Rent Your Ride Terms of Service

Last updated: January 15, 2020

1. - SCOPE OF RYR SERVICES  

 

These terms of service (the "Terms of Service") constitute a legally binding agreement and  govern the relationship between you and Rent Your Ride, an operating name of Mobi Ride  Share Ltd. ("RYR" or "us" or "we") regarding your access and use of the RYR website (the  “Site”) and all related services (together with the Site, the “RYR Platform”). By creating an  account with us or accessing or using the RYR Platform you accept and agree to be bound by  the terms and conditions of the Agreement. If you do not agree with any of the terms of the  Agreement, do not use or access the RYR Platform.  

 

The terms of RYR’s Privacy Policy are incorporated herein by reference.  

 

1.1. The RYR Platform is an online marketplace that enables registered users (“Users”) who  offer services (Users who offer services are herein defined as “Owners” and the services  they offer are herein defined as “Owner Services”) to publish and offer such Owner  Services on the RYR Platform (“Offerings”) and to communicate and transact directly  with Users that are seeking to book such Owner Services (Users using Owner Services  are “Renters”). Owner Services shall be limited to the short-term rental of a vehicle  owned by the Owner for use by the Renter ("Offerings") which rentals shall be subject to  these Terms of Service and the Terms of the Rental Agreement and shall be for a  period that is no longer than thirty (30) consecutive days.  

 

1.2. For greater certainty, Offering shall not include or represent that the Owner (or an  employee of or individual acting for or behalf of the Owner in any manner) will or may  provide additional services to the Renter, such as operating the vehicle for the  transportation of the Renter or any other persons or property.  

 

1.3. As the provider of the RYR Platform, RYR does not own, create, sell, resell, provide,  control, manage, offer, deliver, or supply any Offerings or Owner Services. Owners are  solely responsible for their Offerings and Owner Services. When a User transacts  through the RYR Platform, they are entering into a contract directly with each other. RYR  is not and does not become a party to or other participant in any contractual relationship  between Users, nor is RYR responsible for subscribing for or maintaining insurance for  the benefit of the Users. RYR is not acting as an agent in any capacity for any User,  except as specified in these Terms of Service.  

 

1.4. While we may assist in facilitating the resolution of disputes among Users, RYR has no  control over and does not guarantee (i) the existence, quality, safety, suitability, or  legality of any Offerings or Owner Services, (ii) the truth or accuracy of any Offering  descriptions, Ratings, Reviews, or other User Content (all as defined below), or (iii) the  performance or conduct of any User or third party. RYR does not endorse any User,  Offering or Owner Services. RYR is not obligated to verify and does not guarantee that  any information provided, including any information required to be provided pursuant to  these Terms of Service, the RYR Platform or the Terms of the Rental Agreement  (including but not limited to evidence of insurance and licensing) are in effect, truthful or  accurate. Users should always exercise due diligence and care when deciding whether  to accept and make use of an Offering, accept a booking request from a Renter, or  communicate and interact with other Users, whether online or in person, and such due  diligence should include the conducting of a thorough review of any available  information, including any information required to be provided by any such Users or  third-parties in accordance with the RYR Platform and the Terms of the Rental  Agreement. 

 

1.5. If you choose to use the RYR Platform as an Owner, your relationship with RYR is  limited to the provisions of these Terms of Service, and you are not an employee, agent,  joint venturer or partner of RYR for any reason, and you act exclusively on your own  behalf and for your own benefit, and not on behalf, or for the benefit, of RYR, and you  shall not represent yourself as acting for or on behalf of RYR in any of the above  capacities.  

 

1.6. RYR cannot guarantee the continuous and uninterrupted availability and accessibility of  the RYR Platform. RYR may at its sole discretion restrict the availability of the RYR  Platform or certain portions thereof.  

 

2. – ELIGIBILITY AND USE OF THE RYR PLATFORM  

 

2.1. You must be at least 18 years old and be capable of entering into legally binding  contracts to access and use the RYR Platform or register an RYR Account. By accessing  or using the RYR Platform you represent and warrant that you are 18 or older and have  the legal capacity and authority to enter into a contract.  

 

2.2. All Owners must be ordinarily resident in the Province of Manitoba and all Renters are  required to have a valid driver’s licence sufficient to operate the class of vehicle rented  by the Renter in accordance with the requirements of Manitoba Public Insurance  Corporation and must be entitled to the benefit of all insurance coverage provided by  Manitoba Public Insurance Corporation for drivers registered in the Province of  Manitoba.  

 

2.3. You will comply with any and all common law and federal, provincial, municipal and local  statutes, codes, ordinances, decrees, rules, regulations and by-laws, and judicial,  executive, arbitral, administrative, ministerial, departmental or regulatory judgments,  decrees, orders, decisions, rulings, awards, policies, requirements, standards and  guidelines, at any time in force or effect.  

 

2.4. RYR may make the access to and use of the RYR Platform, or certain areas or features  of the RYR Platform, subject to certain conditions or requirements, such as completing a  verification process, providing and uploading certain documentation, meeting specific  quality or eligibility criteria, meeting Ratings or Reviews (as defined below) thresholds, or  booking and cancellation history.  

