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.
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
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;
(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.