KINTO SHARE CANADA – TERMS OF USE (RIDESHARE and FOOD DELIVERY DRIVERS - BC)
IMPORTANT – PLEASE READ CAREFULLY. 

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The following terms of use (the “Terms of Use”) govern your use of the KINTO Share Canada vehicle(s) (the “Vehicle(s)”) and accessories (the “Accessories”) and the car 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”. We reserve the right to change or cancel the Services at any time with or without notice to you.

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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”) and which we may amend at any time upon notice to you.  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.

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The Vehicles and Applications and 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 to you any right: (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 and information and material that is 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. 

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Subject to your compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-sub-licencable 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 and/or food delivery driver only for Uber, UberEats, Lyft and/or other rideshare, food delivery services.

 

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

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

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SIGNING UP

 

1. User Accounts

In order 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 membership 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.

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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.

 

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 may not allow you to access and use the Services;

• You must immediately notify us if your driver’s licence is suspended or withdrawn for any reason or if your driver’s licence is expired. If your driver’s licence is suspended, withdrawn, or expired, for any reason, or you use the Vehicle without your driver's licence, your right to use the Vehicle expires immediately; 

• 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. 

 

2. Eligibility Requirements

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

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• General

  • at least 21 years old;

  • hold a valid Class 1,2,4 driver’s licence for the Province of British Columbia with three years driving experience; 

  • have a valid licence from the rideshare or food delivery service in the City in which you are providing rideshare and/or food delivery services; 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 crime 

    • Felony offence 

    • Drug-related offence 

    • Sexual offence 

    • Theft or property damage offence 

    • Other violations will be evaluated at our sole discretion;

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We reserve the right to revoke your eligibility for the Services at any time for any reason.

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By applying for KINTO Share membership, you confirm that the registration information you have provided is complete and accurate and that you meet the eligibility criteria to become a KINTO Share member. 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 membership or terminate your existing membership, 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 membership or any part of the KINTO Share Terms of Use at any time and without notice to you.

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You may cancel your KINTO Share membership at any time by notice to us in writing via the KINTO Share mobile app.  Fees and other Charges are not refundable except where required by law.

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3. Prohibited Uses

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The Services may not be used by anyone who is not a valid Member in good standing with us and may not be used:

• without a reservation;

• while operating a hand-held electronic device;

• 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; 

• for any illegal purpose or in any illegal manner; 

• for the purpose of towing, pushing, or propelling any trailer or any other vehicle;

• for the purpose of transporting flammable, poisonous or other hazardous or dangerous goods;

• in any race, test, or competition; 

• in a careless, reckless or negligent manner;

• other than on paved roads; and

• farther than the lesser of i) 150 kilometers from booking origin; or ii) outside the Province of British Columbia; or

• by a valet service.

 

USING KINTO SHARE

 

4. Authorized Drivers

 

Only you may drive the Vehicles during your reservation.  If you permit another driver to use the Vehicle, we will suspend your KINTO Share Account and you will be financially responsible for the breach of any municipal by-laws or other regulatory requirements applicable to ridesharing and/or food delivery and you will be charged an Unauthorized Driver fee (see “Fees and Charges”).  In addition, you will be financially responsible for the negligence of the driver, including the cost of recovering or replacing the Vehicle, repairing any damage to the Vehicle and/or 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.

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5. 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 a suitable Vehicle at no additional cost to you. The length of each reservation must be a minimum of two (2) days and may not exceed twenty-eight (28) days and reservations may be made up to twenty-eight (28) days in advance.

 

6. Pricing Structure

 

The price of the Services is set out in “Fees and Charges” and includes the cost of mandatory insurance and maintenance.  We reserve the right to amend our pricing structure at any time without notice to you.

 

7. Payment & Billing

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When you make a KINTO Share reservation, we will charge the credit card you authorized us to use for the full amount of the estimated cost of your reservation (see “Fees and Charges”). You are responsible for ensuring that you are able to pay the actual amount at the time that you make your reservation. If your payment method rejects this charge, your reservation will be cancelled. 