 

2.5. RYR cannot guarantee and does not assume any responsibility for the confirmation of  any User’s identity. Notwithstanding the above, for transparency and fraud prevention  purposes, and as permitted by applicable laws, we may, but have no obligation to (a) ask  Users to provide a form of identification or other information, (b) request, undertake,  obtain and review any additional information, checks, searches, reports, histories or  registrations to the extent allowable by law in order to confirm the representations and  warranties made by the Users pursuant to these Terms of Service or the information  provided to RYR or to other Users in connection therewith.  

 

2.6. You must register an account ("RYR Account") to access and use certain features of the  RYR Platform, such as creating or booking an Offering. You can register an RYR  Account using an email address and creating a password.  

 

2.7. You must provide accurate, current and complete information during the registration  process and keep your RYR Account and public RYR Account profile page information  up-to-date at all times.  

 

2.8. You may not register more than one (1) RYR Account unless RYR authorizes you to do  so. You may not assign or otherwise transfer your RYR Account to another party. 

2.9. You agree to: notify us immediately if you become aware of any unauthorized use of  your account, any breach in the confidentiality of your account records, or any breach or  attempted breach of security involving the Site or any of the Services; cooperate with law  enforcement agencies investigating any unlawful behavior involving your account, the  Site, or any of the Services; avoid accessing or attempting to access the non-public  areas of this Site or any other user’s password-protected information; and maintain the  security of your computer and the confidentiality of any passwords and security codes  related to the Services.  

3. – RYR AND USER CONTENT  

 

3.1. RYR may, at its sole discretion, enable Users to (i) create, upload, post, send, receive  and store content, such as text, photos, audio, video, or other materials and information  on or through the RYR Platform ("User Content"); and (ii) access and view User Content  and any content that RYR itself makes available on or through the RYR Platform,  including proprietary RYR content and any content licensed or authorized for use by or  through RYR from a third party ("RYR Content" and together with User Content,  "Collective Content").  

 

3.2. The RYR Platform, RYR Content, and User Content may in its entirety or in part be  protected by copyright, trademark, and/or other laws of Canada and other countries. You  acknowledge and agree that the RYR Platform and RYR Content, including all  associated intellectual property rights, are the exclusive property of RYR and/or its  licensors or authorizing third-parties. You will not remove, alter or obscure any copyright,  trademark, service mark or other proprietary rights notices incorporated in or  accompanying the RYR Platform, RYR Content or User Content.  

 

3.3. You will not use, copy, adapt, transmit, display, publish and perform, distribute and  create compilations and derivative works from the Collective Content or license, sell,  transfer or otherwise exploit the RYR Platform or Collective Content, except to the extent  you are the legal owner of certain User Content or as expressly permitted in these Terms  of Service. No licenses or rights are granted to you by implication or otherwise under any  intellectual property rights owned or controlled by RYR or its licensors, other than as  expressly granted in these Terms of Service.  

 

3.4. The RYR Platform may contain links to third-party websites or resources (“Third-Party  Services”). RYR is not responsible or liable for the availability or accuracy of such Third Party Services, or the content, products, or services available from such Third-Party  Services. Links to such Third-Party Services are not an endorsement by RYR of such  Third-Party Services.  

 

3.5. By uploading User Content to the RYR Platform or otherwise Submitting (as defined  below) any User Content to us to be publicly displayed, you automatically grant (or  represent and warrant to us that the owners of such rights have expressly granted) to us  a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, assignable,  sublicensable right and license to use, reproduce, modify, adapt, publicly display, public  perform, publish, sublicense, translate, create derivative works of and distribute such  User Content worldwide by means of the RYR Platform. The foregoing license does not  grant us any ownership of such User Content except, however, you hereby assign to us  your entire right, title and interest (including, without limitation, all patent rights, design  rights, copyrights, trademarks, trade dress and trade secrets) in and to any modifications  or improvements to our software or the RYR Platform which you may propose or make  or which you and we may jointly propose or make. The foregoing license does not  obligate us to do any of the things that the license permits (for instance, we are not  obligated to display your User Content). In addition, you represent and warrant to us  that: (a) you have the right to grant to us the foregoing license and that all rights of publicity and privacy and all so-called moral rights in such User Content have been  waived; (b) that each person that created or appears in such User Content has explicitly  consented to your uploading and Submitting the User Content and using their name and  the band or act’s name, if applicable; (c) that we will owe no residuals, royalties or other  fees in connection with making such User Content available on the RYR Platform; (d)  that such User Content does not and will not violate, plagiarize, or infringe upon the  rights of any third party, including copyright, trademark, trade secret, privacy, publicity,  moral rights, or other personal or proprietary rights or contain libelous, defamatory,  obscene, or otherwise unlawful material; and (e) that you are at least 18 years old. You  understand that the technical processing and transmission of your User Content may  involve transmission over various networks and technical and format changes to  conform and adapt to requirements of the RYR Platform. You are solely responsible for  the consequences of Submitting your User Content. We reserve the right to remove or  decline to post any User Content without notice.  

