IMPORTANT – PLEASE READ CAREFULLY.
1. User Accounts
In order to use the Services, you must apply for a KINTO Share user account (“KINTO Share Account”) by providing us with your name, address, a valid mobile phone number, a valid email address, date of birth, a copy of your valid Ontario G Class driver’s licence and a valid credit card issued in Canada from an accepted payment partner (as an approved payment method). We will use this information, among other things, to determine your eligibility for a KINTO Share Account, to manage your membership and your account, to provide you with the Services and to bill you for your use of the Services and related charges described in “Fees and Charges” below.
You are responsible for your Kinto Share Account.
You may only possess one KINTO Share Account which you must update and keep accurate. If you do not update the information on your KINTO Share Account (including payment card information), we may not allow you to access and use the Services;
You must immediately notify us if your driver’s licence is suspended or withdrawn for any reason or if your driver’s licence is expired. If your driver’s licence is suspended, withdrawn, or expired, for any reason, or you use the Vehicle without your driver's licence, your right to use the Vehicle expires immediately;
You are required to maintain the security and secrecy of your KINTO Share Account username and password;
You must not allow others to use your username and password to access the KINTO Share app or website through your account; and
You are responsible for all activity on your KINTO Share Account, with or without your permission or knowledge, which occurs before you give us notice of any unauthorized use.
2. Eligibility Requirements
You must meet and maintain at all times the following eligibility criteria to become and remain a KINTO Share Canada member and to use the Services:
at least 21 years old;
hold a valid G Class driver’s licence for the Province of Ontario with one year’s driving experience;
have no driving restriction such as the requirement for an interlock device to be installed in any vehicle you drive;
We reserve the right to revoke your eligibility for the Services at any time for any reason.
You may cancel your KINTO Share membership at any time by notice to us in writing via the KINTO Share mobile app. Fees and other Charges are not refundable except where required by law.
4. Prohibited Uses
The Services may not be used by anyone who is not a valid Member in good standing with us and may not be used:
for commercial use, including carrying passengers or delivering food for pay;
without a reservation;
while operating a hand-held electronic device;
if the Vehicle has been obtained from us by fraud or misrepresentation;
if the Driver is under the influence of any intoxicating substance (whether or not below the legal limit);
if the Vehicle has been loaded beyond its rated capacity or with more passengers than the Vehicle has seat belts;
if every passenger’s seat belt has not been properly fastened;
for any illegal purpose or in any illegal manner;
for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
for the purpose of transporting flammable, poisonous or other hazardous or dangerous goods;
in any race, test, or competition;
in a careless, reckless or negligent manner;
other than on paved roads; and
farther than the lesser of i) 150 kilometers from booking origin; or ii) outside the Province of Ontario; or
by a valet service.
USING KINTO SHARE
5. Authorized Drivers
Only you may drive the Vehicles during your reservation. If you permit another driver to use the Vehicle, we will suspend your KINTO Share Account and you will be financially responsible for the breach of any municipal by-laws or other regulatory requirements and you will be charged an Unauthorized Driver fee (see “Fees and Charges”). In addition, you will be financially responsible for the negligence of the driver, including the cost of recovering or replacing the Vehicle, repairing any damage to the Vehicle and/or any property belonging to third parties and for the damages associated with any personal injury to the occupants of the Vehicle and any other third parties.
You may reserve a Vehicle on an as-available, first-come basis using the KINTO Share mobile app. We reserve the right to substitute a suitable Vehicle at no additional cost to you. The length of each reservation must be a minimum of two (2) hours and may be made up to thirty (30) days in advance.
7. Pricing Structure
The price of the Services is set out in “Fees and Charges” and includes the cost of fuel and maintenance. We reserve the right to amend our pricing structure at any time without notice to you.
8. Payment & Billing
When your dealership makes a KINTO Share reservation for you and you have registered for a Kinto Share user account, we will place a hold on the credit card you authorized us to use for the pre-authorized amount - the portion of the price for your use of the Services that is payable by you (see “Fees and Charges”). If your payment method rejects this pre-authorization amount, your reservation will be cancelled.
If you make a reservation which is not activated or cancelled more than 24 hours before the scheduled start time of the reservation, we will charge your credit card for the estimated price of your use of the Services for the full reservation (see “Fees and Charges”).
