KINTO Share | Rideshare BC Terms

KINTO SHARE– TERMS OF USE (RIDESHARE and FOOD DELIVERY DRIVERS - BC)

IMPORTANT – PLEASE READ CAREFULLY.

The following terms of use (the “Terms of Use”) govern your use of KINTO Share, owned by Toyota Credit Canada Inc. (“KINTO”, “KINTO Share” “us”, “we”, or “our”) vehicle(s) (the “Vehicle(s)”) and accessories (the “Accessories”) and the vehicle sharing services, including telematics and other technology platforms and web and mobile applications which enable you to register, reserve, access, operate and rent the Vehicles (collectively, the “Applications”). The use of the Vehicles, Accessories and Applications is collectively referred to as the “Services.”

By accessing and using the Services, you agree to be bound by these Terms of Use, which form a contract between you and Toyota Credit Canada Inc. (“TCCI”). TCCI may amend these Terms of Use at any time in its sole discretion. Any material changes, including changes to pricing, fees, or user eligibility, will be KINTO posted on our website. Continued use of the Services after any such amendments constitutes your acceptance of the amended Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services, and if you do not agree to the amended Terms of Use, you must cease using the Services or your continued use of the Services will constitute your acceptance of the amended Terms of Use. The prevailing version of these Terms of Use is posted at www.KINTOshare.ca.

The Vehicles and Applications, all trademarks associated with the Services (the “Trademarks”), and all rights therein are the property of TCCI, its affiliates, partners, vendors, or licensors. These Terms of Use and your use of the Services do not convey or grant any rights to you: (i) in or related to the Services except for the limited licence granted below; or (ii) to use or reference in any manner whatsoever, the Trademarks. You also agree that the Applications incorporate proprietary content, information and material protected by intellectual property and other laws, and you agree that you will not use such content, information, or material in any way whatsoever except as permitted in connection with the use of KINTO Share.

Subject to your compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-sub-licensable and non-transferable licence to: (i) access and use the Vehicles; (ii) access and use the Applications on your personal mobile device; and (iii) access and use any content, information and related materials that we make available to you through the Services, in each case solely in connection with your declared use of the Vehicles for commercial use as a rideshare driver only for Uber.

TCCI and/or its affiliates, partners, vendors, or licensors reserve any rights not expressly granted herein. This licence is restricted to the Province of British Columbia.

As a rideshare or delivery driver for Uber, you are considered a member of KINTO Share and not an employee, contractor or sub-contractor of TCCI or any of its affiliates, partners, agents or vendors.

SIGNING UP

User Accounts

To use the Services, you must apply for a KINTO Share user account (“KINTO Share Account”) by providing us with your name, address, a valid mobile phone number, a valid email address, date of birth, a copy of your valid British Columbia Class 1, 2, 4 driver’s licence and a valid credit card issued in Canada from an accepted payment partner (as an approved payment method). We will use this information, among other things, to determine your eligibility for a KINTO Share Account, to manage your access and your account, to provide you with the Services and to bill you for your use of the Services and related charges described in “Fees and Charges” below. In addition, you will be charged a non-refundable application fee even if your application is denied.

By applying for a KINTO Share Account, you consent to the collection, use, and disclosure by TCCI of your personally identifiable information, including the personally identifiable information contained in your Driver’s Abstract Report, which summarizes your driving offences and convictions and in your criminal background check report, all in accordance with the terms of the KINTO Privacy Policy found on www.KINTOshare.ca/privacy.

We may share your personal information with our affiliates, insurance providers, regulatory agencies, or rideshare platforms (such as Uber) as required to verify eligibility, process claims, or comply with legal obligations. By using the Services, you consent to such disclosures.

You are responsible for your KINTO Share Account.

You may only possess one KINTO Share Account, which you must update and keep accurate. If you do not update the information on your KINTO Share Account (including payment card information), we will not allow you to access and use the Services;
If your driver’s licence is suspended, revoked, or expired for any reason, or you use the Vehicle without your driver's licence, you are prohibited from using the Services;
You are required to maintain the security and secrecy of your KINTO Share Account username and password;
You must not allow others to use your username and password to access the KINTO Share app or website through your account; and
You are responsible for all activity on your KINTO Share Account, with or without your permission or knowledge, which occurs before you give us notice of any unauthorized use.

