Eligo Cars - Terms of Service

Last Revised Aug 27th, 2019

Eligo Cars Inc (hereinafter, “Eligo”, “we”, or “us”), provides an online marketplace for peer to peer vehicle rentals by connecting vehicle owners with people seeking to rent those vehicles (hereinafter referred to as the “Platform”). Individuals who own vehicles and list their vehicles on the marketplace to be rented will hereinafter be referred to as “Owners”; individuals who are seeking to rent vehicles listed on the marketplace will hereinafter be referred to as “Renters”. Eligo is accessible online at eligocars.com and as a mobile application and hereinafter will be collectively referred to as the “Platform”. This Terms of Service Agreement (hereinafter “Terms”) outlines the terms and conditions that apply to all users and visitors (collectively “Users”, “User” or “you”) that use and access the Platform, as well as individuals that use it to communicate with us or other Users on the Platform, and constitutes a binding legal agreement between you and Eligo. By accessing or using the Platform, you agree that you have read, understood and comply with, and you agree to be legally bound by this Terms of Service agreement, whether or not you have read them and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of Eligo Services.

We reserve the right to, at our sole discretion, change or update our Platform and services offered, or to make changes to these Terms when deemed necessary by us. If we make any changes to these Terms, we will post the date of the revision on the top of this page following the words “Last Revised”. By continuing to access or use our Platform after we have posted a revision, you are indicating that you accept and agree to be bound by the revised Terms. If you do not agree to any of these terms, do not use or access the Platform and close your account.

PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH AND ALL OF THEM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, LIMITATIONS AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. YOU UNDERSTAND AND AGREE THAT ELIGO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ANY OF THE PLATFORM’S USERS, ELIGO IS NOT A RENTAL CAR COMPANY AND IS NOT AN AGENT, INSURER OR TRANSPORTATION SERVICE. ELIGO HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ELIGO HAS OBTAINED GROUP LIABILITY AND PHYSICAL DAMAGE INSURANCE POLICIES IN CANADA. ELIGO IS THE NAMED INSURED ON THOSE POLICIES. IF YOU RECEIVE PROTECTION UNDER ONE OF THESE GROUP POLICIES, YOUR COVERAGE IS PROVIDED BY THIRD PARTY INSURANCE COMPANIES AND/OR THEIR BROKERS.

If you have any questions and comments concerning these Terms, please contact us at  support@eligocars.com


Using Our Platform

Eligibility

Account Registration, Verification & Updates

In order to access certain services on the Platform you must register for a user account with us (hereinafter “Account”) by providing us your email address and creating a password. There are two types of Accounts that an individual can register for to use Eligo services. As used in this document “Owner” refers to individuals that have a specific Account for the purpose of listing their vehicle for rent, and “Renter” refers to individuals that create an Account for the purpose of renting cars which are available on the Platform. We are not able to register you as an Owner or Renter without verifying your identity first. By applying for an Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you (as detailed in the Privacy Policy). Eligo may accept or reject Account applications, in our sole discretion, for any reason without having to provide a reason. If you are accepted for an Account, you acknowledge and agree to abide by these Terms, as well as the Renter and Vehicle Eligibility Requirements of whichever is applicable to your particular type of Account. By applying for an Account, you are also consenting Eligo to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.

When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the Terms. You will be solely responsible for any activity through your Account, and keeping your Account password secure. You must notify Eligo immediately of any breach of security or unauthorized use of your Account. Eligo will not be liable for any losses caused by any unauthorized use of your Account.

Eligo may use your contact information such as email, phone number, and address listed on your Account to deliver notices to you. Please check periodically to make sure that this information is up to date as any notices delivered to your contact information will be considered valid even if you no longer maintain the email account, phone number, or receive mail at that address.

Your Commitments & Violations

You confirm that you will always use your Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by Eligo. As an Owner, you agree that you will provide a safe and legally registered and insured vehicle, with a title in good standing, in acceptable mechanical condition, made accessible at the correct time agreed upon booking to the renter, traveler or guest who is an approved Renter. As a Renter, you commit that you’ll be a legally licensed driver who will take all reasonable measures to return the vehicle on time and in the same condition that you received it, save and except for normal wear and tear.

