presentation of relevant documentary evidence to the Company. Please note that the Renter is obliged to submit all such documentary evidence to the Company within 48 hours of the scheduled start time of the cancelled booking.
3.1.4. The cancellation fee exemption outlined in section 3.1.3 above does not apply in instances where the Renter’s flight was cancelled more than two days before the scheduled start time of the booking. In all such cases, the Renter will forfeit the full booking fee.
3.1.5. Any cancellations made by a Renter outside the Free Cancellation Period due to vehicle safety or cleanliness concerns will be eligible for a full refund. Please note that the Renter is obliged to immediately contact the VSdrive customer support team to be eligible to receive a full refund.
3.1.6. If the Owner does not show up within 1 hour of the scheduled booking start time, the booking will be deemed to have been cancelled by the Owner, and the Renter will be entitled to receive a full refund.
3.1.7. If an Owner cancels a booking through the Platform, the Renter will be entitled to a full refund of the booking fee paid by the Renter.
3.1.8. Where eligible, all refunds are issued in accordance with our refunds policy.
3.2. Refund Policy
All refund requests are handled on a case-by-case basis. If the Company decides to grant you a refund, such refund will be made to the original payment method used by you. The processing of refund payments may take time; please wait at least 15 days after the refund has been processed for the payment to appear in your account.
4. Automobile Liability Insurance
All vehicles booked through the Platform insure you against any third-party liability of up to CAD$2,000,000 for the duration of the booking. This insurance is acquired from the Insurance Corporation of British Columbia (ICBC). Renters will be liable for physical damage for the rented vehicle. By booking through the platform, renters agree to pay up to $2000 in comprehensive(optional) insurance deductible in case of an accident.
5. Accidents, Insurance and Liability for Damage
If you have been involved in an automobile accident, please immediately contact us at +1 (778)-722-0339 and report the accident to the police. Please visit our FAQ to learn more about the steps you should take in the event of an accident.
Although insurance is included in your booking fee, please note that ICBC will determine the responsibility for the accident. If ICBC determines that you were responsible for the accident, you will be liable for the payment of deductible. For the avoidance of any doubt, insurance included in your booking fee does not cover any damage to the tires or the interior of the vehicle. Accordingly, if you are found to be responsible for the accident, the Company reserves the right to withhold the security deposit paid by you at the time of the Booking to cover the costs of any repairs that are not covered by the insurance.
6. Vehicle theft or Missing Vehicles
You acknowledge and agree that you are under a legal obligation to return the booked vehicle at the scheduled return time and place. If you wish to extend the booking, you may only do so through the Platform by sending a request to the Owner. If the Owner declines your request for an extension, you must return the vehicle as scheduled. Your failure to return the vehicle at the scheduled time may give rise to us reporting the vehicle as stolen, and you may incur criminal and civil liabilities.
In the event the vehicle is stolen during the booking period or is otherwise missing, you are under a legal obligation to immediately report the incident to the police and the Company.
7. Acceptable Use of the Vehicle
All vehicles offered by Owners through the Platform are offered for your personal and non-commercial use only. By booking a vehicle through the Platform, you specifically agree:
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To use the vehicle in compliance with all applicable laws;
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To exercise all reasonable care and follow all safety protocols during your use of the vehicle;
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To collect the vehicle at the scheduled start time;
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To present a valid driver’s license to the Owner or Company employee before accessing the car;
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To return the vehicle at the scheduled booking end time.
You will be financially liable for any damage, loss, costs or claims as a result of your non-compliance with this provision.
8. Prohibited Uses
You agree not to engage in any prohibited use of the vehicle. Prohibited uses include but are not limited to:
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Allowing anyone other than the Renter to drive the vehicle;
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Driving the vehicle without a valid license;
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Allowing more passengers than the vehicle is designed to transport. For example, allowing five passengers in a four-seater vehicle;
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Smoking or using any recreational drugs in the vehicle booked through the Platform. Any violations of this provision will result in a fine of up to $800, and repeat offenders will be banned from the Platform;
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Driving under the influence of alcohol above the legal limit or under the influence of any other drugs that may impair your ability to safely operate the vehicle;
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Using the vehicle in any race or competitions;
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Using the vehicle for any unlawful purposes/to conduct any illegal activity;
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Using the vehicle to transport weapons, ammunition, flammables, toxic or dangerous substances;
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Using the vehicle to transport pets without the express authorization from the Owner to do so. Please note that any violation of this provision may result in the Renter becoming liable for the payment of cleaning fees;
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Using the vehicle to transport human or animal remains or other animal products without the express consent of the Owner;
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Making any modification whatsoever to the vehicle;
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Intentionally or negligently causing any damage to the vehicle;
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Leaving the vehicle unattended with the keys inside.
If you are not unsure whether your intended use of the vehicle will constitute a prohibited use, please contact us at support@vsdrive.ca before booking the vehicle.
9. Renter Representations
By booking a vehicle through the Platform, you represent that:
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You have a valid driver’s license, and you will present your license to the Owner or a Company employee at the time you collect the vehicle;
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If you cease to be a legally licensed driver during the booking period, you will immediately communicate the change in status to the Company and cease driving the vehicle;
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You will not allow any unapproved individuals to drive the vehicle;
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You will use and return the vehicle in the same conditions as it was when you received it.