Eligibility Requirements

You must meet and maintain at all times the following eligibility criteria to become and remain a KINTO Share customer and to use the Services:

General
- meet the minimum age to rent a car in British Columbia.
- hold a valid Class 1,2, or 4 driver’s licence for the Province of British Columbia
- have a valid rideshare specific licence or permit from the municipality in which you are providing rideshare or delivery services;
- keep and maintain good standing with Uber; and
- have proof of insurance from the Private Transportation Company with whom you are licenced.
Traffic Offences
- if you are under 26 years of age, have no more than one minor traffic violation (cell phone or distracted driving violations, failure to stop, seatbelt violation) committed within or outside of Canada;
- if you are 26 years of age or over, have no more than two minor traffic violations (cell phone or distracted driving violations, failure to stop, seatbelt violation) in the past three years committed within or outside of Canada;
- have no major traffic violations (such as speeding between 50km and 60 km over the speed limit, failure to report an accident, speeding in a school zone) in the past three years within or outside Canada;
- have no driving-related criminal/serious convictions (such as impaired driving, carrying hazardous substances, driving while licence under suspension, speeding 60km or more over the speed limit) in the past three years.
Criminal Offences
- have no criminal convictions in the last seven years for any of the following:
  - Violent crimes
  - Indictable offences
  - Drug-related offences
  - Sexual offences
  - Theft or property damage offences
  - Any other violations will be evaluated at our sole discretion;

We reserve the right to revoke your eligibility for the Services or terminate your KINTO Share Account at any time, with or without notice, at our sole discretion. No prior notice or opportunity to remedy is required.

By applying for a KINTO Share Account, you confirm that your registration information is complete and accurate and that you meet the eligibility criteria to become a KINTO Share customer. In addition, you understand that we are relying on your confirmation in evaluating your application and that we may, in our sole discretion, reject your application for KINTO Share or terminate your existing account, whether or not you meet the eligibility criteria and without any obligation to provide any reason or justification for doing so. Further you understand that we may change the eligibility criteria for KINTO Share or any part of the KINTO Share Terms of Use at any time and without prior notice.

You may request to cancel your KINTO Share account at any time by notice to us in writing via help@KINTOshare.ca . Your information will be retained for up to one year from your last reservation. Fees and other Charges are not refundable except where required by law.

Authorized Drivers

Only you may drive the Vehicle during your reservation. You are strictly prohibited from allowing any other person to operate the Vehicle. If you permit another driver to use the Vehicle, your KINTO Share Account may be immediately suspended or permanently terminated at our sole discretion, and you will be charged an Unauthorized Driver Fee as set out in the Fees and Charges section.

If an unauthorized driver operates the Vehicle, all insurance coverage is void, and you will be fully liable for any damage, loss, or liability arising from such unauthorized use. You expressly agree to reimburse TCCI for any costs, legal fees on a full indemnity basis, or third-party claims resulting from the unauthorized use of the Vehicle.

You will be fully and personally responsible for any violations of municipal by-laws or regulatory requirements applicable to ridesharing, all costs associated with recovering, repairing, or replacing the Vehicle, and any property damage, injuries, or third-party claims resulting from unauthorized use. By allowing an unauthorized driver to operate the Vehicle, you forfeit any right to claim coverage under any insurance policy or to rely on any limitations of liability under these Terms of Use.

Insurance coverage may be voided, making you fully responsible for all financial liabilities without insurance protection.

USING THE VEHICLE

Reservations

You may reserve a Vehicle on an as-available, first-come basis using the KINTO Share mobile app. We reserve the right to substitute vehicles based on availability. The length of each reservation must be a minimum of seven (7) days and may not exceed twenty-eight (28) days. Reservations may be made up to twenty-eight (28) days in advance.

Checking Your Vehicle Before Departure

Before operating a Vehicle, you must inspect the interior and exterior of the Vehicle for any mechanical or physical defects, damage, soiling, and any missing documentation (such as the insurance and ownership registration slips) or equipment (charging cable). If you discover any Vehicle damage, you must report it to us by using the check-in photos on our mobile app, texting us at (438) 805-2617, or emailing us at help@KINTOshare.ca. This ensures that you will not be held responsible for any damage that may have happened before your reservation. If you forget to notify us and the next driver reports the damage, we may hold you financially responsible for the damage (see “Fees and Charges”). You may not drive the Vehicle if the insurance and/or registration are missing.

