OSKCAR TERMS OF SERVICE
By accessing or participating in Oskcar’s Services, you agree to comply with and be legally bound by the terms and conditions as set forth in Oskcar’s legal terms of service (the “Agreement”) and to the collection and use of your information as set forth in Oskcar’s Privacy Policy. Oskcar Services include our web site, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications offered by Oskcar (collectively the "Services"). By accessing or using the Services, including by communicating with us or other Oskcar users, you agree to comply with, and be legally bound by, the provisions of the Services, whether or not you become a registered user of the Services.
MODIFCATION
Oskcar reserves the right, at our sole discretion, to modify our Services. By continuing to access or use our Services 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 the modified terms are not acceptable, refrain from using and accessing the Services.
ELIGIBILITY
The Services are intended solely for licensed drivers twenty-five (25) years of age or older, and any registration, use, or access to the Service by anyone under 25 is strictly prohibited and in violation of this Agreement. These Services are not intended for users who have been previously removed by Oskcar unless you received a written notice of reinstatement. All users must provide all necessary and complete documentation for determining eligibility throughout your use of the Service.
REGISTRATION
In order to access the features of the Services you are required to create an account with Oskcar as either a Car Owner or a Car User. As used in this Agreement a “Car Owner” submits a vehicle that meets all eligibility requirements and provides availabilities for renting the vehicle to Car Users. “Car Users” establish an account to gain access to rent the available vehicles through the Services. When you register for an Oskcar account, you will provide certain information about yourself to enable us to verify your identity. Where permitted, Oskcar has the right to undertake established processes designed to help verify or check the identities and/or backgrounds of Car Users and Car Owners. Oskcar uses third party services to verify the information you provide. You authorize Oskcar to request, receive, use, and securely store such information. Oskcar may accept or reject Car Owner or Car User registrations, in its sole discretion.
UPDATES
When applying for and creating your Car Owner and/or Car User account, you promise to provide accurate and complete information and keep such information updated and accurate. You are solely responsible for the activity that occurs on your account, so please keep your account password secure. Notify Oskcar immediately of any actual or suspected breach of security or unauthorized use of your account. Oskcar is not liable for any losses caused by any unauthorized access to your account.
Oskcar may deliver notices and you consent to receive notices at the email, telephone, or billing address provided by you, and those notices will be considered valid unless you provide updated contact information to us.
YOUR COMMITMENTS
You agree to abide by the Services outlined in this Agreement and in compliance with applicable law, and any other policies and standards provided to you by Oskcar. As a Car Owner, you promise to provide a safe and legally registered and insured vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, within the specified time and specified location. As the Car User you promise that you are a legally licensed driver who will be a respectful and responsible user and return the vehicle on time to the specified location and in essentially the same condition that you received it. You will not allow any other person to drive the vehicle unless they have been properly vetted and listed at the time of reservation.
VIOLATIONS
Oskcar has the right to investigate and seek to prosecute, litigate, or refer to law enforcement, violations of this Agreement to the fullest extent permissible by the law. If we believe you are violating any part of this Agreement, Oskcar has the right to take technical and/or legal steps to prevent you from using our Services. If you have a dispute with one or more Car Owners or Car Users, you agree to release Oskcar (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.
RESTRICTIONS
You may not: modify, infringe, reproduce, distribute, reverse engineer, or prepare derivative works from any content that belongs to or is licensed to Oskcar and/or belongs to another Oskcar user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Oskcar.
FEES/BILLING/PAYMENTS
Fee Schedule and Billing Policies
As a Car Owner or Car User you agree to the fees, charges and terms of sale applicable to your use of the Services. Oskcar may elect to add or amend services for additional fees and charges at any time in its sole discretion. All fees and charges for your use of the Services are non-refundable, except as may be expressly stated by Oskcar.
Payments
If you are listing your vehicle as a Car Owner, the rates are established by Oskcar’s pricing model. Oskcar will process the Car User’s credit card and remit 70% of the base transaction to you within an average of 7 days of the end of the transaction period but no later than 30 days after the end of the transaction period. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Car Owner account. Payment shall be calculated solely based on records maintained by Oskcar.
Collections
As a Car User, you must provide a payment method which you authorize Oskcar or third-party partners acting on Oskcar’s behalf, to store your payment credentials to pay balances, including but not limited to, transaction fees, claims costs and related administrative fees. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges.
THIRD PARTY LINKS
Oskcar Services contain links to third-party websites and services that are not owned or controlled by Oskcar. Oskcar provides Services to facilitate the vehicle sharing between the Car Owner and Car User, and except as otherwise noted Oskcar does not provide vehicle rental services or and/or insurance services. You expressly relieve Oskcar from any and all liability arising from your use of any third-party website or services or third party owned content while accessing Oskcar’s Services.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS TO SUE OR MAKE CLAIMS AGAINST OSKCAR AND ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES AND ANY OSKCAR USER 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 ANY ACTIONS OR INACTION OF THE CAR OWNER. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NO WARRANTY
If you elect to use the Services provided by Oskcar, THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, OSKCAR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Oskcar makes no warranty that the Services, including, but not limited to, the listing of any vehicle, will meet your requirements or be available on an uninterrupted or secure basis or that the transaction will be free of error. Oskcar makes no warranty regarding the quality of any listings, vehicles, or users of the Services, or the accuracy of any content, timeliness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Oskcar or its service providers or through the Services or content, will create any warranty not expressly made herein.
TERMINATION
You may discontinue your use of the Services at any time and Oskcar may terminate your access to the Services at any time. However, termination of access to the Services will not release either party from any obligations incurred prior to the termination. You agree to allow Oskcar to retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
ARBITRATION
For any dispute with Oskcar, you agree to first contact us at askoskcar@oskcar.com in an effort to resolve the dispute with us informally. If you are unable to resolve the dispute within 30 days of the notification email, either of the parties may initiate and attempt to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement by binding arbitration. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Findings and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the parties.