10. Disclamier
All vehicles booked through the Platform are provided by the Owners and not the Company. Although our legal agreement requires Owners to ensure that their vehicle meets all applicable safety standards, is in a roadworthy condition and has a clean title, we are unable to offer you any warranties that the booked vehicle meets any or all of these requirements. The Company will not be responsible for and shall not be liable for the safety, roadworthiness or legal status of any vehicle listed/booked through the Platform.
Owner Terms and Conditions
1. Introduction
VSdrive is a peer-to-peer car rental marketplace where Owners can list their vehicles for rent, and Renters can book and pay for renting a vehicle. These Owner Specific Terms and Conditions (hereinafter “Owner Specific Terms”) outline the rights and obligations of users who list their vehicles for rent through the Platform (hereinafter “Owner/s,” “you,” or “your”). Please carefully read these Owner Specific Terms before listing and accepting bookings for your vehicle through the Platform.
These Owner Specific Terms form part of the VSdrive Marketplace Terms of Service and should be read in conjunction with the Privacy Policy. These Owner Specific Terms, VSdrive Marketplace Terms of Service and Privacy Policy are collectively referred to as the “Agreement”. Unless expressly specified otherwise in these Owner Specific Terms, all words shall have the meaning defined in the VSdrive Marketplace Terms of Service.
2. Listings, VS Manage and Revenue
2.1. Listings and Vehicle Collection
After your user account has been verified, you can list your vehicle on the Platform by following the steps outlined in our Listing Guide. Please note that you can only list vehicles that you either own or otherwise have all rights and authorizations to list on the Platform.
Vehicle Condition
Before listing your vehicle on the Platform, please ensure that your vehicle meets our vehicle eligibility criteria. Any false or fraudulent information about the condition of your vehicle will constitute a material breach of this Agreement, and the Company reserves the right to immediately suspend your user account, withhold any amounts due to you and take appropriate legal action against you.
Pricing and VS Drive Service Fee
As the Owner, you have the right to determine the daily rental fee for your vehicle, daily mileage allowance, and any extras you wish to offer Renters (collectively referred to as the “booking fee”). You have the right to change your vehicle’s daily rental fee at any time at your sole discretion. Notwithstanding anything to the contrary, you cannot change the daily rental fee for any existing bookings. Unless you waive the excess mileage fee, Renters will also pay an excess mileage fee according to the excess mileage rate schedule provided by the Company. Owners who opt-in for the VS Manage service will be liable to pay 30% of the booking fee to the Company, and Owners who do not opt-in for the VS Manage service will be liable to pay 25% of the booking fee to the Company (hereinafter “VSdrive Service Fee”).
We will collect the full booking fee from the Renter on your behalf and withhold the applicable VSdrive Service Fee from the booking fee before transferring the balance to your account in accordance with the provisions of this Agreement.
Images
You will be required to submit current images of your vehicle at the time you create the listing. You may only submit images that you own and have all required licenses to publish on the Platform. You shall not use other user’s images for your vehicles under any circumstances.
Listing Approval and Rejection
Once your listing is complete, it will be verified by a VS drive team member. Listing verifications may take up to one business day. You understand and accept that the Company reserves the right to reject any listing request at its sole discretion without providing any reason for its decision. If your listing has been rejected, please do not attempt to submit the same vehicle listing again.
Once the Company has approved your listing, it will be automatically published on the Platform, and Renters can book it for available days.
Availability
Renters can book vehicles on any available days. You are advised to block the days when you do not wish to rent out your vehicle. When you receive a booking, unless you cancel the booking in accordance with the Booking Cancellation Policy outlined in section 3 below, you will need to make the booked vehicle available to the Renter for the booking period.
Unless you have opted-in to use the VS Manage service, if a Renter selects the vehicle delivery option, you will be required to deliver the vehicle to the Renter at the time and location specified in the booking. Where a Renter has selected to pick up the vehicle, you will be responsible for ensuring that the vehicle is available at the location specified in your listing at the agreed time. You understand and accept that it is solely your responsibility to check the Renter’s driver’s license to ensure that it is valid and all the details match those provided by the Renter in the booking. Any loss or damage suffered by you during a booking for which you did not check the Renter’s documents before vehicle handover will be solely your responsibility, and you release the Company from all liability for any such loss or damage suffered by you.
2.2. VS+ Manage
VS+ Manage service offers Owners a hassle-free way to generate revenue by renting their vehicles through the Platform. VS Manage service includes the VS Delivery and Return, VS Inspection and VS Safety+ Service.
Owners who opt-in for the VS Manage service pass the responsibilities for delivering/collecting the vehicle and inspection of the Renter’s document and vehicle to the Company. An authorized Company representative fulfils these obligations on behalf of the Owner. The Company may also offer to install GPS tracking devices for luxury vehicles with the Owner's consent. The Owners may decline the installation for any advanced tracking system at his/her sole discretion.
To learn more about VS Manage, please visit our FAQ.
2.3. Your Revenue and Payment Processing
When a Renter books your vehicle through the Platform, we collect the full booking fee from the Renter on your behalf and hold this amount until the end of the booking period. Once the booking period is complete, we deduct the applicable VS drive Service Fee from the booking fee before transferring the balance (hereinafter “your revenue”) to your linked account. We will release your revenue within three business days after the completion of the booking period. In addition to the VSdrive Service Fee, the Company also reserves the right to deduct any other amounts from your revenue that you owe to the Company.