Vehicle Assistance

We offer support between the hours of 6am to 2pm PST (9am to 5pm EST), Monday to Friday, and can be reached by texting 438-805-2617 or using our webchat on https://www.KINTOshare.ca/ for the following situations:

the Vehicle is not in its assigned location;
the Vehicle doors will not unlock or lock;
the Vehicle won’t start;
you suspect that the Vehicle has been stolen or vandalized;
you are unable to park the Vehicle in the correct location;
the Vehicle is displaying a warning light or has a mechanical issue;

For urgent scenarios such as a flat tire, a dead battery, or assistance outside of support hours, you must call Toyota Roadside Assistance at 1-888-869-6828 for help. Charges you incur using any other service will not be refunded.

For all other issues, please email us at help@KINTOshare.ca and we will respond to you within 48 hours.

In the event of any emergency, such as an accident, injury, or any situation that requires immediate assistance, please contact emergency services by dialing 911. Your safety is our top priority, and we encourage you to take all necessary precautions in any emergency situation. Once it is safe to do so, please notify us as soon as possible.

Prohibited Uses

You will not use or allow the Vehicle to be used illegally in any manner. You must always have primary possession, care, and control of the Vehicle. You may not lease or rent the Vehicle to a third party.

The Services can only be used by KINTO Share Account holders and may not be used:

without a reservation;
for purposes other than personal transportation or on-demand work with Uber/ Uber Eats
if the Vehicle has been obtained from us by fraud or misrepresentation;
if the Driver is under the influence of any intoxicating substance (whether or not below the legal limit);
if the Vehicle has been loaded beyond its rated capacity or with more passengers than the Vehicle has seat belts;
if every passenger’s seat belt has not been properly fastened;
while operating a hand-held electronic device;
for any illegal purpose or in any unlawful manner;
to tow, push, or propel any trailer or other vehicle;
to transport flammable, poisonous, or other hazardous or dangerous goods;
in any race, test, or competition;
in a careless, reckless, or negligent manner, including excessive speeding;
by a valet service; and
in any manner that may void insurance or warranty;
farther than the lesser of i) 150 kilometers from booking origin; ii) outside the Province of British Columbia or iii) outside Canada; or
in any other way as determined by us at anytime and not limited solely to the above

Failure to comply with these terms will result in immediate suspension of your KINTO Share Account and you will be responsible for any charges, fees and/or damages incurred as a result of your actions (see “Fees and Charges” and “Cost of Collection”).

Vehicle Care

We expect you to drive the Vehicle safely and with the utmost care. We reserve the right to suspend your KINTO Share Account if we determine, at our sole discretion, that you are not taking appropriate care when driving the Vehicle.

Smoking is prohibited in all Vehicles. You are required to ensure that no one smokes in the Vehicle while it is in your possession otherwise you will be charged a professional detailing fee (see “Fees and Charges”) and we may terminate your KINTO Share Account.
Pets and animals are not allowed with the exception of service animals that are permitted by law.

Drivers are not responsible for normal wear and tear on the Vehicle.

Returning the Vehicle

You must return your Vehicle to its assigned location by the end of your reservation window. If the Vehicle is not returned within two hours of the scheduled end of your reservation window and we have not received communication from you sufficiently explaining the situation, we may consider the Vehicle stolen and you may be charged for the full cost of recovering the Vehicle (see “Fees and Charges” and “Cost of Collection”).

When you return the Vehicle, you must ensure the following:

the interior of the Vehicle, including the rear passenger area is clean (absent of garbage, stains, remnants of mud and snow, etc.) and you have taken all your personal property,

the charging cable is in the trunk;
compliance with fuel and/or charge levels;
you have notified us of any new damage to the Vehicle;
the Vehicle secured and locked, the windows are closed, the Vehicle’s ownership and insurance documentation are in the glove box and the Vehicle is entirely contained within its reserved parking spot
you have submitted Check out photos documenting the condition of the Vehicle’s entire exterior during the checkout process, and
the Vehicle’s reservation is terminated via your mobile application.

Failure to comply with any of the above will results in costs to you (see “Fees and Charges”).

If you cannot return the Vehicle on time, you should attempt to extend your reservation. In the event the reservation cannot be extended, you must contact us immediately to advise of late return. Failure to do so will result in late charges to you (see “Fees and Charges”).