 

3.6. You will not list, post, upload, publish, submit or transmit any User Content that: (i) is in  violation of these Terms of Service, (ii) is fraudulent, false, misleading or deceptive in  any manner whatsoever; (ii) is defamatory, libelous, obscene, pornographic, vulgar or  offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm  against any individual or group; (iv) is violent or threatening or promotes violence or  actions that are threatening to any other person; (v) promotes illegal activities; or (vi)  violates any other RYR policies as may be in place from time to time. RYR may, without  prior notice, remove or disable access to any User Content that RYR finds to be in  violation of these Terms or RYR’s then-current policies or standards, or otherwise may  be harmful or objectionable to RYR, its Users, third parties, or property to be determined  at the sole discretion of RYR.  

 

3.7. The responsibility for your User Content rests solely with you. You must ensure that the  User Content submitted is accurate, reliable, not misleading or otherwise in breach of  these Terms of Service.  

 

3.8. To promote the RYR Platform, User Content may be displayed on other websites, in  applications, within emails, and in online and offline advertisements.  

 

4. – YOUR PRIVACY AND SECURITY  

 

4.1. Although we have taken reasonable and appropriate measures to protect your personal  information, we cannot and do not guarantee that the personal information you provide  will not be intercepted or accessed by others. Please see our Privacy Policy for details  regarding the manner in which we collect and use information about you, maintain the  confidentiality of your personally identifiable information, and use technology and  procedures to maintain the security of the RYR Platform. Your access or use of the RYR  Platform constitutes your agreement to the terms and conditions of our Privacy Policy,  and our use of information gathered about you in accordance with that policy. Our  Privacy Policy may be revised from time to time. We may notify you of the changes by  mail, email, or by posting a modified Privacy Policy on our Site. Your continued use of  the Site or the RYR Platform following such notification or posting will constitute your  acceptance of the revised Privacy Policy. Accordingly, please check the Site regularly for  revisions to the Privacy Policy. Websites linked to this Site may publish separate privacy  and security policies in connection with your use of their sites and services. Please refer  to their rules whenever you leave this Site. Our Privacy Policy is deemed incorporated  by reference into this Agreement. 

5. – SERVICE FEES  

 

5.1. RYR may charge fees to Owners ("Owner Fees") and/or Renters ("Renter Fees")  (collectively, "Service Fees") in consideration for the use of the RYR Platform. More  information about when Service Fees apply and how they are calculated can be found  on our Service Fees page.  

 

5.2. Any applicable Service Fees (including any applicable Taxes, as defined below)  applicable to an Owner or Renter in respect of an Offering will be displayed prior to an  Owner publishing or a Renter booking an Offering. RYR reserves the right to change the  Service Fees at any time, provided that any such changes to the Service Fees shall not  apply retroactively to any Offerings booked prior to the effective date of such change.  

 

5.3. You are responsible for paying any Service Fees that you owe to RYR. The applicable  Service Fees are due and payable and collected by RYR Payments pursuant to these  Terms. Except as otherwise provided in these Terms, Service Fees are non-refundable.  

 

6. – TERMS SPECIFIC FOR OWNERS  

 

6.1. When creating and publishing an Offering through the RYR Platform you must (a)  provide complete and accurate information about your Owner Services (such as vehicle  description and location), (b) disclose any deficiencies, restrictions and requirements  that apply to the vehicle or the Offering and (c) provide any other pertinent information  as may be required or requested by RYR from time to time. You are responsible for  keeping your Offering information up-to-date at all times. RYR reserves the right to  require certain details or Images (as defined below) to be included in Offerings.  

 

6.2. You are responsible for setting a price for your Offering (“Offering Fee”). Once a Renter  requests a booking of your Offering, you may not request that the Renter pay a higher  price than in the booking request.  

 

6.3. Any terms and conditions included in your Offering shall not conflict with these Terms of  Service or the Rental Agreement.  

 

6.4. Pictures and videos (collectively, "Images") used in your Offerings must not be  misleading and must accurately reflect the vehicle that is the subject of the Offering.  

 

6.5. The placement and ranking of Offerings in search results on the RYR Platform may be  ordered or otherwise determined by RYR at its sole discretion.  

 

6.6. When you accept a booking request by a Renter, you are entering into a legally binding  agreement with the Renter and are required to provide your Owner Service(s) to the  Renter as described in your Offering and pursuant to the Terms of the Rental  Agreement. You also agree to pay the applicable Owner Fee and any applicable Taxes,  which will be collected pursuant to these Terms.  

 

6.7. Every Owner shall (a) prior to publishing any Offerings,(b) at all times that they are  listing or maintaining any Offerings and (c) for the entirety of the term of any accepted  Offerings:  

 

(a) ensure that all vehicles that are the subject of any such offering are registered  with Manitoba Public Insurance Corporation; and  

 

(b) maintain in full force and effect U-Drive vehicle insurance through Manitoba  Public Insurance Corporation for all vehicles that are the subject of any such  Offering; 

It shall be your responsibility to review any respective insurance policy carefully, and in  particular to make sure that you are familiar with and understand any exclusions to, and any  deductibles that may apply for, such insurance policy, including, but not limited to, whether or  not the insurance policy will cover the actions or inactions of Renters while making use of the  Owner Services.  

 

6.8. You represent and warrant that any Offering you post and the booking of, or any Owner  Services will (i) not breach any agreements you have entered into with any third parties,  and (ii) comply with all applicable laws, Tax requirements, and other rules and  regulations (including having all required permits, licenses and registrations, including  with Manitoba Public Insurance Corporation).  