All payments on the Platform are currently processed by Stripe Inc. Owners are required to either create a new Stripe account or connect their existing Stripe Account through the Platform to receive payments. By signing up for a user account on the Platform, you agree to be bound by Stripe’s terms and conditions, available at https://stripe.com/connect-account/legal. By making use of the Platform, you authorize us to perform all required functions on your Stripe Connected Account to deliver our Services to you.
Please note that nothing in this Agreement restricts us from changing our payment processors.
3. Cancellations Policy
Both Renters and Owners may cancel a booking through the Platform without incurring any liability, provided such cancellation is made more than 24 hours before the scheduled booking start time (hereinafter “Free Cancellation Period”). We encourage Owners to promptly communicate their intention to cancel a booking to the Renter and the Company through the Platform.
3.1. Consequences of Cancellations
3.1.1. Owners are prohibited from cancelling any bookings outside of the Free Cancellation Period. Please note that Owners who repeatedly cancel bookings outside of the Free Cancellation Period will be banned from the Platform.
3.1.2. If an Owner cancels a booking or does not show up within 1 hour of the scheduled booking start time, the booking will be deemed to have been cancelled by the Owner, and the Renter will be entitled to receive a full refund. The Owner will not be entitled to any earnings/booking fee from such cancelled booking.
3.1.3. Subject to the exceptions outlined in section 3.1.4, the Owner shall be entitled to receive earnings from a booking that was cancelled by a Renter in the following circumstances:
a) If a Renter does not show up within 1 hour of the scheduled booking start time and the Renter fails to inform the Company or the Owner of the delay (“Renter no-show”), the Owner shall be eligible to receive earnings equal to 50% of the full booking fee; or
b) If the Renter is unable to present a valid driver’s license to the Owner/Company employee, or if the Renter sends another person in his/her stead to collect the vehicle, the Owner will be eligible to receive earnings equal to 50% of the full booking fee.
3.1.4. The Owner shall not be entitled to any earnings from Renter cancellations if:
a) The Renter’s cancellation under section 3.1.3 (a) above was due to flight delays, flight cancellations, or lost luggage, and:
i) The Renter had contacted the Owner through the Platform communicating the issue and requested to reschedule the booking; and,
ii) The Owner could not or did not agree to such rescheduling of the booking; or,
b) A Renter cancels a booking outside the Free Cancellation Period due to vehicle safety or cleanliness concerns, and the Renter does not accept the keys for the vehicle.
Please note that the exemption outlined in section 3.1.4(a) above does not apply if the Renter’s flight was cancelled more than two days before the scheduled booking start time. In all such cases, the Owner shall be eligible to receive the full booking fee.
4. Payments for Cancelled Bookings
Whenever you are eligible to receive booking fees for any cancelled bookings, all such payments shall be processed and paid like normal booking fees in accordance with section 2.3 of this Owner Specific Terms.
5. Automobile Liability Insurance
All vehicles booked through the Platform have a third-party liability of up to CAD$2,000,000 for the duration of the booking. This insurance is acquired from the Insurance Corporation of British Columbia (ICBC).
6. Insurance and Vehicle Damage
6.1. Insurance
All vehicles listed on the Platform must have optional coverage. The Company does not provide any optional cover during the booking period. If you already have optional cover for your listed vehicle, you may continue to use your existing optional cover while you rent your vehicle through the Platform. However, if you do not have an optional cover, you will be required to purchase such coverage from ICBC with a maximum deductible amount not exceeding CAD$1000 For further information, please contact ICBC.
6.2. Accidents and Vehicle Damage
If your vehicle has been involved in an automobile accident, the Company will contact you immediately upon becoming aware of the incident. ICBC will determine the responsibility for the accident, and if the investigation reveals that the Renter was responsible for the accident, the Renter will be liable for the payment of deductible on the vehicle. However, if the other party is found to be responsible, then you will be entitled to receive settlement payments from that other party’s insurance policy.
Renters are responsible for paying for any damage arising from the abusive use of the vehicle. If you believe that a Renter’s actions caused any damage to your vehicle, you must immediately report such damage to the Company within 24 hours after the scheduled booking end time (“reporting period”). You agree to cooperate with the Company or any third party nominated by us in the investigation of such damage. If the investigation concludes that the damage was caused by Renter’s abusive use of the vehicle, then you will be eligible to receive reimbursement for such damage from the Renter.
You understand and accept that the Company will not accept any reports of damage to the vehicle after the reporting period has elapsed.
6.3. Exceptions
Notwithstanding anything to the contrary, Renters are not liable to pay the Owner for any normal wear and tear to the vehicle or for any personal property belonging to the Owner that was left in the vehicle.
6.4. Fraudulent and Frivolous Claims
You are prohibited from submitting any false or incomplete information to the Company to initiate any unjust investigations against a Renter. You understand and accept that any act of initiating a fraudulent or frivolous claim against a Renter will constitute a material breach of this Agreement, and the Company reserves the right to immediately terminate this Agreement, withhold any payments due and payable to you and/or take any other appropriate legal action against you.
7. Owner Representations
By listing your vehicle, you make the following representations:
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Your listing is accurate and complete, and you will honour the offer you are making in your listing;
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You are the owner of the vehicle you list on the Platform or have all relevant rights and authorizations to list the vehicle on the Platform;
● This Agreement does not violate any other agreement to which you are a party or by which you are bound, including, without limitation, any non-competition, non-solicitation, confidentiality, non-disclosure or invention ownership agreements.