BILLING AND PAYMENT

Pricing Structure

Service pricing can be found at https://www.KINTOshare.ca/pricing. We reserve the right to amend our pricing structure at any time without notice to you.

Payment and Billing

In order to reserve the vehicle, you must provide valid credit card information. The amount of the reservation will be held in full up to 48 hours before the reservation start time. If the hold cannot be processed, you will forfeit your reservation and may be charged cancellation fees (see “Fees and Charges”).

Once your reservation is complete, we will post the summary of charges and confirmation of payment on your KINTO Share account.

Collections and Outstanding Payments

If you fail to pay any outstanding amounts owed under these Terms of Use, TCCI reserves the right to take any lawful action to recover unpaid fees, including but not limited to:

Charging the credit card on file for any overdue amounts.
Assigning or transferring outstanding debts to a third-party collection agency.
Initiating legal proceedings to recover outstanding amounts.
Reporting unpaid debts to credit bureaus, where permitted by law.

You agree to be responsible for any collection costs incurred by TCCI, including but not limited to legal fees on a full indemnity basis, court costs, and third-party collection agency fees (see “Fees and Charges”).

Fees and Charges

We reserve the right to amend our pricing structure at any time without notice to you. If you continue to use the Services, you are deemed to have accepted our revised pricing structure.

Fees are collected upon invoicing from the credit card on file.

You will also be required to pay certain fees and charges related to your use of a Vehicle, including, but not limited to the following:

Cancellation less than 48 hours before reservation start

Up to the full reservation cost

Early return

No refunds will be issued

Late Return fees

Up to 50$ per hour until returned

Mirai fuel charges:

If returned with 1 bar (1/4 tank) or less fuel = $100

If returned with 2 bar (1/2 tank) or less fuel = $75

If returned with 3 bar (3/4 tank) or less fuel = $50

If returned with 3 bars or more = No charge

bZ4X electricity charges:

If returned with 0-29% charge = $200

If returned with 30-49% charge = $125

If returned with 50-69% charge = $75

If returned with 70% or more = No charge

Lost or damaged electric vehicle charging cable

Up to $1,000

Professional detailing required (such as but not limited to, as smoke odor, garbage, stained interior, snow, mud, dirt, removing belongings)

Up to $500

Failure to secure the vehicle

Up to $50

Failure to submit photos during check-in and check-out process

Up to $150 + the costs of any damages found

Vehicle abandoned, towed or returned to wrong location

100$ + the cost of recovery

Missing or damaged telematics unit

Up to $1000

Missing documents or accessories (insurance, ownership, commercial vehicle inspection certificate, KINTO or UBER decals or any other in car materials)

Up to $50

Damage Fee

Up to the full cost of the vehicle

Administration related to traffic, moving or parking violations, citations, fines or other penalties incurred by reason of your use of the vehicle

$50 + the cost of the citation

Impound processing fee

$150 + cost of impound fees + suspension from the program

Unauthorized driver

$500 + suspension from the program

Prohibited Uses Charge

Up to $500 + suspension from the program

All fees represent a reasonable estimate of the actual costs incurred by TCCI, including administrative expenses, loss of use, and repairs. By accepting these Terms of Use, you acknowledge that such fees are fair, reasonable, and enforceable.

ADDITIONAL OBLIGATIONS

Rental Insurance and Customer Liability

In British Columbia, all KINTO Share Vehicles have Basic Autoplan insurance through ICBC. However, KINTO does not require customers to purchase additional rental insurance. If you choose to rely on personal insurance coverage (such as ICBC RoadStar, Roadside Plus, or credit card rental insurance), you are solely responsible for ensuring it meets the necessary coverage requirements.

TCCI only provides the legally required Basic Autoplan insurance through ICBC, which includes third-party liability coverage up to the minimum limits required by law. This coverage does not include collision, comprehensive, or any additional coverage unless required by law. You are solely responsible for ensuring you have sufficient insurance to cover any damage to the Vehicle or third parties. TCCI is not responsible for any uninsured losses. While Basic Autoplan insurance through ICBC provides third-party liability coverage, this policy may not cover all damages to the Vehicle or third parties, and the customer may be responsible for damage in excess of the Basic Autoplan coverage. Customers are strongly encouraged to verify coverage and consider purchasing additional insurance.