We start billing for your portion of the reservation cost at the earlier of the scheduled or actual start time. We will charge your credit card for your portion of the Services used by you. However, if you return the Vehicle prior to the end of your reservation, we will charge your credit card for your portion of an amount equal to the greater of i) the cost of your reservation; and ii) a 2 hour charge. If you return the Vehicle after the end of your reservation, we will also charge your credit card for your portion of the cost in one (1) minute increments for any additional use, and if the additional use amounts to 15 minutes or more, we will add the full amount of the late return fee (see “Fees and Charges”) to the charges to your credit card. All of the foregoing is calculated using the rental fee indicated under the heading “Fees and Charges”. We will also charge your credit card for any other applicable fees and charges, such as late payment fees and excess kilometer charges (see “Fees and Charges”).
For example, if your reservation is for four (4) hours and you return the Vehicle to us after using the Services for three (3) hours and 10 minutes, we will charge your credit card for your portion of four (4) hours use of the Services. However, if your reservation is for three (3) hours and you return the Vehicle to us after using the Services for three (3) hours and 10 minutes, we will charge your credit card for your portion of three (3) hours and 10 minutes of use. If your reservation is for three (3) hours and you return the Vehicle to us after using the Services for three (3) hours and 15 minutes, we will charge your credit card for your portion of three (3) hours and 15 minutes of use and the full amount of a late payment fee (see “Fees and Charges”).
We will post a summary of charges and confirmation of payment on your KINTO Share account.
You are responsible for ensuring that you are able to pay the actual amount due upon completion of your reservation.
9. Checking Your Vehicle Before Departure
Before operating a Vehicle, you must inspect the interior and exterior of the Vehicle for any mechanical or physical defects, damage, soiling, and any missing, documentation (such as the insurance and ownership registration slips) or equipment (such as the phone holder and fuel card). If you discover any Vehicle damage, you must report any damage to us by using the Pre-Trip Inspection Survey on our mobile app, texting us at 226-779-7555 or emailing us at firstname.lastname@example.org and including the licence plate number of the assigned Vehicle. This ensures that you will not be held responsible for any damage that may have happened before your reservation. If you forget to notify us and the next driver reports the damage, we may hold you financially responsible for the damage. You may not drive the Vehicle if the insurance or registration are missing.
10. Vehicle Care
We expect you to drive the vehicles safely and with the utmost care. We reserve the right to suspend your KINTO Share Account if we determine, in our sole discretion, that you are not taking the utmost care, or you are driving unsafely.
Smoking is prohibited in all vehicles. You are required to ensure that no one smokes in the Vehicle while it is in your possession otherwise you will be charged a professional detailing fee (see “Fees and Charges”) and we may terminate your KINTO Share Account.
Due to allergies and sanitary concerns, pets, with the exception of service animals, are only allowed in the Vehicle if they are locked in a pet carrier.
Members are expected to return a Vehicle in the same condition as they found it.
Members are not responsible for fueling the Vehicle while in use. If you need fuel, we provide fuel cards for your use. If you cannot use a fuel card, you may fuel the Vehicle using your own funds and present the receipt for a full credit to the credit card on your KINTO Share Account by either texting 226-779-7555 or emailing email@example.com and including the licence plate number of the assigned Vehicle. We will not provide cash reimbursements. Any fraudulent credit request will be grounds for dismissal from our Services and be grounds for us to take legal action against the fraudulent party.
Drivers are not responsible for normal wear and tear on the Vehicle.
11. Returning the Vehicle
You must return your Vehicle to its assigned location by the end of your reservation. You are not allowed to return the Vehicle to a location other than its assigned location without our permission. If the Vehicle is not returned by the end of your reservation and we have not received communication from you sufficiently explaining the situation, we will consider the Vehicle stolen and you may be charged for the total cost of recovering the Vehicle (see
Fees and Charges”), including but not limited to labour and towing costs. When you return the Vehicle, you must ensure the following, even if another driver is waiting for the Vehicle:
the interior of the Vehicle, including the rear where your passengers have been, is clean (absent of remnants of mud and snow, etc.) and you have taken all of your garbage and personal belongings or you will be charged a clearing out fee (see “Fees and Charges”);
you have notified us of any new damage to the Vehicle;
the Vehicle is locked, the windows are closed, the Vehicle’s ownership and insurance documentation, phone holder and fuel card are in the glove box and the Vehicle is entirely contained within its reserved parking spot. If the Vehicle is not properly secured, or the fuel card, phone holder, ownership or insurance documentation is not returned with the Vehicle, you may be charged a fee (see “Fees and Charges”) and you will be responsible to pay for any damage to our Vehicles or equipment as a result of another person entering the Vehicle while it is unlocked or otherwise unsecure (see “Fees and Charges”);
you have submitted a Post-Trip Inspection Survey and photos documenting the condition of the entire exterior of the Vehicle. If you fail to complete a Post-Trip Inspection Survey and submit at least four (4) photos documenting the condition of the entire exterior of the Vehicle during the checkout process, you will be prevented from ending the reservation and you may be charged a fee (see “Fees and Charges”) ; and
the Vehicle’s reservation is terminated via your mobile application.
