Terms Of Service

Introduction

PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES. THESE INCLUDE LIMITATIONS AND EXCLUSIONS, A PROVISION THAT GOVERNS THE VENUE AND JUSRISDICTION OF DISPUTES, FOR U.S. RESIDENTS TO ARBITRATE CLAIMS ON AN INDIVIDUAL BASIS, UNLESS YOU OPT OUT, AND OBLIGATOINS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

TRIPCAR, LLC (hereinafter “TRIPCAR”, “Company”, “we”, “us”), provides an online platform that connects vehicle Hosts with individuals seeking to rent vehicles. TRIPCAR is accessible online at TRIPCAR.com, and as a mobile device application (the TRIPCAR website, mobile applications, and blog, are hereinafter collectively referred to as “the platform”). By accessing or using the platform, including communication with us or with other TRIPCAR users, you agree to comply with and be legally bound by, the provisions in these Terms of Service (“the Terms”, whether or not you become a registered user of the platform. These terms govern your access to, and use of, the platform and constitute a binding legal agreement between TRIPCAR and you. All of the provisions set forth in the Terms, together with the TRIPCAR Privacy Policy and the User Policies provided on the platform constitute the “Agreement” between TRIPCAR and you.

TRIPCAR reserves the right to change or modify our platform or to modify these Terms at time. All such modifications will be posted on our platform and will include a “Last Revised” date at the top of these Terms. By continuing to access our platform after we have posted a modification, or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If you are not in agreement with the modified Terms, your sole recourse is to discontinue using and accessing our platform. If you have any questions concerning this Agreement or TRIPCAR generally, please contact us at Support.TRIPCAR.com

General Terms

Eligibility.

Our platform is intended solely for persons who are 21 or older. Any use of our platform by any person under 21 is expressly prohibited.

Registration.

 In order to access certain features of the platform you must sign up for an account with us (hereinafter a “TRIPCAR account”) by either providing us with your email address and creating a password or through a third-party social networking account, including Facebook and Google.

Verification. 

When you sign up to either list or rent a vehicle, you will provide us with certain information about yourself so that we can verify your identity in order to become a Registered Member of TRIPCAR. You promise to provide complete and accurate information to TRIPCAR about yourself and your vehicle(s), if any. Although TRIPCAR may undertake checks, screenings, and processes designed to verify or check the identities and or backgrounds of users and vehicles, we do not endorse any vehicle, user, his, her, or in the case of a legal entity, its background. TRIPCAR may use third party platform to verify the information you provide to us to obtain additional related information where applicable and you hereby authorize TRIPCAR to request, receive, use, store, and retain such information. TRIPCAR may accept or reject your application to become a Registered Member in its sole discretion.

Consumer Report Authorization. 

When you apply to become a Registered Member, you are providing TRIPCAR with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check. You are also authorizing TRIPCAR to obtain you personal and/or business credit report or conduct a background check at any time TRIPCAR believes there may an increased level of risk associated with your TRIPCAR Account.

Ongoing Information Updates. 

You promise to update the information you have provided to TRIPCAR in the event of any changes to your driving record, contact information, or background. Specifically, with respect to your contact information, TRIPCAR may deliver notices to you at the most recent telephone, email, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the telephone number, email account, or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TRIPCAR Account, whether or not you have authorized such activities or actions. You will immediately notify TRIPCAR of any actual or suspected unauthorized use of your TRIPCAR Account. We are not responsible for your failure to comply with this clause, or for any delay in closing your account after you have reported unauthorized access to us.

Your Commitments. 

You agree that you will always use your account and the platform in compliance with the Terms of Service, applicable law, and any other policies and standards provided to you by TRIPCAR. As an Host, you agree that you will always provide a safe, legally registered and insured vehicle, in good mechanical condition, on time, to the Registered Member. As a Registered Member, you represent and commit that you are a licensed driver and that you will treat the vehicle with care and will return the vehicle to the Host in the same condition that you received it, normal wear and tear excepted. In connection with your use of, or your access to the platform, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law including:

  • Submit any false information including name, date of birth, driver’s license, credit card, insurance, or other personal information.
  • Submit a claim, or respond to a claim, with false or misleading information.
  • As an Host, offer any vehicle that you do not own or have authority to rent.
  • As an Host, offer any vehicle that may not be rented pursuant to the terms and conditions of an agreement with a third party, including but not limited to, a lease or finance agreement.
  • As an Host, offer any vehicle that is not safe, legally registered and insured, to be driven on public roads.
  • Rent or drive any vehicle without a valid driver’s license.
  • Submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor.
  • Register for an TRIPCAR Account on behalf of an individual other than yourself.
  • Impersonate any person or entity, or falsify, or otherwise misrepresent, your affiliation with any person or entity.

Fail to honor your commitment, including:

  • Fail to pay your fees or other amounts due to TRIPCAR or another user.
  • Fail to honor the time commitments agreed upon in any transaction, unless you have a valid reason as set forth in our Policies.
  • Use the platform to circumvent the obligation to pay any TRIPCAR fees related to the provision of the platform, or for any other reason.
  • Transfer your TRIPCAR Account and/or User ID to any other person without our consent.
  • Allow anyone other than a Registered Member with whom you are traveling to drive the vehicle that you have rented.
  • List or provide to a Registered Member, any vehicle subject to a safety recall without first properly addressing the issue subject to the recall.

Harm or threaten to harm users of our platform, including:

  • Stalk or harass any other TRIPCAR user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an TRIPCAR Host or Registered Member in accordance with these terms.
  • Engage in physically or verbally abusive or threatening conduct.
  • Use our platform to transmit, distribute, or disseminate in any fashion, any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account information.