All Users understand and agree to the following commitments:

Eligo may permanently or temporarily terminate, suspend, any Account or refuse to permit any User access to the Platform without notice and liability for any reason, including if, at Eligo's sole discretion, the User violates any of these Terms, or for no reason. Upon termination for any reason or no reason, the User continues to be bound by this Terms. Also, in case of a violation of any of these terms, Eligo has the right, but not the obligation, to investigate and seek persecution or litigate violations of this Terms to the fullest extent allowed by law. You agree that Eligo will not be liable to you for any interruption of the services available through the Platform, delay, or failure to perform.

Fees, Payments & Collection

The fees, charges, payment policies associated with the use of Eligo Platform and services are listed unEligo may add new services for additional fees and charges, or change the fees and charges for existing services, at any time in its sole discretion. All fees and charges associated with your use of the Platform are non-refundable unless otherwise stated on the Fee Schedule. By using our Platform you agree to these fees, charges, terms of sale, and payment policies

Eligo may add new services for additional fees and charges, or change the fees and charges for existing services, at any time in its sole discretion. All fees and charges associated with your use of the Platform are non-refundable unless otherwise stated on the Fee Schedule.

If you are an Owner, you may set the Rental fee for your car as permitted by the Platform. Our Fee Schedule explains how Eligo will apply the Rental fee on your behalf; which includes processing the Renter's credit card, retaining a commission as well as forwarding the Owner’s portion of funds to you. You shall select or change your preferred form and location of payment under your Account settings. Eligo reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under this Terms, or any amounts due as a result of a breach of this Terms by you; pending Eligo's reasonable investigation of such breach. You are solely responsible for providing and maintaining accurate contact and payment information associated with your Account, which includes, without limitation, applicable tax information. Eligo reserves the right to withhold payments if we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Platform. If you dispute any payment made hereunder, you must notify Eligo in writing within thirty (30) days of any such payment; failure to so notify Eligo shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Eligo.

If paying by debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment in accordance with our Fee Schedule. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products and Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Communications with You

It is your sole responsibility to provide us with your updated and valid contact information. We may contact you by phone or text messages which may be in the form of pre-recorded messages, at the provided phone number(s), email you, or use your mailing address to send you materials. It is important that your contact information is up to date so we can reach you for any reason, including but not limited to, in order to confirm your signup or registration; to provide notices and important information about your Account or Account activity; to investigate or prevent fraud; or to collect a debt. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply.

You agree and understand that your communications with Eligo may be overheard, monitored, or recorded without further notice or warning for quality control and training purposes. If you do not wish to have your call recorded, please contact us at support@eligocars.com.


TERMS FOR OWNERS AND RENTERS

Specific Terms for Owners

Owners may list their vehicle(s) for rent through the Platform. Each vehicle must meet the Maintenance and Safety Requirements of Eligo and may be rejected at Eligo’s sole discretion, with or without any reason. If Owners are not the legal owner of the vehicle they want to list, Owners need to provide us with all the necessary rights and permissions obtained from the legal owner to be able to rent the vehicle.

As an Owner you have specific responsibilities:

Accidents, Lost or Stolen Vehicles

Owners are required to report any damage to vehicle that is caused by a Renter, within 24 hours after the end of the booking period. Owners are also responsible for documenting the damage and cooperating with Eligo in the investigation of the damage so that it can be eligible for coverage. It is recommended for Owners and Renters to document the condition of the vehicle before the renting period begins to aid with any potential claims and to prevent fraudulent claims. Eligo will carry out an investigation in case of an accident and reasonably determine whether the damage happened during the rental period, and whether it is eligible for coverage. If the Owner did not decline insurance and protection via Eligo, and if we are able to determine that the damage is in fact caused by the Renter, Owners will be reimbursed for the loss as mentioned below. In the event that the Owner refuses to cooperate with Eligo during the investigation and we do not find any evidence that the damage was caused during the rental period, the Owner agrees that we may decline any financial responsibility for such damage. When Eligo’s insurance coverage is used, all Users involved are covered to a maximum of $2,000,000 for damages and injuries arising from their activities as an Owner or Renter.

If the Owner opted for Eligo insurance and their vehicle goes missing, is not returned and/or is stolen during the rental period, the Owner, must immediately contact Eligo and cooperate with Eligo and/or other authorities in relation to the investigation of locating the vehicle. If Owners are asked to file a police report, they agree to do so within 24 hours of the vehicle going missing.