If you decline to purchase additional insurance from a third party, you accept full financial responsibility for any damages, liabilities, or losses not covered by your personal insurance. KINTO may require proof of valid insurance coverage before or during your rental period.

TCCI does not guarantee coverage under any insurance policy for any loss, damage, or liability. You acknowledge that you are solely responsible for obtaining adequate insurance coverage and that TCCI assumes no liability for uninsured damages, including third-party claims.

You acknowledge that you are responsible for ensuring that you have appropriate insurance coverage for your use of the Vehicle. You must provide proof of such coverage upon request. In the event of damage, loss, or liability, you must first submit a claim to your personal insurance provider before TCCI will consider any claims under its policies.

You are solely responsible for ensuring that your personal insurance is valid, sufficient, and in compliance with all applicable laws. If your personal insurance provider denies coverage for any reason, including misrepresentation or policy limitations, you remain fully responsible for all damages, losses, and liabilities incurred during your use of the Vehicle.

TCCI makes no representations or warranties regarding the adequacy or scope of coverage under any insurance policy, including but not limited to ICBC Basic Autoplan. If a loss, damage, or liability is not covered by insurance for any reason, including policy exclusions, denial of claims, or failure to meet policy conditions, you will remain personally responsible for all associated costs. You expressly agree that TCCI is not liable for any uninsured damages, claims, or losses.

Insurance and Deductibles

We only grant permission for you to operate a Vehicle. Accordingly, the Third-Party Liability and Collision and Comprehensive Insurance, if any, for the Vehicle (see below) will not apply to protect an unauthorized driver or to protect you in connection with a loss caused by an unauthorized driver.

If you operate a Vehicle in breach of these Terms of Use or the terms of our Third-Party Liability and Collision and Comprehensive Insurance, if any, there may be no protection under the insurance, resulting in personal financial exposure for you to a third-party claimant, the insurer, or us. Your liability could include, amounts claimed by a third-party, reimbursement of a Third-Party Liability Insurer, or Collision and Comprehensive Insurer for amounts that it has paid, and reimbursement of us for amounts that we have paid, including any insurance deductible.

You agree to indemnify and hold TCCI harmless from any claims, losses, liabilities, damages, costs, and expenses (including legal fees on a full indemnity basis) arising from the unauthorized use of the Vehicle. This includes but is not limited to third-party claims, regulatory fines, towing fees, and any legal actions taken against TCCI as a result of unauthorized operation

If a Vehicle sustains damage during a reservation, TCCI will first attempt to recover repair costs through applicable insurance policies. If the damage is not covered, or if the customer is responsible for a deductible, the customer will be billed accordingly. If a claim is made under TCCI’s ICBC Basic Autoplan insurance, you are responsible for paying any applicable insurance deductible in full. You also acknowledge that TCCI reserves the right to charge you for any increased insurance costs resulting from claims made during your use of the Vehicle.

You are not permitted to drive the Vehicle if you are driving under the influence of alcohol or drugs or if your driver’s licence is suspended. If you are involved in an incident while you are driving under the influence of alcohol or drugs or while your driver’s licence is suspended, we will suspend your KINTO Share Account and you will be financially responsible for the cost of recovering or replacing the Vehicle, the cost of the repair of any damage to the Vehicle, and any damage to any property belonging to third parties and for the damages associated with any personal injury to the occupants of the Vehicle and any other third parties.

Lastly, we strongly encourage you to purchase rental vehicle coverage insurance from ICBC to cover your liability during your reservation.

Vehicle Accidents

You must report any accidents involving the Vehicle to us immediately.

In the case of an accident, you are also required to obtain and provide us with the following:

a copy of the driver’s licence, vehicle ownership registration and proof of insurance of the other driver(s) involved in the accident, if applicable,
pictures of the licence plates of, and any damage to, any vehicles involved in the accident, including the Vehicle;
the names of any available witnesses; and
evidence from any available witnesses,

and you are required to provide us with the following:

your proof of insurance, if you have a personal auto insurance policy (certain losses may be required to be covered by your personal auto policy under British Columbia law); and
a written description of the accident.

You may not continue your reservation after an accident unless we give you explicit permission to do so. You agree to provide us and any claims adjustment service with any report or notice you receive relating to a claim or a lawsuit involving the Vehicle. You agree to cooperate fully with us in the investigation and defense of any such claim or lawsuit.