 

7. – TERMS SPECIFIC FOR RENTERS  

 

7.1. You can book an Offering available on the RYR Platform by following the booking  process on the RYR Platform. All applicable charges and fees, including the Offering  Fee, Security Deposit (if applicable), Renter’s Fee and any applicable Taxes (collectively,  “Total Fees”) will be presented to you prior to the completion of a booking. You agree to  pay the Total Fees for any booking requested in connection with your RYR Account.  

 

7.2. Upon receipt of a booking confirmation from RYR, a legally binding agreement is formed  between you and the Owner on the Terms of the Rental Agreement.  

 

7.3. If you book an Owner Service on behalf of additional Renters, you are required to ensure  that every additional Renter meets these Terms of Service any requirements set by the  Owner, and is made aware of and agrees to these Terms of Service, the Terms of the  Rental Agreement and any terms and conditions, rules and restrictions set by the  Owner.  

 

7.4. You understand that a confirmed booking of an Offering is a limited license granted to  you by the Owner to possess and use the vehicle underlying the Owners Services for  the term of your booking, during which time the Owner (only where and to the extent  permitted by applicable law) retains the right to repossess the vehicle, subject to your  agreement with the Owner.  

 

7.5. You agree to return the vehicle no later than the return time that the Owner specifies in  the Offering or such other time as mutually agreed upon between you and the Owner. If  you retain possession of the vehicle past the agreed upon return time without the  Owner's consent (“Overhold”), you no longer have a license to possess and use the  vehicle and the Owner shall be entitled to all remedies available at law. In addition, you  agree to pay an additional fee in accordance with the terms of the RYR Fines and Fees  Policy in the event of Overholding, to cover the inconvenience suffered by the Owner,  plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Owner to  repossess the vehicle (collectively, “Overhold Fees”). RYR Payments will collect  Overhold Fees from you pursuant to these Terms of Service.  

 

7.6. You are solely responsible for returning the vehicle in the condition it was in when you  took possession. You are responsible for your own acts and omissions and are also  responsible for the acts and omissions of any passengers or individuals whom you  provide access to, the vehicle, other than the Owner.  

 

8. – BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS  

 

8.1. Owners and Renters are responsible for any modifications to a booking that they make  through the RYR Platform (“Booking Modifications”), and agree to pay any additional Offering Fees, Owner Fees or Renter Fees and/or Taxes associated with such Booking  Modifications.  

 

8.2. For the period beginning at the acceptance of the booking request and ending five (5)  days prior to the commencement of the booking (the “Cancellation Period”), Renters  can cancel a confirmed booking, and RYR Payments will provide to the Renter a full  refund of the Total Fees for such booking. Unless the booking is cancelled during the  Cancellation Period, or where extenuating circumstances exist (such circumstances to be  determined at the sole discretion of RYR), any amounts due to the Owner pursuant to  the terms of the accepted Offering (or a portion thereof) will be remitted to the Owner by  RYR Payments pursuant to the RYR Cancellation Policy and these Terms of Service.  

 

8.3. Where a booking is cancelled by an Owner outside of the Cancellation Period, the  Owner may be subject to a cancellation fee as set out in the RYR Cancellation Policy  (“Cancellation Fees”). As an Owner, you agree to pay any such Cancellation Fees.  

 

8.4. If an Owner cancels a confirmed booking, the Renter will receive a full refund of the Total  Fees for such booking and RYR may publish an automated review on the Offering  cancelled by the Owner indicating that a booking was cancelled. In addition, RYR may (i)  keep the calendar for the Offering unavailable or blocked for the dates of the cancelled  booking, and/or (ii) if the cancellation occurred after the Cancellation Period, impose a  cancellation fee, unless the Owner has a valid reason for cancelling the booking that  constitutes extenuating circumstances (such circumstances to be determined at the sole  discretion of RYR) or has legitimate concerns about the Renter’s behavior (to be  determined at the sole discretion of RYR).  

 

8.5. In certain circumstances, RYR may decide, in its sole discretion, that it is necessary to  cancel a confirmed booking and make appropriate refund and payout decisions. This  may occur (i) where RYR believes in good faith, while taking the legitimate interests of  both parties into account, this is necessary to avoid significant harm to RYR, other  Users, third parties or property, or (ii) for any of the reasons set out in these Terms of  Service.  

 

8.6. Users may contact RYR to send or request money for refunds, additional Owner  Services or Claims related to bookings. RYR will handle all such payments pursuant to  these Terms of Service.  

 

9. – RATINGS AND REVIEWS  

 

9.1. Subject to restrictions as may be determined by RYR, Renters and Owners can leave a  public review (“Review”) and submit a star rating (“Rating”) about each other. Any  Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion  of RYR. Ratings and Reviews are not verified by RYR for accuracy and may be incorrect  or misleading.  

 

9.2. Ratings and Reviews by Renters and Owners must be fair, truthful and factual, may not  be misleading and may not contain any offensive or defamatory language and must  otherwise comply with these Terms of Service.  

 

9.3. We may, but have no obligation to, monitor, edit or remove content that we determine in  our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic,  obscene or otherwise objectionable or violates any party’s intellectual property or these  Terms of Service.  