Use TRIPCAR for your own unrelated purposes, including:

  • Contact a Registered Member or Host for any purpose other than conducting a transaction set forth in the Terms.
  • Commercialize any content found on TRIPCAR associated with our platform, including Reviews.
  • Collect information about our users without their or our express consent.
  • Recruit or solicit any user to join a third party platform that competes with TRIPCAR.

Interfere with the operation of the platform, including:

  • Interfere with any other user’s listings.
  • Enter into an TRIPCAR transaction with a member of your family, or household.
  • Distribute any technologies that may disrupt or interfere with the operation or provision of our platform, or harm TRIPCAR or the interests of others.
  • Interfere in any way with the provision of our platform.
  • Retrieve data or content from our platform to create a compilation, collection, or directory.
  • Use or copy the design, name, trademark, or content of the TRIPCAR platform, without our express written consent.
  • Circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account.

Violations.

TRIPCAR in its sole discretion, may investigate, pursue, prosecute, or litigate violations of this Agreement to the fullest extent permissible by law. TRIPCAR may access, retain, and disclose any of your information if we are permitted or required by law to do so.

TRIPCAR reserves the right to remove or disable access to any content that in its sole discretion, considers to be objectionable, or in violation of this Agreement or harmful to the platform. We reserve the right to refuse or terminate our platform to anyone for any reason.

Policy Enforcement.

TRIPCAR reserves the right to enforce the Policies in a manner that we believe is in the best interests of all involved.

Fees.

The fees we charge for using our platform and other expenses are set forth in our Policy section.

Collection of Fees. 

You must have a valid payment on file and pay all fees associated with our platform by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the accounts, including the engagement of collection agencies and legal counsel. In addition, you may be subject to late fees. TRIPCAR and/or the agents that we retain, may report information about your account to credit bureaus, and as a result, late payments or defaults on your account may be reflected in your credit report. In addition, to the amount due, delinquent accounts and chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees and convenience fees and third party fees and charges. You hereby expressly agree that all communication in relation to delinquent accounts may be made electronically or by phone, as provided to TRIPCAR by you. Such communication may be made by TRIPCAR or by anyone on its behalf, including but not limited to, a third party collection agent. If you wish to dispute the information that TRIPCAR provided to a credit bureau, please contact us at TRIPCAR, c/o XXXXXXXXX. If you wish to dispute the information that a collection agency reported to a credit bureau regarding your TRIPCAR Account, you must contact the collection agency directly.

Communications With You. 

You agree that TRIPCAR or our service providers, may contact you using autodial, or pre-recorded message calls and text messages in conjunction with our communication with you. In those cases where TRIPCAR is required to obtain your consent for such communications, you may choose to revoke your consent.

You agree that TRIPCAR may, without further notice, monitor or record telephone conversations between you or anyone acting on your behalf has with us or our agents, for quality control purposes. If you do not wish to have your call recorded, please contact us instead, in writing, through support.TRIPCAR.com

Insurance.

In the unlikely event of a conflict between or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the TRIPCAR platform, you agree that the insurance policy language controls. 

Legal Disputes For Hosts And Registered Members

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS TRIPCAR AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, you and TRIPCAR agree that any claim or dispute at law or equity that arisen relating in any way or arising out of the Terms of Service, your use of or access to the platform or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law.

You agree that, except to the extent inconsistent with, or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between us, except as otherwise stated in the Terms of Service.

Agreement To Arbitrate.

You and TRIPCAR agree that any and all claims or disputes that have arisen or may arise between you and TRIPCAR relating in any way to or arising from the Terms of Service, your use of, or access to the platform, or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Los Angeles, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. or by calling the AAA at 1(800) 778-7879.

A party who intends to seek arbitration must first send the other, by certified mail or email, a completed form Notice of Dispute (“Notice”). The Notice to TRIPCAR should be sent via email to [email protected] or by mail to TRIPCAR at XXXXX. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and the relief you would like from TRIPCAR.

If you and TRIPCAR are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or TRIPCAR may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or TRIPCAR shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $35,000 or less, you or TRIPCAR may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TRIPCAR, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you and/or TRIPCAR may attend by telephone, unless the arbitrator requires otherwise.

For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor claims of privilege recognized by law. The arbitrator’s award must be consistent with the terms of the “Limitation of Liability” section as the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same TRIPCAR user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration.

Unless otherwise stated in this Agreement to Arbitrate, the payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the value of the relief sought is $5,000 or less, at your request, TRIPCAR will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration, following the earlier of the arbitrator’s decision, or settlement. In the event that the arbitrator determines that the claim(s) you assert in the arbitration to be frivolous, TRIPCAR is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Severability.

If an arbitrator decides that any part of the Agreement to Arbitrate is unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

Opt Out Procedure.

You may choose to reject the Agreement to Arbitrate provision by emailing us an “Opt Out” Notice to [email protected], or via US Mail to TRIPCAR at,  but not later than 30 days after the date that you first accept the Terms of Service for the first time.

Future Amendments to the Agreement to Arbitrate. 

Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against TRIPCAR prior to the effective date of the amendment. The amendment shall pally to all other claims that have arisen or may arise between you and TRIPCAR. If you do not agree to these amended terms, you may close your account within 30 days of notification or posting of the amendment and you will not be bound by the amended terms. Your first Opt Out Notice will be valid with regard to all subsequent updates to the Terms of Service.

Judicial Forum for Legal Disputes.

Unless you and we agree otherwise, in the event the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, or  as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible claim in small claims court, you agree that any claim or dispute that has arisen or may arise between you and TRIPCAR must be resolved exclusively in a state, federal, or small claims court located in Los Angeles, California. You and TRIPCAR agree to submit to the personal jurisdiction of the courts located within Los Angeles, California fro purposes of litigating all such claims or disputes.