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The vehicle you list is safe to drive, roadworthy, in good condition, insured, with a clean title and satisfies all applicable legal requirements of your jurisdiction;
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The listed vehicle has a clean, non-salvaged, non-written off, non-washed and non-branded title;
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The vehicle you list on the Platform has valid registration information and minimum insurance required by applicable law; and
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You will comply with any and all applicable laws, including but not limited to any personal vehicle sharing legislation that applies to you.
8. Owner Obligations
By listing your vehicle on the Platform, you agree to fulfil all your obligations under this Agreement. You specifically agree that:
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You will carefully review the vehicle eligibility criteria and only list your vehicle if it meets the vehicle eligibility criteria;
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You will perform routine checks on your vehicle to ensure that there are no defects that may impact its safety or operation;
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You will respond to any vehicle recalls from the manufacturer and take all recommended steps to ensure the safety of the vehicle before listing it on the Platform;
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You will make the vehicle available at the scheduled booking start time and follow the vehicle handover protocol, including checking the Renter’s driver’s license is valid, and it matches the details provided in the booking;
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You agree not to:
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Allow Renters to book your vehicle when it is not in a roadworthy condition;
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List vehicles that are reported as stolen or missing;
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Allow Renters to book your vehicle that is subject to a safety recall before taking the recommended steps.
9. No Guarantee of Income
You understand and accept that we cannot offer you any guarantees as to any earnings/income during the term of this Agreement. We cannot assume any responsibility for your success on the Platform, and you accept full responsibility for your financial performance on the Platform.
You understand and accept that we do not have any control or influence on any Renter’s decision to book any specific vehicle from a specific Owner. The Platform only provides a marketplace where Owners can list their vehicles for rental, and Renters can search, book, and pay for renting their selected vehicle.
The Company will not be held liable for the Owner’s success or failure to achieve any specific financial or business goals during this Agreement.
10. Data Protection
When you receive a booking through the Platform, we will share some personal information about the Renter with you to enable you to check the Renter’s information before handing over the vehicle. You understand and accept that you are responsible for protecting the Renter’s personal information. You agree not to use the Renter’s personal information for any purposes other than to complete the booking transaction. To the extent your processing of such Renter’s personal data is governed by the General Data Protection Regulation 2016/679 (GDPR), you are a processor of such personal data. You are responsible for protecting the Renter’s personal data by complying with all applicable provisions of the General Data Protection Regulation, including but not limited to safeguards to avoid unauthorized access to the Renter’s personal data. You may not share the Renter’s information with any third parties, except as authorized by the Company. You are expressly prohibited from sending any direct marketing communication to the Renter using the personal data shared by the Company with you.
To learn more about GDPR, please visit https://gdpr-info.eu/. For more information on the Company’s privacy practices, please visit our Privacy Policy.
Terms of Service
Welcome to VSdrive, a peer-to-peer car rental marketplace. The website located at www.vsdrive.ca (the “Website”) and the VSdrive mobile application (“App”) are hereinafter collectively referred to as the “Platform.” The Platform is owned and operated by VS Auto Management Inc, a Company formed and operating in accordance with the laws of Canada from its head office in British Columbia (the “Company,” “VSdrive,” “we,” “us” or “our”).
These Terms of Service and our Privacy Policy are collectively referred to as the “Agreement” or the “Terms.” This Agreement governs your (“you,” “your” or “user”) access and use of the Platform, including all related resources, software features/functionality, support and other services provided by the Company to you (collectively the “Service”).
IN SOME JURISDICTIONS, SERVICES OFFERED BY THE COMPANY MAY REQUIRE YOU TO AGREE TO ADDITIONAL TERMS AND CONDITIONS THAN THOSE OUTLINED IN THIS AGREEMENT. ALL SUCH APPLICABLE ADDITIONAL TERMS AND CONDITIONS WILL BE DISCLOSED TO YOU BEFORE YOU USE/ACCESS THE SERVICES IN SUCH JURISDICTIONS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND ANY ADDITIONAL TERMS AND CONDITIONS, THE LATTER WILL TAKE PRECEDENCE WITH RESPECT TO YOUR USE OF THE SERVICE.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, SO PLEASE CAREFULLY READ THIS AGREEMENT. PLEASE DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.
BY PROCEEDING TO USE THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE AGREEMENT.
Table of Contents
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Eligibility
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Definitions and Interpretation
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The Service
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Account Registration, Verification and Security
4.1. User Account Registration
4.2. User Account Verification
4.2.1. For Renters
4.2.2. For Owners
4.3. Consumer Report Authorization
4.4. Account Security
5. Services Fees and Applicable Taxes
6. User - Generated Content
6.1. License Grant to the Company
6.2. Ratings and Reviews
6.3. Disclaimer
7. Company Content
8. Copyright Infringement Notice
9. Prohibited Activities
10. Insurance
11. Dispute Resolution
12. User Account Termination
13. Electronic Communication
14. Android and IOS Disclaimer
15. DISCLAIMER OF WARRANTIES
16. LIMITATION OF LIABILITY
17. Waiver
18. Indemnification
19. Governing Law
20. Amendments
21. Sever-ability
22. Contact and Feedbacks
23. Force Majeure
1. Eligibility
The Platform is only available to users who are at least 19 years of age or older. If you are under the age of 19, you are expressly prohibited from accessing the Service.