Physical Damage

If the Owner chooses to receive insurance and protection via Eligo, Eligo’s insurers will bear the risk of theft, damage, or destruction of the Owner’s vehicle. Owner acknowledges and agrees that, in the case of physical damage to the vehicle, the insurers may choose not to cover certain types of damages. Eligo and its insurers are not responsible for any personal property, including any aftermarket installations that are taken from the Owner’s vehicle or damaged during a rental period. Owners are responsible for the removal of all personal property before making the vehicle available for a Renter. Eligo will not reimburse Owners for normal wear and tear to their vehicle. Owners should expect normal wear and tear such as minor scrapes and dings to their vehicle while using Eligo services. Any protection, coverage, or insurance provided may be voided if Owners violate our Terms of Service, or submit inaccurate information about their vehicle when listing it for rent through Eligo.

Other Legal and Insurance Matters

All Owners agree to comply with any and all laws and regulations, including the insurance and other vehicle requirements listed under section Vehicle Requirements.By using Eligo’s Platform and services, Owners agree to maintain the minimum insurance levels required by law, and agree to display proof of insurance and registration in the vehicle during every rental period. Owners also agree to provide Eligo with information regarding their policy’s coverage as may be requested. If Owners have accepted insurance through Eligo, Owners hereby appoint Eligo as their attorney-in-fact for all insurance-related actions including but not limited to: administering an insurance policy, filing insurance claims, working with affected Renter(s) etc.

Indemnification

If an Owner chooses to receive insurance coverage via Eligo, in the event of any claim for a loss or injury that occurs during the use of their car by a Renter , Eligo or its insurers will defend and indemnify the Owner against such claims as required by applicable law. In connection with any indemnified claim, the Owner is required to give Eligo or its insurers prompt written notice of the claim; allow Eligo sole control over the defense of the claim; and provide Eligo reasonable cooperation in its defense of the claim. If Eligo or its insurers reimburses the Owner for a lost or damaged vehicle and the Owner later receives payment for some or all of its vehicle from a third party (e.g. a third party insurance company or restitution), the Owner must reimburse Eligo any amount received from that third party.

Earnings Disclaimer.

The Owner acknowledges that we have not and do not make any representations as to the future income, or potential profitability or loss of any kind that may be derived as a result of their participation in the Platform. We cannot and do not guarantee that any Owner will attain a particular result, positive or negative, financial or otherwise, through the use of our Platform, and Owners accept and understand the results differ for each individual. Owner agree that their results are strictly their own and we are not liable or responsible in any way for their results.

Specific Terms for Renters

Fees, Insurance and Financial Responsibility

As a Renter, you agree to pay all fees associated with your use of Eligo and its services. Renters authorize Eligo to charge any of the payment methods that Renters provide under their Account. Renters will be responsible for all of the additional costs and charges such fines, tickets, and tolls incurred during the rental period.

Renters understand that they are primarily liable and fully responsible for any damages, losses, or other liabilities relating to their activities while using Eligo and its services. Eligo may offer Renters rental protection options for the vehicle that they are booking. If the Renter breaches any of these Terms, Eligo’s protection package may not be available to the Renter. Renters agree that in the event damage is reported, Eligo may immediately charge the Renter up to the amount stipulated with the protection package that the Renter selected when the Renter booked the vehicle. Nothing in these Terms is intended to limit the Renter’s responsibilities or Eligo’s legal rights in connection with their use of the Platform. Renters agree that Eligo may require and hold a deposit as part of the reservation of a vehicle.

An Owner may also choose to decline Eligo’s insurance and offer Renters their own commercial or rental policy insurance if it meets Eligo’s criteria, and includes the minimum legally required liability and/or physical damage coverage. Renters can determine directly in the vehicle listing whether the vehicle is insured via Eligo or via the vehicle owner directly. Where the Owner provides their own protection to Renters, no insurance, protection, or roadside assistance is offered to the Renter by Eligo. The Owner will bill the Renter directly for any applicable insurance, protection, or roadside assistance packages after booking, not through Eligo. The Owner may also require the Renter to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the car. By booking a vehicle where the Owner is providing protection, the Renter agrees that the Owner may impose additional terms and fees after booking.

If the Owner has selected to provide Eligo’s insurance and not use their own, Eligo will be acting on the Owner’s benefit, and Renters agree and understand that Eligo and its insurers will provide the primary liability insurance for the Owner and the Renter will not try to use the Owner’s personal insurance policy for any coverage. Renters are fully responsible for paying for any damage to the vehicle, subject to the protection package the Renter selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of the Renter’s use of a vehicle rented through Eligo. When Eligo’s insurance coverage is used, all Users involved are covered to a maximum of $2,000,000 for damages and injuries arising from their activities as an Owner or Renter.