 

9.4. You agree that your Ratings and Reviews will not violate any right of any third-party,  including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Ratings and Reviews will not contain libelous or otherwise  unlawful, abusive or obscene material, or contain any computer virus or other malware  that could in any way affect the operation of the RYR Platform or any related website.  

 

9.5. You may not use a false e-mail address, pretend to be someone other than yourself, or  otherwise mislead us, Users or third-parties including as to the origin of any comments.  You may not manipulate the Ratings and Reviews system in any manner, such as  instructing a third party write a positive or negative Review about another User. You are  solely responsible for any comments you make and their accuracy. We take no  responsibility and assume no liability for any comments posted by you or any third-party.  

 

10. – DAMAGE TO VEHICLES, USER DISPUTES  

 

10.1. If an Owner claims and provides evidence that a Renter has returned the vehicle that is  the subject of an Offering damage or any personal or other property of the Owner in  connection with the Owner’s Services are missing or damaged, or where the Renter’s  use of the Owner Services results in the Owner incurring a ticket, expense, fee or other  cost (a “Claim”), the Owner can seek compensation from the Renter through the RYR  Platform. In the event a Claim is brought to RYR, the Renter will be given an opportunity  to respond to any such Claim. If the Renter agrees to pay the Owner, or RYR determines  in its sole discretion that the Renter is responsible for the Claim in accordance with these  Terms of Service, RYR will collect any such payment from the Renter required to cover  the Claim pursuant to these Terms of Service.  

 

10.2. Users agree to cooperate with and assist RYR in good faith, and to provide RYR with  such information and take such actions as may be reasonably requested by RYR, in  connection with any Claims or other complaints or claims made by Users relating to the  Owner’s Services, such related vehicle or any personal or other property of the Owner. A  User shall, upon RYR's reasonable request and at no cost to the User, participate in  mediation or a similar resolution process with another User, which process will be  conducted by RYR or a third party selected by RYR.  

 

10.3. If you are a Renter or an Owner, you understand and agree that RYR may make a claim  under any insurance policy held by you related to any damage or loss that you may have  caused, or been responsible for, to a vehicle or any personal or other property. You  agree to cooperate with and assist RYR in good faith, and to provide RYR with such  information as may be reasonably requested by RYR, to make a claim under any such  policies of insurance, including, but not limited to, executing documents and taking such  further acts as RYR may reasonably request to assist RYR in accomplishing the  foregoing.  

 

11. – PAYMENT SERVICES  

 

11.1. RYR provides payments services to Users, including payment collection services,  payments and payouts, in connection with and through the RYR Platform (“Payment  Services”).  

 

11.2. Your access to or use of certain Payment Services may be subject to, or require you to  accept, additional terms and conditions.  

 

11.3. RYR cannot guarantee the continuous and uninterrupted availability and access to the  Payment Services and may restrict the availability of the Payment Services, or certain  services or features thereof, to carry out maintenance on, improve, enhance and modify  the Payment Services or introduce new Payment Services from time to time. 

11.4. Users may be required to add a financial instrument to their RYR Account in order to use  the RYR Platform, publish or accept an Offering. Such financial instruments could  include a credit card, debit card, PayPal account or other payment method that is  accepted on the RYR Platform from time to time (for Renters, a “Payment Method” and  for Owners, a “Payout Method”).  

 

11.5. In order to add a Payment Method or Payout Method, you will be required to provide  customary billing information including your name, billing address, and financial  instrument information either to RYR or, if applicable, a third-party payment processor.  You must provide up-to-date, accurate, and complete information when adding a  Payment Method or Payout Method, and you are required to keep your Payment Method  and Payout Method up-to-date and accurate at all times. You are solely responsible for  the accuracy and completeness of your Payment Method and Payout Method  information. RYR is not responsible for any loss suffered by you as a result of your  failure to provide accurate and complete Payment Method and Payout Method  information.  

 

11.6. When you add a Payment Method during checkout, the Payment Method will be  automatically saved to your RYR Account to be used in future transactions, or otherwise  in accordance with these Terms of Service.  

 

11.7. RYR or a third party payment processor may verify a Payment Method by initiating a  payment of a nominal amount, which nominal amount shall either be refunded to the  User or applied against and fees or amounts owing by the User.  

 

11.8. Payment Methods and Payout Methods may involve the use of third-party payment  service providers. These service providers may charge you additional fees when  processing payments and payouts when you utilize the Payment Services and which  may include deducting any such charges from the payout amount. RYR is not  responsible for the fees of any third party payments processors and RYR shall not be  liable for same.  

 

11.9. Your Payment Method or Payout Method may also be subject to additional agreements  or terms and conditions of the third-party payment service provider. It is your  responsibility to review these terms and conditions prior to adding a Payment Method or  Payout Method.  

 

11.10. You authorize RYR to collect and store your Payment Method information and charge  your Payment Method as outlined in these Terms of Service. If your Payment Method’s  account information changes (e.g., account number, routing number, expiration date) as  a result of re-issuance or otherwise, we may acquire that information from our financial  services partner or your bank and update your Payment Method on file in your RYR  Account.  

 

11.11. In most circumstances, RYR will collect the Total Fees from a Renter by charging the  Renter’s Payment Method once the booking request is accepted by the Owner.  