When you enter into this Agreement on behalf of an organization or other legal entity, you represent that you have the authority to act on behalf of such organization/entity and bind the former to this Agreement.
2. Definitions and Interpretation
The following words shall have the meaning as defined hereunder:
Owner：refers to a user who lists his vehicle on the Platform for rent.
Renter：refers to a user who is the primary driver for a Booking and/or any secondary driver authorized by VSdrive.
The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein.
All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require.
If this Agreement is made available in more than one language, the English language version shall prevail.
3. The Service
The Company provides an online marketplace where Owners can list their vehicles for rent, and Renters can search, book, and pay for renting a vehicle subject to the terms and conditions of this Agreement.
Once a vehicle is booked through the Platform, the vehicle will either be collected by the Renter or delivered to the Renter, depending on the booking request. Owners who deliver the vehicle themselves receive a delivery fee; however, Owners can also use the VS Manage service, where a VSdrive team member will collect the vehicle from the Owner and deliver it to the Renter following the Company protocol. To learn more about our VS Manage service, please visit our FAQ.
Please note the acceptance and approval of any user account on the Platform does not constitute an endorsement of such user or any vehicle by the Company. The Company will not be responsible for any misrepresentation by any user or for any actions or omissions whatsoever of any user.
This Agreement does not apply to any rental transactions conducted between users outside of the Platform.
PLEASE NOTE THAT WE ARE NOT A RENTAL CAR COMPANY, TRANSPORTATION PROVIDER OR INSURER. WE DO NOT OWN THE CARS THAT ARE LISTED ON OUR PLATFORM. WE ONLY PROVIDE AN ONLINE PLATFORM WHERE OWNERS AND RENTERS CAN EASILY FIND EACH OTHER TO ENTER INTO A CAR SHARING/RENTAL AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. ALL CARS LISTED ON THE PLATFORM ARE OFFERED BY OWNERS, AND WE WILL NOT BE RESPONSIBLE FOR ANY USER’S OR OTHER PARTY’S ACTIONS/OMISSIONS, EITHER ONLINE OR OFFLINE.
WE ARE A TECHNOLOGY COMPANY, AND OUR RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE PLATFORM FUNCTIONALITY. YOUR DECISION TO USE THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
4. Account Registration, Verification and Security
4.1. User Account Registration
All users are required to sign-up for an account on the Platform (hereinafter “user account”). To sign-up for a user account, you will be required to provide us with your full name, email address, mobile phone number and select your user account password.
Please note that both Renters and Owner will be required to provide the Company with some additional information when renting or listing a car on the Platform. The Company will process all personal information in accordance with our Privacy Policy. You are obligated to provide us with only correct, current and complete information when requested by the Company.
You also grant us the right to share your personal information with other users and third parties in accordance with the provisions of this Agreement. In the event of any change in your information, you accept full responsibility to update your information by accessing your user account. The Company reserves the right to terminate your user account or restrict your access to our Service if we suspect that you have provided us with fraudulent or incomplete information. Please carefully review our Privacy Policy prior to creating a user account and do not submit any personal information if you do not agree with our Privacy Practices.
4.2. User Account Verification
You must verify your user account to rent or list a vehicle on the Platform.
4.2.1. For Renters
If you wish to rent a vehicle through the Platform, you will be required to get your user account verified by uploading your driver’s license through your user account. Please note that users licensed in British Columbia must hold at least a Novice (N) license and a G2 for Ontario. For all other jurisdictions, you can rent a vehicle if your driver’s license permits you to drive alone without any requirement of being accompanied by another experienced driver.
4.2.2. For Owners
If you wish to list your vehicle for rental through the Platform, you will be required to get your user account verified by uploading your driver’s license. The VSdrive team will notify you once your user account has been verified. Please allow at least 24 hours for your user account to be verified.
Please note that we may request you to submit additional information for verification purposes. By submitting all requested information, including any vehicle information, you represent that you meet all the eligibility criteria and agree to abide by all the provisions of this Agreement, including vehicle eligibility (as applicable). For the avoidance of any doubt, the Company does not make any representations or offer any warranties regarding the safety, roadworthiness or legal status of any vehicles listed on the Platform. The Owners are legally obliged under this Agreement to ensure that their vehicle complies with all the vehicle eligibility criteria set by the Company.
You understand and accept that we may use third-party services to verify your identity. Any information that you provide during your user account registration may be shared with such a third party for identity verification purposes.
4.3. Consumer Report Authorization
Due to the nature of our Services, there may be instances where we need to access your personal and/or business auto insurance score, credit report, or conduct a background check on you (including a criminal background check). In compliance with applicable consumer reporting law, you hereby give us your written instructions and authorization to obtain any of the information mentioned in the preceding paragraph.
Please note that the Company is not under any legal or moral obligation to offer any user account, and we may decline to offer a user account at our sole discretion and without providing any reasons for our decision.
4.4. Account Security
You are solely responsible for the safety of your user account. You agree to keep your user account login credentials confidential and not to disclose this information to others. You understand and accept that the person whose payment details are linked to the user account will ultimately be responsible for all transactions conducted through that user account. If you suspect any unauthorized activity on your account, please immediately contact us at supprt@vsdrive.ca
5. Service fees and Applicable Taxes
Our Fees for the provision of Services to Owners and Renters are specified in the Owner Specific Terms and Renter Specific Terms, respectively. We reserve the right to change our Service Fees, add new Services at an additional fee and/or offer discretionary discounts on our Service Fees to either new or existing users. Please note that all discounts are offered by the Company at its sole discretion, and the Company is not under any legal obligation to offer any discount to any user.