In instances where you are operating the vehicle (i) illegally (suspended license, under the influence, etc.), (ii) in a manner not allowed by these Terms of Service, (iii) with deliberate intent on damaging the vehicle, or (iv) negligently, you will bear the full cost of damage to the Vehicle as well as any damage and liability to third parties.

Maintenance and Repairs

You are required to notify us immediately if any warning lights appear on the dashboard of the Vehicle or you hear any noise coming from the Vehicle. If you do not notify us immediately, you may be charged for any losses we incur as a result of your negligence.

If repairs are needed, they must be conducted via an authorized Toyota dealership and cannot be completed without the express consent of KINTO Canada Inc. If you repair the Vehicle without KINTO Canada Inc.’s consent, you will be responsible for any inspections and repairs needed, at full costs to you.

MODIFICATION OF VEHICLE

You will not make any modification or alteration to the Vehicle, install any equipment or accessory on the Vehicle, or place any sign or marking on the Vehicle, without our prior written consent. You will pay the cost of removing any such modification, alteration, equipment, accessory, sign or mark, even if we have agreed to it, and all needed repairs caused by the removal. Any change to the Vehicle which cannot be removed easily, in a timely manner or without decreasing the value or functional utility of the Vehicle will become our property.

Fines, Liens, and Encumbrances

You agree to keep the Vehicle free of all fines, liens, security interests, and encumbrances, with the exception of those placed by or on behalf of TCCI or its successors and assignees.

Towing and Impoundment

If the Vehicle is towed and/or impounded during your reservation, you will be charged for all costs associated with obtaining the Vehicle from impound (see “Fees and Charges”).

Parking & Intersection Safety Camera Tickets

If you receive a parking ticket while using the Vehicle, you must notify us immediately and provide proof the citation has been paid. If we receive a Parking or Intersection Safety Camera ticket, we will give you thirty (30) days to provide of proof of payment. Failure to comply will result in charges to the credit card on file (see “Fees and Charges”) and may results in suspension from the program.

You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines, or charges.

Toll Highway

We do not pay for the cost associated with using toll highways.

If we receive a toll charge, we will give you thirty (30) days to provide of proof of payment. Failure to comply will result in charges to the credit card on file (see “Fees and Charges”) and may results in suspension from the program.

Cleaning Policy

If there are cleaning emergencies that make the Vehicle unusable, please contact us immediately. Failure to return the Vehicle in a clean state will result in charges to you. (see “Fees and Charges”)

Use of designated KINTO Share Parking Spaces

Parking your personal vehicle in a KINTO Share parking space is strictly prohibited. Unauthorized use of a KINTO parking space will result your personal vehicle being tagged and/or towed at your expense.

Automatic Suspension

Your permission to drive Vehicle and use KINTO Share service is automatically suspended if you are charged with driving recklessly or without due care or with any related vehicular offence, including but no limited to:

Operating a motor vehicle while impaired
Operating a motor vehicle dangerously
Failure to stop at the scene of an accident.

Additionally, your account will be suspended if your KINTO Share account is not in good standing.

DEFAULT

Costs of Collection

If you do pay any amounts owed hereunder when due, you agree to pay for our costs incurred in seeking to collect such amounts from you, including, without limitation, court costs and our reasonable legal fees.

GENERAL TERMS AND CONDITIONS

Continuing Obligation

All of your obligations under this Agreement shall survive the termination of this Agreement to the extent required for their full observance and performance.

Applicability of Terms to All Vehicles

These Terms of Use apply to all Vehicles rented through KINTO Share, regardless of whether such Vehicles are owned by Toyota Credit Canada Inc. (TCCI) or Toyota Canada Inc. (TCI). By using the Services, you acknowledge and agree that all rights, obligations, fees, and responsibilities outlined in these Terms of Use apply uniformly to all KINTO Share Vehicles.

Termination by You

You may terminate this Agreement at any time, by notifying us via email at help@KINTOshare.ca

Termination/Remedies

We reserve the right to terminate the licence granted hereunder and your ability to use the Services at any time for a breach of any of these Terms of Use or for any other reason, in our sole and absolute discretion. Also, in addition to imposing fees and charges, we may repossess a Vehicle at any time, without notice, if we determine that the Vehicle was used in violation of applicable law or these Terms of Use.