 

11.12. In order to receive a payout you must have a valid Payout Method linked to your RYR  Account. RYR will generally initiate payouts to your selected Payout Method within ___  days of the end of the booking, subject to these Terms of Service. The time it takes to  receive payouts once released by RYR may depend upon the Payout Method you  select. RYR may delay or cancel any payout for purposes of preventing unlawful activity  or fraud, risk assessment, security, or investigation or otherwise in accordance with  these Terms of Service. 

11.13. Your payout for a booking will be the Offering Fee less applicable Owner Fees and  Taxes. RYR is also entitled to withhold or deduct any other amounts owing by you to  RYR or to other Users, including with respect to prior Offerings.  

 

11.14. All amounts, including Renter Fees, Owner Fees, Offering Fees and Taxes, referenced  in the RYR Platform shall be in Canadian Dollars, The payment of all such Renter Fees,  Owner Fees, Offering Fees and Taxes remittance by RYR of payouts shall take place in  Canadian Dollars.  

 

11.15. RYR at its discretion may limit the value of each individual payout. If you are due an  amount above that limit, RYR may issue multiple payouts (potentially over multiple  days).  

 

11.16. You authorize RYR to charge your Payment Method the Total Fees for any and all  bookings requested in connection with your RYR Account. Upon successful completion  of the charge to your Payment Method your requested booking you will receive a  confirmation email.  

 

11.17. You authorize RYR to collect any amounts due by charging the Payment Method for:  

 

(a) any bookings made in connection with your RYR Account. You hereby authorize  RYR provided at checkout;  

 

(b) Overhold Fees payable under these Terms of Service;  

 

(c) Cancellation Fees payable under these Terms of Service and the RYR  Cancellation Policy;  

 

(d) any costs and expenses RYR incurs in collecting the Overhold Fees;  

 

(e) the payment of a Claim that you agree to pay or that RYR determines that you  are responsible for pursuant to Section 10 of these Terms of Service;  

either directly by RYR or indirectly, via a third-party online payment processor, and/or by  one or more of the payment methods available on the RYR Platform (such as gift cards).  

 

11.18. If RYR is unable collect any amounts due by charging your selected Payment Method,  you authorize RYR to charge any other Payments Methods on file in your RYR Account  (unless at the time of the charge the authorization to charge such Payment Method(s)  has been removed). You also authorize RYR to charge any Payment Method on file in  your RYR Account in the event of a Claim pursuant to Section 10 (“Damage to Vehicles,  User Disputes”) or in respect of Overhold Fees or Cancellation Fees.  

 

11.19. Each User collecting payment for services provided via the RYR Platform (such as  Owner Services or transactions facilitated in resolving a Claim) (“Providing User”) hereby  appoints RYR as the Providing User’s payment collection agent solely for the limited  purpose of accepting funds from Users purchasing such services or resolving such  Claims (“Purchasing User”).  

 

11.20. Each Providing User agrees that payment made by a Purchasing User through the RYR  Platform shall be considered the same as if the payment had been made directly to the  Providing User and the Providing User agrees to provide the Owner Services to the  Purchasing User pursuant to the Terms of the Rental Agreement in the same manner  as if the Providing User had received the payment from Purchasing User directly. 

11.21. Each Providing User agrees that RYR may refund the Purchasing User in accordance  with these Terms of Service and the RYR Cancellation Policy. Each Providing User  understands that RYR’ obligation to pay the Providing User is subject to and conditional  upon the receipt of any such payments by the Purchasing User. Notwithstanding RYR  may be the limited payment collection agent of the Providing User, RYR shall be in no  way liable for any acts or omissions of the Providing User.  

 

11.22. Each Purchasing User acknowledges and agrees that, notwithstanding the fact that RYR  is not a party to the agreement between you and the Providing User, RYR acts as the  Providing User’s payment collection agent for the limited purpose of accepting payments  from you on behalf of the Providing User.  

 

11.23. If RYR is unable to collect any amounts you owe under these Terms of Service, RYR  may engage in collection efforts to recover such amounts from you. You hereby explicitly  agree that all communication in relation to amounts owed may be made by electronic  mail or by phone, as provided to RYR and/or RYR by you. Such communication may be  made by RYR, RYR, or by anyone on their behalf, including but not limited to a third 

party collection agent.  

 

12. – TAXES  

 

12.1. As an Owner you are solely responsible for determining your obligations to report,  collect, remit or include in your Offering Fees any applicable taxes including retail sales  tax, excise tax or income tax (“Taxes”).  

 

12.2. The Owner acknowledge RYR may have a legal obligation to and in such circumstances  shall be entitled to (a) collect necessary Tax information from Owners (b) withhold Taxes  from payouts to Owners, and/or (c) facilitate the collection and remittance of Taxes on  behalf of Owners. The details respecting the amount of any Taxes, if any, collected and  remitted by RYR shall be provided to the Renter and Owner in writing.  

 

12.3. Renters and Owners agree that we may seek additional amounts from you in the event  that the Taxes collected and/or remitted are insufficient to fully discharge your obligations  to the relevant taxing authority, and agree that your sole remedy for Taxes collected is a  refund of Taxes collected by RYR from the applicable taxing authority in accordance with  applicable laws, regulations and procedures governing that taxing authority.  