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If you make a reservation which is cancelled less than 48 hours before the scheduled start time of the reservation, you will be charged a cancellation fee of $395 (see “Fees and Charges”) and you will forfeit your reservation. If you return the vehicle before the end of your reservation period, you will not be eligible for a refund, and any remaining time will be forfeited. Should you return the vehicle after your reservation has ended, additional usage will be charged to your credit card in one-hour increments, based on the rates outlined in the 'Fees and Charges' section. All charges will be calculated using the rental fee specified under 'Fees and Charges.

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For example, if you reserve a Vehicle for seven (7) days and you return the Vehicle to us after using the Services for seven (7) days and 10 minutes, we will charge your credit card for seven (7) days and 1 hour use of the Services.  However, if you reserve a Vehicle for seven (7) days and you return the Vehicle to us after using the Services for seven (7) days and two hours, we will charge your credit card for seven (7) days and two (2) hours of use together with a late return fee (see “Fees and Charges”).

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We will post a summary of charges and confirmation of payment on your KINTO Share account.  

 

8. 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 (such as the phone holder).  If you discover any Vehicle damage, you must report any damage to us by using the Pre-Trip Inspection Survey on our mobile app, texting us at (438) 805-2617 or emailing us at help@kintoshare.ca, and including the licence plate number of the assigned Vehicle. 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.  You may not drive the Vehicle if the insurance or registration are missing.

 

9. Use of designated KINTO Share Parking Spaces

 

You are not permitted to use a designated KINTO Share parking space to park your own vehicle.

 

10. Vehicle Care

 

We expect you to drive the vehicles safely and with the utmost care. We reserve the right to suspend your KINTO Share Account if we determine, in our sole discretion, that you are not taking the utmost care, or you are driving unsafely.

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• 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.

• Due to allergies and sanitary concerns, pets, with the exception of service animals, are only allowed in the Vehicle if they are locked in a pet carrier. 

• Members are expected to return a Vehicle in the same condition as they found it. 

• Members are responsible for fueling the Vehicle while in use and for returning the Vehicle with the fuel tank full.

 

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

 

11. Returning the Vehicle

 

You must return your Vehicle to its assigned location by the end of your reservation. You are not allowed to return the Vehicle to a location other than its assigned location without our permission. If the Vehicle is not returned within two hours of the scheduled end of your reservation and we have not received communication from you sufficiently explaining the situation, we will consider the Vehicle stolen and you may be charged for the total cost of recovering the Vehicle (see Fees and Charges”), including but not limited to labour and towing costs. When you return the Vehicle, you must ensure the following, even if another driver is waiting for the Vehicle:

• the interior of the Vehicle, including the rear where your passengers have been, is clean (absent of remnants of mud and snow, etc.) and you have taken all of your garbage and personal belongings or you will be charged a clearing out fee (see “Fees and Charges”);

• the tank is full or you will be charged a fee (see “Fees and Charges”);

• you have notified us of any new damage to the Vehicle; 

• the Vehicle is locked, the windows are closed, the Vehicle’s ownership and insurance documentation and phone holder are in the glove box and the Vehicle is entirely contained within its reserved parking spot. If the Vehicle is not properly secured, or the phone holder, ownership or insurance documentation is not returned with the Vehicle, you may be charged a fee (see “Fees and Charges”) and you will be responsible to pay for any damage to our Vehicles or equipment as a result of another person entering the Vehicle while it is unlocked or otherwise unsecure (see “Fees and Charges”); 

• you have submitted a Post-Trip Inspection Survey and photos documenting the condition of the entire exterior of the Vehicle during the check out process.  If you fail to complete a Post-Trip Inspection Survey and submit at least four (4) photos documenting the condition of the entire exterior of the Vehicle during the checkout process, you will be prevented from ending the reservation and you may be charged a fee (see “Fees and Charges”); and

• the Vehicle’s reservation is terminated via your mobile application.

 

If you cannot return the Vehicle on time, you should attempt to extend your reservation and contact us to let us know that the Vehicle will be a late return.  You will be charged for any additional use in one (1) hour increments, calculated using the rental fee indicated under the heading “Fees and Charges” and you will be charged a late return fee if you return the Vehicle two or more hours after the scheduled end of your reservation (see “Fees and Charges”).

We are not responsible for any lost, damaged or stolen personal belongings left in or on a Vehicle at any time.