By providing the Company with your payment method, you represent that you are authorized to use the payment method. You further authorize the Company or a third-party payment processor to store your payment details for future use, including charging your payment methods for any amounts you owe to the Company or another user, in accordance with the provisions of this Agreement. Please note that we reserve the right to withhold your payments or chargeback your payment account for any amount that you owe under this Agreement.
You understand and accept that the Company’s role includes facilitating payments between Renters and Owners; accordingly, the Company is acting as a limited payment agent for the Owner. In some jurisdictions, we may facilitate the collection and remittance of applicable taxes from or on behalf of Renters and Owners (as applicable). By using the Service, you agree to such collection and remittance of applicable taxes.
6. User - Generated Content
Our Fees for the provision of Services to Owners and Renters are specified in the Owner Specific Terms and Renter Specific Terms, respectively. We reserve the right to change our Service Fees, add new Services at an additional fee and/or offer discretionary discounts on our Service Fees to either new or existing users. Please note that all discounts are offered by the Company at its sole discretion, and the Company is not under any legal obligation to offer any discount to any user.
By providing the Company with your payment method, you represent that you are authorized to use the payment method. You further authorize the Company or a third-party payment processor to store your payment details for future use, including charging your payment methods for any amounts you owe to the Company or another user, in accordance with the provisions of this Agreement. Please note that we reserve the right to withhold your payments or chargeback your payment account for any amount that you owe under this Agreement.
You understand and accept that the Company’s role includes facilitating payments between Renters and Owners; accordingly, the Company is acting as a limited payment agent for the Owner. In some jurisdictions, we may facilitate the collection and remittance of applicable taxes from or on behalf of Renters and Owners (as applicable). By using the Service, you agree to such collection and remittance of applicable taxes.
Any content, resources, materials you publish on the Platform, including but not limited to your profile, the photos of vehicles you list on the Platform, ratings and reviews for the vehicles you rent and other similar content is hereinafter referred to as your “User Content” or “User-Generated Content.”
6.1. License Grant to the Company
We do not claim any ownership of your User Content; however, by posting, uploading or sharing your User Content through the Platform, you grant us an irrevocable, royalty-free, transferable, non-exclusive, sub-licensable, perpetual, worldwide license to access, use, view, copy, transfer, distribute, modify, adapt, publicly display, perform, transmit, broadcast, and otherwise exploit your User Content to deliver, promote and market our Services. You hereby waive any claims to present or future compensation arising from the Company’s use of your User Content. You agree not to assert any publicity rights or any moral rights against the Company for using your User Content.
6.2. Ratings and Reviews
The Company may allow Renters who make bookings through the Platform to rate their rental experience and write a text review. These ratings and reviews are designed to help Owners build a reputation in the Platform and for prospective Renters to make informed decisions when making bookings. All ratings and reviews on the Platform are the personal opinions of users and not the Company’s opinion. The Company will not assume any responsibility or liability for the content of any rating or review on the Platform. Under no circumstances will the Company be held responsible for any loss, claim or damage incurred by any user due to any negative rating or review. Unless expressly specified otherwise, the Company will not pre-screen, modify, refuse, or filter any ratings and reviews. The Company may modify or remove any rating and review from the Platform under the following circumstances:
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If a review contains typographical error, we may rectify such error;
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If a review contains language that is deemed obscene, discriminatory or otherwise inappropriate, we may hide such review from public view;
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If a review violates any applicable laws, we may delete such review;
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If we receive instructions by court order to remove a review, we will delete such review; and
Where we deem a review to be spam, we will delete such a review.
6.3. Disclaimer
The Company shall not be liable for any errors, omissions or inaccuracies in your User Content, and you shall be solely responsible for your User Content. By posting/uploading your User Content, you represent that you have all necessary rights and licenses to your User Content, and your use of your User Content on the Platform does not violate anyone’s rights. You hereby indemnify the Company from any liability arising out of or associated with your User Content made available through the Platform.
7. Company Content
The Platform contains content including but not limited to text, graphics, logos, trademarks, audio, video, interactive features, software and the like (hereinafter “Company Content”) that is either owned by or licensed to the Company. All Company Content is protected by applicable copyright and other intellectual property laws and international conventions.
You understand that the Company and its licensors reserve all rights, title, and interest in their respective intellectual property. Nothing in this Agreement transfers any rights, title or interest in any Company Content to you except the limited right to access and use the Company Content in accordance with the provisions of this Agreement. The Company grants you a limited, revocable, non-exclusive, non-transferable license to use the Company Content and User Content solely in accordance with the provisions of this Agreement and for your personal and non-commercial use only.
The Company owns all rights in VSdrive trademarks, service marks, trade names, brand names, and logos (collectively “VSdrive Marks”). You shall not remove any copyright, trademarks or other similar proprietary notices from any Company Content. Any trademark that appears on the Platform that the Company does not own is the intellectual property or such trademark owner.
Any license granted herein shall immediately terminate if you cease to be an account holder on the Platform. You acknowledge and agree that by submitting any feedback, suggestions, or ideas to the Company, you are granting the Company a perpetual right to use, in any manner, either by incorporating it into the Service or introducing a new service, without any obligation to compensate you.