 

13. – PROHIBITED ACTIVITIES  

 

13.1. You are solely responsible for compliance with any and all laws, rules, regulations, and  Tax obligations that may apply to your use of the RYR Platform. In connection with your  use of the RYR Platform, you will not and will not assist or enable others to:  

 

13.2. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited  from using the site or its content:  

 

(a) for any unlawful purpose;  

 

(b) to solicit others to perform or participate in any unlawful acts;  

 

(c) to violate any international, federal, provincial or state regulations, rules, laws, or  local ordinances;  

 

(d) to infringe upon or violate our intellectual property rights or the intellectual  property rights of others; 

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or  discriminate based on gender, sexual orientation, religion, ethnicity, race, age,  national origin, or disability;  

 

(f) to submit false or misleading information;  

 

(g) to upload or transmit viruses or any other type of malicious code that will or may  be used in any way that will affect the functionality or operation of the RYR  Platform or of any related website, other websites, or the internet;  

 

(h) copy, store or otherwise access or use any information, including personally  identifiable information about any other User, contained on the RYR Platform in  any way that is inconsistent with RYR’s Privacy Policy or these Terms or that  otherwise violates the privacy rights of Users or third parties;  

 

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;  

 

(j) for any obscene or immoral purpose; or  

 

(k) to interfere with or circumvent the security features of the Service or any related  website, other websites, or the Internet. We reserve the right to terminate your  use of the Service or any related website for violating any of the prohibited uses.  

 

(l) use the RYR Platform in connection with the distribution of unsolicited  commercial messages ("spam");  

 

(m) offer, as an Owner, any vehicle that you do not yourself own;  

 

(n) unless RYR explicitly permits otherwise, book any Offering if you will not actually  be using the Owner Services yourself;  

 

(o) contact another User for any purpose other than asking a question related to a  your own booking, Offering, or the User's use of the RYR Platform;  

 

(p) use the RYR Platform to request, make or accept a booking independent of the  RYR Platform, to circumvent any Service Fees or for any other reason;  

 

(q) request, accept or make any payment for Offering Fees outside of the RYR  Platform. If you do so, you acknowledge and agree that you:  

 

(i) would be in breach of these Terms;  

 

(ii) accept all risks and responsibility for such payment, and  

 

(iii) hold RYR harmless from any liability for such payment;  

 

(r) attempt to decipher, decompile, disassemble or reverse engineer any of the  software used to provide the RYR Platform;  

 

(s) take any action that damages or adversely affects, or could damage or adversely  affect the performance or proper functioning of the RYR Platform;  

 

(t) violate or infringe anyone else’s rights or otherwise cause harm to anyone.  

 

13.3. You acknowledge that RYR has no obligation to monitor the access to or use of the RYR  Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so at the sole discretion of RYR. Users agree to cooperate with and assist  RYR in good faith, and to provide RYR with such information and take such actions as  may be reasonably requested by RYR with respect to any investigation undertaken by  RYR or a representative of RYR regarding the use or abuse of the RYR Platform.  

 

13.4. If you feel that any User you interact with, whether online or in person, is acting or has  acted in violation of the law of the Province of Manitoba or the federal laws of Canada  you should immediately report such person to the appropriate authorities and then to  RYR, provided that your report will not obligate us to take any action beyond that  required by law (if any) or cause us to incur any liability to you.  

 

14. – TERM AND TERMINATION  

 

14.1. The obligations and liabilities of the parties incurred prior to the termination date shall  survive the termination of these Terms of Service and the relationship between the  parties for all purposes.  

 

14.2. These Terms of Service are effective unless and until terminated by either you or us. You  may terminate these Terms of Service at any time by notifying us that you no longer wish  to use our Services, or when you cease using the Site.  

 

14.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any  term or provision of these Terms of Service, we also may terminate these Terms of  Service and permanently suspend your RYR Account at any time without notice and you  will remain liable for all amounts due up to and including the date of termination; and/or  accordingly may deny you access to the RYR Platform (or any part thereof).  

 

14.4. RYR may take the following steps in the event a User breaches these Terms of Services  or where RYR otherwise determines in its sole discretion that such action is reasonably  necessary to protect the personal safety or property of RYR, its Users, third parties, the  RYR Platform, or to prevent fraud or other illegal activity:  

 

(a) refuse to post, delete or delay any Offerings, Ratings, Reviews, or other User  Content;  

 

(b) cancel any requested or confirmed bookings;  

 

(c) limit your access to or use of the RYR Platform;  

 

(d) temporarily or permanently suspend your RYR Account;  

 

14.5. If we take any of the measures described above (a) we may refund your Renters in full  for any and all confirmed bookings that have been cancelled, and (b) you will not be  entitled to any compensation for pending or confirmed bookings that were cancelled.  

 

14.6. If your access to or use of the RYR Platform has been limited or your RYR Account has  been temporarily or permanently suspended or these Terms of Service have been  terminated by us, you may not register a new RYR Account or access and use the RYR  Platform through an RYR Account of another User.  

 

15. – MODIFICATION TO TERMS OF SERVICE 

 

15.1. You can review the most current version of the Terms of Service at any time at this page.  

 

15.2. We reserve the right, at our sole discretion, to update, change or replace any part of  these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or  access to our website or the RYR Platform following the posting of any changes to these  Terms of Service constitutes acceptance of those changes.  