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12. Cleaning Policy

 

If your Vehicle needs to be cleaned when you return it, please contact us immediately at 438-805-2617 and we can help you. The amount you will be charged for cleaning will depend on the type of cleaning that is required (e.g. Professional Detailing or Clearing Out belongings) (see “Fees and Charges”).  You may qualify for reimbursement for this cost from your on-demand rideshare or food delivery service.

 

13. Emergencies 

 

We offer emergency assistance by texting 438-805-2617 for the following situations:

• your Vehicle is not in its assigned location; 

• your Vehicle doors will not unlock or lock;

• your Vehicle won’t start; 

• you suspect that your Vehicle has been stolen or vandalized;  

• you are unable to park the Vehicle in the correct location; 

• you are running late and unable to extend your reservation because another driver has reserved the Vehicle after you; 

• the Vehicle is displaying a warning light or has a mechanical issue; and 

• you need roadside assistance, such as a flat tire repair or dead battery charge. 

 

For all other issues, please text our customer support number at 438-805-2617.

 

14. Breakdowns, Accidents, and Damage 

 

You must immediately report any accidents involving the Vehicle, including all accidents involving a pedestrian, and if appropriate, any breakdown or damage to the Vehicle that occurs during your access to the Vehicle, to the police. 

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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, 

• pictures of the licence plates of, and any damage to, any vehicles involved in the accident, including your Vehicle; 

• the names of any available witnesses; and

• evidence from any available witnesses, 

 

and you are required to provide us with the following:

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• 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.  If you were driving while intoxicated at the time of the accident, you may be liable for the entire cost of the Vehicle repair or replacement and any claims for personal injury or property damage made by the occupants of your Vehicle or any third parties. You are also responsible for any damage to any of the Vehicle’s in-vehicle systems or hardware resulting from use or tampering.

 

ADMINISTRATION

 

15. Insurance and Deductibles

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We only grant permission to 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.

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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.

 

We have placed Third Party Liability Insurance on all Vehicles and Collision and Comprehensive Insurance coverage on certain Vehicles.  An individualized insurance card for each Vehicle is provided in the Vehicle. However, if you are insured under an automobile insurance policy and you are involved in a collision or other incident involving the Vehicle, under British Columbia law, your automobile policy may provide the primary insurance coverage.   If you are involved in a collision or other incident involving the Vehicle, or the Vehicle is damaged beyond repair or stolen and our insurance provides coverage for damage to, or the loss of, the Vehicle, you will be required to pay up to a $2,500 damage fee and we will temporarily suspend your KINTO Share Account.  We will charge the credit card you authorized us to use for the full amount of any damage fee you are required to pay to us.

 

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, you may be required to pay a damage fee of up to $2,500 for damage including but not limited to, dents, scratches, collisions, flat tires, windshield cracks, dead batteries, engine problems and vandalism to the Vehicle(s).  The damage fee may also be charged to you for any other damage to the Vehicle(s), the Accessories or Applications or any other property belonging to TCCI, its affiliates, partners, agents and vendors. We will charge the credit card you authorized us to use for the full amount of any damage fee you are required to pay to us.

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16. Traffic and Parking Tickets

 

If you receive a traffic or parking ticket while using the Vehicle, it is your responsibility to notify us and pay the charges promptly. Upon our request, you agree to provide us with proof of payment of any fines and/or charges related to the Vehicle and imposed by any governmental authority during your reservation. If you do not pay the charges, even if you intend to contest the charges, we will charge you immediately for the amount of the charges, including an administration handling fee (see “Fees and Charges”), and we will refund the charge to you by crediting your KINTO Share account, including the administration handling fee, upon proof of successful contest. 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.

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17. Toll Highway

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We do not pay for the cost associated with using toll highways.  If you use a toll highway and do not use your transponder, we will charge you for the costs associated with the use of the toll highway, including all tolls, fees and other charges.

 

18. Towing and Impoundment

 

If the Vehicle is towed and/or impounded during your reservation, you will be charged for our costs associated with obtaining the Vehicle from impound, an impound processing fee and any applicable late or loss-of-use fees (see “Fees and Charges”).

 

19. Maintenance and Repairs 

 

You are required to notify us immediately if a warning light appears on the dashboard of the Vehicle or you hear noise 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.

 

20.Fees and Charges* 

We reserve the right to amend our pricing structure at any time upon notice to you.  If you continue to use the Services, you are deemed to have accepted our revised pricing structure.

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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:

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