The Company reserves all rights that are not expressly granted to you herein.
8. Copyright Infringement Notice
If your copyrighted content is published or otherwise made available on the Platform without your authorization or appropriate license, please send a valid notice to our designated copyright agent with all of the following information:
A written description of the copyrighted content that is alleged to have been infringed;
The page where your copyrighted content that is alleged to have been infringed is made available
Your contact information, including your name, phone number, and email address;
A statement that:
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The copyright owner or its agent does not authorize such copyrighted content's use;
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The information contained in the notice is accurate and under penalty of perjury that you are either the owner of an exclusive right that is allegedly infringed or authorized to act on behalf of such copyright owner to communicate with us regarding the copyright infringement.
An electronic or physical signature of the copyright owner or agent authorized to act on their behalf.
The written notice must be sent to:
VSdrive
4170 Still Creek Drive
Suite 200
Burnaby BC V5C 6C6
Canada
9. Prohibited Activities
The user shall not engage in any prohibited activities outlined below. The user specifically agrees not to:
9.1. Use the Platform for any unlawful or unauthorized purposes;
9.2. Use the Platform for contacting other users without any intention to book or list the vehicle through the Platform;
9.3. Interact with other users in a discriminatory manner whether based on race, disability, age, sexual orientation, or gender identity;
9.4. Publish any contact that is actually or potentially defamatory, libellous;
9.5. Interfere with another user’s User Content on the Platform including but not limited to copying, downloading or otherwise using any vehicle images from other user’s listings;
9.6. Harass or threaten any Company employees, agents or affiliates or any other user;
9.7. Copy or store any content made available through the Platform for other than your own personal use;
9.8. Post any content that may be deemed harmful to the Company or its users;
9.9 Infringe the Company’s or any other person’s proprietary rights;
9.10. Provide false or incomplete information when requested by the Company;
9.11. Submit any false claims of damage to the vehicle;
9.12. Create multiple user accounts on the Platform;
9.13. Impersonate another user or use another user’s user account credentials to access the Platform;
9.14. Create a user account on behalf of another individual.
9.15. Sell, rent or otherwise transfer your user account to another person or authorize any other person to use your user account;
9.16. Disinter-mediate the Company by accepting or initiating any offers to complete payments for the bookings outside the Platform;
9.17. Make use of the Service to create a competitive product/service;
9.18. Post, upload, or otherwise publish any content or material on any third-party websites that falsely suggests, expressly or implicitly, that the Company has endorsed or sponsored that content;
9.19. Interfere with or disrupt the operation of the Service;
9.20. Modify, adapt, translate, or reverse engineer any portion of the Platform;
9.21. Scan, test or probe the vulnerability of the Platform;
9.22. Breach or circumvent any security measures used by the Company to protect the Platform;
9.23. Intentionally or unintentionally cause harm or subvert the Platform’s function by introducing any viruses, trojan horses, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete or interfere with any system, data or information stored on our servers;
9.24. Engage in any activity that imposes an excessive or disproportionately large load on the Company's IT infrastructure;
9.25. Make use of any bots, spiders, scraping/retrieval applications or other similar automated routines to scrape any information from our database or other parts of the Platform;
9.26. Use any alternative means to access the Platform other than the means provided by the Company; and
9.27. Bring the Company into disrepute.
10. Insurance
We are not an insurance company, and we do not insure either Owners or Renters. All vehicles listed on the Platform are provided with a mandatory third-party liability cover of up to $2,000,000 for bodily injury and property damage that arises from the use of the rented vehicle during the rental period. For further information on accidents, claims, and financial responsibility, the Owners should review Owner Specific Terms, and Renters should review Renter Specific Terms.
11. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT IMPACTS HOW ANY DISPUTES BETWEEN PARTIES ARE RESOLVED.
In the event of any disputes arising between you and the Company, both Parties agree to make a bona fide effort to first resolve such a dispute informally. The Party initiating the claim agrees to provide a written summary of the dispute to the other Party as soon as the dispute arises. If the claim is being initiated by a user, the written summary of the dispute must be sent to the Company at , and if the claim is initiated by the Company, the written summary of the dispute will be sent to the email address linked to the user’s account. Please note that any written response received by the Parties during the informal dispute resolution shall be deemed in the nature of settlement discussions and shall not be admissible in any further proceedings if the dispute is not resolved informally.
12. User Account Termination
12.1. Termination by User
You may terminate your user account at any time by contacting us. Please note that you will not be able to terminate your user account if your user account has any bookings pending completion. Any outstanding payment obligations at the time of your account termination will survive such suspension or termination.
12.2 Termination by Company
The Company reserves the right to terminate your access to the Platform, at any time and without providing any prior notice if:
12.2.1. You violate the terms of this Agreement;
12.2.2. You violate any applicable laws;
12.2.3. We believe that your conduct is harmful to the Company or any of its users;
12.2.4. We deem it necessary to protect the Company, its users, or the wider public.
13. Electronic Communication
When you sign-up for a user account, you are entering into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means. .
For the purposes of this Agreement you:
13.1. Expressly consent to receive communications from the Company in an electronic form; and
13.2. Agree that all the Terms, notices, disclosures, and other communications that the Company provides you electronically satisfy any legal requirement that such communication should be in writing.