Personal Property

We are not responsible for any loss or damage to any personal property in or around any Vehicle or any premises from which you can access or utilize the Vehicles and/or the Services. Any property left in the vehicle will be disposed of at cost to you.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, YOUR USE OF ANY VEHICLE AND/OR YOUR RELIANCE ON THE SERVICES AND/OR THE VEHICLE REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE.

To the maximum extent permitted under applicable law, TCCI’s aggregate liability to you shall be limited to direct damages incurred by you up to the amount you spent on the Services which are the subject of the claim in the prior six (6) month period.

Indemnification and Hold Harmless

You agree to defend, indemnify and hold us and our parent and affiliates and their respective directors, officers, employees, agents, successors and assigns, harmless from all losses, liabilities, and expenses whatsoever (including without limitation damages, interest, penalties and reasonable attorneys’ fees) directly or indirectly arising out of or relating to the Services, the Vehicle, your use of the Vehicle (including without limitation, claims of or liabilities to third parties), your breach of any of your obligations, representations or warranties under these Terms of Use; any misrepresentation, criminal behaviour or gross negligence attributable to you. You agree to fully cooperate with TCCI in the defense of any claim defended by you pursuant to your indemnification obligations hereunder and will not settle any such claim without the prior written consent of TCCI.

Severability

If any single part of these Terms of Use is found to be invalid, illegal, or unenforceable, it shall not affect the validity, legality, or enforceability of any other provision of these Terms of Use.

No Waiver

Our failure to exercise any right or privilege under these Terms of Use shall not constitute a waiver of our right to exercise such right or privilege or our right to exercise any other right or privilege.

Vehicle Warranty

The Vehicle is only covered by the manufacturer’s warranty which accompanies the Vehicle, if any. Subject to the foregoing, there are no express or implied conditions, representations or warranties, statutory or otherwise, offered by us with respect to this Vehicle, including but not limited to, any implied warranty as to the merchantability or suitability or the fitness of the Vehicle for any particular purpose.

Non Genuine Toyota Parts, or any damage or failure resulting from their use, are not covered by any manufacturer’s warranty.

Disclaimer of Warranties

Except as prohibited under applicable law, the Services and the Vehicle are provided to you on an “as is” and “as available” basis WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. TCCI HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS PROHIBITED UNDER APPLICABLE LAW, TCCI DOES NOT WARRANT THAT THE SERVICES OR ANY VEHICLE (OR ANY PART THEREOF) WILL BE FREE FROM ANY DEFECT OR OPERATE IN ANY SPECIFIC WAY OR THAT MAINTENANCE ISSUES CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, TCCI EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE VEHICLE CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.

Force Majeure

TCCI shall not be liable for any failure or delay in performing its obligations under these Terms of Use due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, labor strikes, or any other events that prevent the provision of Services.

Choice of Law

These Terms of Use and any action related thereto will be governed by and construed in accordance with the substantive laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Subject to the arbitration obligations below, the Parties will initiate any lawsuits in connection with these Terms of Use in Vancouver, British Columbia, Canada, and irrevocably attorn to the sole and exclusive personal jurisdiction and venue of the courts sitting therein.

Prohibited Provisions and Applicable Law

Any part of this Agreement that is prohibited by the law of a particular jurisdiction will not be enforceable in that jurisdiction to the extent of the prohibition. The prohibition shall not, however, affect the enforceability of the remaining parts of this Agreement in that jurisdiction or the enforceability of any provision of this Agreement in any other jurisdiction. This Agreement shall be governed by and construed and determined in accordance with the laws of the province or territory of Canada in which the Agreement was entered into.

Arbitration

Except where prohibited by applicable law, any dispute, claim or controversy arising out of or related to these Terms of Use and/or the use or reliance on the Vehicle and/or the Services, including any question regarding the existence, interpretation, validity, breach or termination of these Terms of Use shall be referred and finally resolved by arbitration in Vancouver, British Columbia at the Vancouver International Arbitration Centre (“VIAC”) under the VIAC and the Arbitration Act (SBC 2020). Any arbitration commenced shall be administered by the VIAC and its standards, administrative procedures and schedule of costs will apply. The arbitration shall be conducted by a single arbitrator sitting in Vancouver, British Columbia and the arbitration shall be conducted in English. If arbitration is found unenforceable under consumer protection laws, disputes shall be resolved exclusively in the courts of British Columbia