If you cannot return the Vehicle on time, you should attempt to extend your reservation and contact us to let us know that the Vehicle will be a late return. You will be charged for any additional use in one (1) minute increments, calculated using the rental fee indicated under the heading “Fees and Charges” and you will be charged a late return fee if you return the Vehicle 15 minutes or more after the scheduled end of your reservation (see “Fees and Charges”).
We are not responsible for any lost, damaged or stolen personal belongings left in or on a Vehicle at any time.
12. Cleaning Policy
If your Vehicle needs to be cleaned when you return it, please contact us immediately at 226-779-7555 and we can help you. The amount you will be charged for cleaning will depend on the type of cleaning that is required (e.g. Professional Detailing or Clearing Out belongings) (see “Fees and Charges”).
We offer 24-hour emergency assistance by texting 226-779-7555 for the following situations requiring immediate attention:
your Vehicle is not in its assigned location;
your Vehicle doors will not unlock or lock;
your Vehicle won’t start;
you are unable to park the Vehicle in the correct location;
you are running late and unable to extend your reservation because another driver has reserved the Vehicle after you;
the Vehicle is displaying a warning light or has a mechanical issue; and
you need roadside assistance, such as a flat tire repair or dead battery charge.
For all other issues, please text our driver services line at 226-779-7555 during normal business hours.
14. Breakdowns, Accidents, and Damage
You must immediately report any accidents involving the Vehicle, including all accidents involving a pedestrian, and if appropriate, any breakdown or damage to the Vehicle that occurs during your access to the Vehicle, to the police.
In the case of an accident, you are also required to obtain and provide us with the following:
a copy of the driver’s licence, vehicle ownership registration and proof of insurance of the other driver(s) involved in the accident,
pictures of the licence plates of, and any damage to, any vehicles involved in the accident, including your Vehicle;
the names of any available witnesses; and
evidence from any available witnesses,
and you are required to provide us with the following:
your proof of insurance, if you have a personal auto insurance policy (certain losses may be required to be covered by your personal auto policy under Ontario law); and
a written description of the accident;
You may not continue your reservation after an accident unless we give you explicit permission to do so. You agree to provide us and any claims adjustment service with any report or notice you receive relating to a claim or a lawsuit involving the Vehicle. You agree to cooperate fully with us in the investigation and defense of any such claim or lawsuit. If you were driving while intoxicated at the time of the accident, you may be liable for the entire cost of the Vehicle repair or replacement and any claims for personal injury or property damage made by the occupants of your Vehicle or any third parties. You are also responsible for any damage to any of the Vehicle’s in-vehicle systems or hardware resulting from use or tampering.
15. Insurance and Deductibles
We only grant permission to you to operate a Vehicle. Accordingly, the Third Party Liability and Collision and Comprehensive Insurance for the Vehicle (see below) will not apply to protect an unauthorized driver, or to protect you in connection with a loss caused by an unauthorized driver.
We have placed Third Party Liability Insurance, Collision and Comprehensive Insurance coverage on the Vehicle. An individualized insurance card for each Vehicle is provided in the Vehicle. However, if you are insured under an automobile insurance policy and you are involved in a collision or other incident involving the Vehicle, under Ontario law, your automobile policy may provide the primary insurance coverage. If you are involved in a collision or other incident involving the Vehicle, or the Vehicle is damaged beyond repair or stolen and our insurance provides coverage for damage to, or the loss of, the Vehicle, you will be required to pay up to a $2,500 damage fee and we will temporarily suspend your KINTO Share Account.