14. Android and iOS Disclaimer
14.1. By downloading and signing up for the App, you acknowledge and agree that the App is designed for use on a mobile device that uses the Android or iOS operating system;
14.2. The App is only available through Google Play Store and Apple App Store;
14.3. Google Play Store and Apple App Store are owned and operated by Google Inc and Apple Inc, respectively. Google Inc and Apple Inc are hereinafter referred to as the "App Store Company."
14.4. App Store Company is not a party to this Agreement and will not be responsible for the App;
14.5. The App Store Company does not offer any warranties for the App, and the App Store Company is not responsible for any maintenance of the App or provision of any support services for the App;
14.6. The App Store Company shall not be responsible for any other claims, losses, liabilities, damages, or expenses with respect to the App;
14.7. Any claim, action, or dispute relating to the App must be brought against the Company only;
14.8. The App Store Company is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.
15. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE COMPANY DISCLAIMS ANY WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. THE COMPANY NEITHER REPRESENTS NOR WARRANT THAT: (1) THE USE OF THE PLATFORM WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE OR SECURE; (2) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED; (3) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (4) THE QUALITY OF ANY LISTINGS, VEHICLES, OWNERS, OR RENTERS; AND/OR (5) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY RISK ASSOCIATED WITH YOUR USE OF THE PLATFORM, INCLUDING ANY VEHICLES LISTED/RENTED BY USERS THROUGH THE PLATFORM, REMAINS SOLELY AND ABSOLUTELY WITH THE USER WHO USES THE PLATFORM TO LIST/RENT A VEHICLE, AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, OR ITS EMPLOYEES, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ITS OFFICERS WILL BE HELD LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING ANY LOSS OF PROFIT, GOODWILL, DATA, OR THE COST OF ACQUIRING SUBSTITUTE SERVICES), WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTED WITH: (1) THE AGREEMENT, (2) THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, (3) ANY INTERACTION BETWEEN USERS, INCLUDING ANY VEHICLE BOOKED OR LISTED THROUGH THE PLATFORM, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS/DAMAGES.
THE COMPANY WILL NOT BE HELD LIABLE FOR ANY MISREPRESENTATIONS BY ANY USER DURING THEIR INTERACTION WITH OTHER USERS, ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE SERVICE.
EXCEPT FOR THE COMPANY’S OBLIGATIONS TO PAY ANY AMOUNTS DUE AND PAYABLE TO OWNERS OR RENTERS IN ACCORDANCE WITH PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY IN THE ONE MONTH PRECEDING THE EVENT WHEN THE CLAIM FIRST AROSE, OR (2) FIFTY DOLLARS (CAD$50).
17. Wavier
YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE TO MAKE CLAIMS AGAINST THE COMPANY OR ITS OFFICERS AND ANY OTHER USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH (1) THE VEHICLE NOT BEING AVAILABLE AT THE SCHEDULED BOOKING START TIME OR RETURNED AT THE SCHEDULED BOOKING END TIME, (2) ANY ISSUES YOU MAY EXPERIENCE WITH A VEHICLE, (3) THE LEGAL STATUS OF A VEHICLE, (4) THE DRIVER’S LICENSE OF A RENTER, (5) ANY ACTIONS OR OMISSIONS OF AN OWNER OR RENTER.
YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS FROM ALL UNKNOWN RISKS ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE PLATFORM. YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR OTHER SIMILAR LAW APPLICABLE TO YOU, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. ”
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND THE WAIVER SET FORTH ABOVE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND WAIVER SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18. Indemnification
You hereby agree to release, defend and indemnify the Company, its subsidiaries and their respective shareholders, directors and employees (collectively "Company and its officers") against all claims, damages, losses and expenses, including reasonable legal fees, arising out of or in connection with:
18.1. Your breach of this Agreement;
18.2. Your use of the Service;
18.3. Your listing or booking through the Platform;
18.4. Your interactions with other users;
18.5. Your User Content.
19. Amendments
We reserve the right to modify these Terms, at any time, at our sole discretion. Where we make any changes to these Terms, we will notify you of such changes either by email or by posting the updated Terms on this page. Unless a different effective date is specified, any changes to this Agreement shall be effective from the date the amended version of these Terms is published on this page. The amended version will supersede all previous versions. We advise you to review these Terms regularly to familiarise yourself with any material changes.
We also reserve the right to introduce new Platform features and functionality, remove or modify any existing features, as well as the right to discontinue the Service in its entirety at our sole discretion. The Company will not be liable to you for the consequences of any changes to this Agreement or our Service on you or your revenue.
By continuing to use the Service after the effective date of the amended Terms, you agree to be bound by such updated Terms.
20. Sever-ability
If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary, and such elimination will not affect the validity and enforceability of any remaining provisions.
21. Contact us
If you have any questions or concerns about this Agreement, please feel free to contact us by email at . Alternatively, you can also write to us at the address provided below:
22. Feedback
We welcome our users' feedback about our Service and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback or suggestions to us, you understand that you are granting us a fully-paid and exclusive, irrevocable, perpetual, and worldwide license to use or share your submission, as we deem fit, and without any restriction or compensation to you, either now or ever in the future. You understand and accept that the Company has the right to use your feedback or suggestion in any manner, and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are not confidential in nature and will not be protected by any confidentiality agreements.
23. Force Majeure
Neither the Company nor any user shall be liable for the failure to perform any of its obligations under this Agreement if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.