Condition and Use of the Vehicle

The Renter understands and agrees that Eligo does not own any of the vehicles offered through our Platforms. Each Owner is responsible for complying with all legal requirements of owning their vehicle and maintaining their vehicle(s) in safe and roadworthy condition. It is important that the Renter visually inspects the vehicle when the Renter meets with the Owner before the trip begins; takes any photos of visible damages and records them on the Eligo Checklist. Recording of pre-existing damage is an important step to prevent against any fraudulent claims and mistakes. If any Renter has any reason to believe that the vehicle is not safe to drive, please contact Eligo, report the situation, and do not use the vehicle.

Vehicles rented through Eligo are only eligible for personal use, and not any commercial use. Renters agree to return the rental vehicle on time and to the correct location at the end of the rental period. Renters must use caution, care, and reasonable safety measures while utilizing the vehicle during the rental period. The driver and all of the passengers are required to wear seatbelts while the vehicle is operational. Renters must obey all laws including but not limited to speed limits, prohibitions on impaired driving, and are required to comply with laws and regulations concerning car seats and other protections for young passengers. In the event Eligo has any concern about the use of a vehicle, we may, at our sole discretion, terminate the reservation at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Owner. When a reservation is terminated due to our concern about the Renter’s use of the vehicle, the Renter will be fully financially responsible for any claims, loss, or damage related to misuse of a vehicle, and the Renter’s protection package may be voided. Renters also acknowledge that breaching these Terms and breaking the law while utilizing the vehicle may lower the renter’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.

Accident Reporting

If the Renter received Eligo’s insurance while booking the vehicle, in case of an accident the Renter must immediately report any damage to the vehicle to Eligo at support@eligocars.com .If there has been a collision the Renter must report to Eligo and to the police. The Renter will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Eligo or claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. The Renter is also required to cooperate in any loss investigation conducted by Eligo, our claims administrators, or our insurers. After an incident, the Renter may not continue to use the vehicle in the absence of express written permission from Eligo. If an incident is not reported to Eligo within 24 hours or if the Renter does not cooperate in an investigation, the Renter’s Eligo insurance may be reduced or invalidated.

Missing Vehicles

The Renter is responsible for returning all vehicles back to the Owner at the correct time and to the correct location at the end of the rental period. If the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms, the vehicle owner and/or hired agent of Eligo may repossess any vehicle rented through the Services without demand, at the renter’s expense.

If a vehicle goes missing and/or is stolen during the rental period, the Renter is responsible for immediately filing a police report and notifying Eligo within 24 hours. The Renter, must immediately return the keys back to the Owner and cooperate fully with the Owner, law enforcement, Eligo, and other authorities in all matters related to the investigation.

Legal Disputes for Owners and Renters, Resolution, Arbitration

If a dispute happens between you and Eligo, you agree to first contact us at support@eligocars.com and attempt to resolve the dispute with us informally. If the dispute is not resolved informally, we agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms, or the breach of these Terms (collectively “Claim”).

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CDN$15,000, the party requesting relief may seek to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration and the other party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The laws of the Province of Ontario and the federal laws of Canada applicable shall govern these Terms and any Claim you have against Eligo. In the event that arbitration is not chosen as a method of dispute resolution, you agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all Claims arising from your use of the Platform and the services provided on the Platform.


OTHER LEGAL MATTERS

User Content

Eligo at its sole discretion may permit you to post, upload, publish, submit or transmit content through our Platform including but not limited to photographs of you and your vehicle(s), reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Platform, you hereby grant to Eligo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license to use, sublicense, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Platform. Eligo does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Promotions

In order to comply with any promotional compensation you must be a registered User with a non-suspended Account, and have no violations to our Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Eligo community. Renters and Owners cannot cancel existing reservations to qualify for new promotions. Owners cannot rent their vehicle to acquaintances, friends, or family members to qualify for Owner promotions.

Eligo Software, License Grant, Restrictions, Upgrades

In order to use the Eligo Software you must have a device that is compatible with the Eligo Service. Eligo does not guarantee that the Eligo Software and/or Eligo Service are compatible with your mobile device or computer.

Technology Disclaimer

We try to ensure the availability and delivery of the platform. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Platform become unavailable or access to it become slower or incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Platform inaccessible to you.

Force Majeure

We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to these Terms caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.