You are not permitted to drive the Vehicle if you are driving under the influence of alcohol or drugs or if your driver’s licence is suspended. If you are involved in an incident while you are driving under the influence of alcohol or drugs or while your driver’s licence is suspended, we will suspend your KINTO Share Account and you will be financially responsible for the cost of recovering or replacing the Vehicle, the cost of the repair of any damage to the Vehicle and any damage to any property belonging to third parties and for the damages associated with any personal injury to the occupants of the Vehicle and any other third parties.
Lastly, you may be required to pay a damage fee of up to $2,500 for damage including but not limited to, dents, scratches, collisions, flat tires, windshield cracks, dead batteries, engine problems and vandalism to the Vehicle(s). The damage fee may also be charged to you for stolen, lost or damaged fuel cards, fraudulent fuel purchases and/or any other damage to the Vehicle(s), the Accessories or Applications or any other property belonging to TCCI, its affiliates, partners, agents and vendors.
16. Expense Fraud- Fuel Cards
We receive itemized reports of the charges made to each fuel card and we monitor the reports for any unusual or unexpected charges. If you use the fuel cards for any purpose other than to fuel the Vehicle during your reservation, we will dismiss you from our Services and take legal action to recover our loss.
17. Traffic and Parking Tickets
If you receive a traffic or parking ticket while using the Vehicle, it is your responsibility to notify us and pay the charges promptly. Upon our request, you agree to provide us with proof of payment of any fines and/or charges related to the Vehicle and imposed by any governmental authority during your reservation. If you do not pay the charges, even if you intend to contest the charges, we will charge you immediately for the amount of the charges, including an administration handling fee (see “Fees and Charges”), and we will refund the charge to you by crediting the credit card on your KINTO Share account, including the administration handling fee, upon proof of successful contest. You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges.
18. Toll Highway
We do not pay for the cost associated with using toll highways, such as Hwy 407. If you use a toll highway and do not use your transponder, we will charge you for the costs associated with the use of the toll highway, including all tolls, fees and other charges.
19. Towing and Impoundment
If the Vehicle is towed and/or impounded during your reservation, you will be charged for our costs associated with obtaining the Vehicle from impound, an impound processing fee and any applicable late fees (see “Fees and Charges”) and any applicable loss-of-use costs.
20. Maintenance and Repairs
You are required to notify us immediately if a warning light appears on the dashboard of the Vehicle or you hear noise from the Vehicle. If you do not notify us immediately, you may be charged for any losses we incur as a result of your negligence.
21. Fees and Charges
We reserve the right to amend our pricing structure at any time upon notice to you. If you continue to use the Services, you are deemed to have accepted our revised pricing structure.
You will also be required to pay certain fees and charges related to your use of a Vehicle, including, but not limited to the following:
22. Automatic Suspension
Your permission to drive on the KINTO service is automatically suspended if you are charged with driving recklessly or without due care or with any related vehicular offence, including:
Operating a motor vehicle while impaired
Operating a motor vehicle dangerously
Failure to stop at the scene of an accident
23. Termination by You
You may terminate this Agreement at any time, for any reason or for no reason, by notifying us via email at firstname.lastname@example.org that you are terminating your KINTO Share Account.
24. Indemnification and Hold Harmless
25. Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, YOUR USE OF ANY VEHICLE AND/OR YOUR RELIANCE ON THE SERVICES AND/OR THE VEHICLE REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE.
To the maximum extent permitted under applicable law, TCCI’s aggregate liability to you shall be limited to direct damages incurred by you up to the amount you spent on the Services which are the subject of the claim in the prior six (6) month period.
26. Personal Property
We are not responsible for any loss or damage to any personal property in or around any Vehicle or any premises from which you can access or utilize the Vehicles and/or the Services.
27. Disclaimer of Warranties
Except as prohibited under applicable law, the Services and the Vehicle are provided to you on an “as is” and “as available” basis WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. TCCI HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS PROHIBITED UNDER APPLICABLE LAW, TCCI DOES NOT WARRANT THAT THE SERVICES OR ANY VEHICLE (OR ANY PART THEREOF) WILL BE FREE FROM ANY DEFECT OR OPERATE IN ANY SPECIFIC WAY OR THAT MAINTENANCE ISSUES CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, TCCI EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE VEHICLE CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.
28. Choice of Law
30. Costs of Collection
If you do pay any amounts owed hereunder when due, you agree to pay for our costs incurred in seeking to collect such amounts from you, including, without limitation, court costs and our reasonable legal fees.
31. No Waiver