 

16. – DISCLAIMERS, ASSUMPTION OF RISK AND NO WARRANTIES  

 

16.1. If you choose to use the RYR Platform or the Owners Services, you do so voluntarily  and at your sole risk. The RYR Platform and Collective Content are provided “as is”,  without any express or implied warranties of any kind. 

 

16.2. You acknowledge and agree that you have had whatever opportunity you deem  necessary to investigate the Owner, the Owner Services, laws, rules, or regulations that  may be applicable to your Offerings and/or Owner Services you are receiving and that  you are not relying upon any statement of law or fact made by RYR relating to an  Offering. 

 

16.3. If we choose to conduct identity verification or obtain any information contemplated in  Section 2.5 of these Terms of Service on any User, to the extent permitted by applicable  law, we disclaim any warranties of any kind, either express or implied, in relation thereto  and the User agrees that they may not rely on RYR to identify or warn of any prior  misconduct by a User, including by conducting such checks. 

 

16.4. You acknowledge and agree that some the operating of a vehicle carries inherent risk,  and by participating in those Owner Services, you choose to assume those risks  voluntarily. For example, the use and operation of a vehicle carries the risk of damage to  personal property, bodily injury, disability, or death, and you freely and willfully assume  those risks by choosing to use and/or offer those Owner Services. You assume full  responsibility for the choices you make before, during and after your participation in an  Owner Service. If you allow access to or use of the Owner Services to any other person  such as a passenger, you are solely responsible for the acts and omissions of that  individual throughout the duration of your Owner Services and to the maximum extent  permitted by law, you agree to release and hold harmless RYR from all liabilities and  claims that arise in any way from any injury, death, loss or harm that occurs to you or  your invitees or any other person during the Owner Service or in any way related to your  use of the Owner Services. 

 

16.5. To the extent permitted by law, any condition or warranty which would otherwise be  implied into these Terms of Service, is hereby excluded. Where legislation implies any  condition or warranty, and that legislation prohibits us from excluding or modifying the  application of, or our liability under, any such condition or warranty, that condition or  warranty will be deemed included but our liability will be limited in accordance with  Section 17.7 of these Terms of Service.  

 

16.6. Notwithstanding RYR’s appointment as the limited payment collection agent of Offering  Users for the purposes of accepting payments from Accepting Users through the RYR  Platform, RYR explicitly disclaims all liability for any act or omission of any User or other  third party. RYR does not have any duties or obligations as agent for each Offering User  except to the extent expressly set forth in these Terms of Service, and any additional  duties or obligations as may be implied by law are expressly excluded.  

 

16.7. IN NO CASE SHALL RYR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,  AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR  LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,  INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF  ANY KIND, INCLUDING, WITHOUT LIMITATION ANY LOST PROFITS, LOST  REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING  NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF  ANY OF THE RYR PLATFORM OR ANY OWNERS SERVICES PROCURED BY THE  USERS IN USING THE RYR PLATFORM, OR FOR ANY OTHER CLAIM RELATED IN  ANY WAY TO YOUR USE OF THE RYR PLATFORM OR ANY PRODUCT OR  SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN  ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A  RESULT OF THE USE OF THE RYR PLATFORM OR ANY CONTENT (OR  OFFERINGS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA  THE RYR PLATFORM, EVEN IF ADVISED OF THEIR POSSIBILITY.  

 

16.8. You agree to release, indemnify, defend (at the option of RYR) and hold RYR its officers,  directors, employees and agents, harmless from and against any claims, liabilities,  damages, losses, and expenses, including, without limitation, legal fees on a solicitor  and client basis, accounting fees, arising out of or in any way connected with:  

 

(a) your breach of these Terms of Service;  

 

(b) your improper use of the RYR Platform;  

 

(c) your interaction with any User, use of a vehicle or Owner Services, including  without limitation any injuries, losses or damages (whether compensatory, direct,  incidental, consequential or otherwise) of any kind arising in connection with or  as a result of such use,  

 

(d) RYR’s collection and remittance of any Taxes; and  

 

(e) your breach of any law, regulation or third party right.  

 

17. – GENERAL TERMS  

 

17.1. The Agreement shall be governed by, and construed in accordance with, the laws of  Canada and the Province of Manitoba. Users and RYR submit to the exclusive  jurisdiction of the courts of Manitoba to resolve any dispute arising out of the Agreement  or out of use of the Site or the RYR Platform.  

 

17.2. These Terms of Service constitute the entire agreement between you and RYR with  respect to the subject matter addressed herein, and governs your use of the Site,  superseding any prior agreements. The failure of RYR to exercise any right or provision  of these Terms of Service shall not constitute a waiver of such right or provision. If any  provision of these Terms of Service is found by a court of competent jurisdiction to be  invalid, the parties nevertheless agree the other provisions of these Terms of Service  remain in full force and effect. The section headings used in this Agreement are for  convenience only and have no legal effect.  

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED  THEREIN. I UNDERSTAND THAT BY USING THE RYR PLATFORM, I HAVE INDICATED MY  ACCEPTANCE TO THIS AGREEMENT. I WARRANT THAT MY USAGE OF THE SITE AND  THE RYR PLATFORM SHALL CONFORM TO AND COMPLY WITH THE TERMS OF THIS  AGREEMENT, AND TO ANY APPLICABLE LAWS AND REGULATIONS.