License Grant

Subject to the terms and conditions of the Terms, Eligo grants Users a non-exclusive, non-transferable license to use the software. You may not transfer or sub-license the software to any third party, in whole or in part, in any form, whether modified or unmodified

Restrictions

Users may not modify, disassemble or decompile, the Eligo software, rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Eligo software to any third party or use the Eligo software to provide time sharing or similar services for any third party; make any copies of the Eligo software; remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Eligo software, or features that prevent or restrict use or copying of any content accessible through the Eligo software except to the extent that such restriction is expressly prohibited by law.

Software Updates

Eligo may from time to time issue updated versions of the Platform and may automatically electronically upgrade the version of the Platform that you are using on your mobile device. Users consent to such automatic upgrading on your mobile device, and your continued use of the Platform this Terms will apply to all such upgrades

Proprietary Rights

Our Limited License to you.

Except for your User content, the Platform and all materials therein or transferred thereby, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User content and all Intellectual Property Rights related thereto, are the exclusive property of Eligo. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Eligo content or materials on the Platform for any purpose not expressly permitted by this Terms is strictly prohibited. Any content of ours may not be used for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.

If you, the user, access our Platform, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. The means you may not use our any material found on our Platform in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You understand and agree that participating directly or indirectly or engaging in the prohibited, improper and/or unauthorized use of our Platform’s materials as set forth in these Terms of Use is considered theft and stealing. You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and may be turned over to the police for investigation as a criminal offence.

Your Licence to Us.

By posting or submitting any material on or through our Platform including but not limited to on our website, social media pages and app such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:

  1. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Platform, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Platform’s materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

  2. You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Platform’s materials in our sole discretion, at any time for any reason whatsoever..

Termination of the Terms of Service Agreement

You may discontinue your use of the Services and/or close your Account at any time and Eligo may terminate your access to the Platform for any reason or no reason. Termination of access to the Platform will not release either party from any obligations incurred prior to the termination and Eligo may retain and continue to use any information previously provided by you. Termination of this Terms will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Terms and/or any fees due, and all of those terms will survive any termination. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Platform.

Legal and Financial Disclaimer

Neither these Terms nor any content on our Platform is to be perceived OR relied upon in any way as legal advice. You are hereby advised to consult with your own lawyer, for any and all questions and concerns you have regarding your own liability with respect to the use of our Platform.

If you are an Owner, you agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Platform. You are solely responsible for your results.

No Warranty and Disclaimers

IF YOU CHOOSE TO USE THE ELIGO PLATFORM OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. THE PLATFORM AND ELIGO’S SERVICES AS WELL AS ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELIGO OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ELIGO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE ELIGO CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT ELIGO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND ELIGO IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE.

ELIGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ELIGO SERVICE OR ANY WEBSITE OR SERVICE, AND ELIGO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

ELIGO PROVIDES SERVICES THAT ENABLE PEER TO PEER CAR SHARING BETWEEN VEHICLE OWNERS AND VEHICLE RENTERS. ELIGO DOES NOT PROVIDE VEHICLE RENTAL SERVICES ITSELF AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES.

Limitation of Liability

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ELIGO AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES AND ANY ELIGO USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE OWNER PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE ELIGO PARTIES, ANY ACTIONS OR INACTION OF THE VEHICLE OWNER. NEITHER ELIGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

Indemnification

To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Eligo and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, to the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Eligo and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.

ENTIRE AGREEMENT

These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the use of the Platform, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.

CONTRACT PENALTY AND LIQUIDATED DAMAGES

You acknowledge that the following breaches of this contract may result in actual damages to Eligo and the value of loss arising from such damages would be difficult for Eligo to prove and determine: (i) engaging in gray market transactions (i.e., using Eligo to list a vehicle or find a rental, and then completing a reservation or related transaction partially or wholly independent of Eligo, (in order to avoid paying Eligo any fees) or (ii) registering domains, social media handles, bidding on keywords, or otherwise using the Eligo domains, trademarks, or taglines. You agree to pay Eligo $5,000 in Liquidated Damages to compensate Eligo for any such conduct. This amount is not intended as a punishment for any such breach.

SEVERABILITY

If any provision in the Agreement is construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.

TIME

Time shall be of the essence in all respects of the Agreement.


Eligo Cars Inc is located at 60 Atlantic Avenue, Suite 200Toronto ON M6K 1X9 Canada, and can be reached via email at support@eligocars.com or Toll Free Phone 1-833-463-5446