Embed Size (px)
Citation preview
1
TERMS & CONDITIONS ....................................................................................................................... 4
CARMA TECHNOLOGY CORPORATION ........................................................................................ 4
DEFINITIONS ........................................................................................................................................ 5
BASIC TERMS OF USE OF THE CARMA SERVICE ............................................................................ 7
ELIGIBILITY .......................................................................................................................................... 7
Eligibility for using vehicles provided by Carma or its partners ....................................................... 7
Member Eligibility Requirements .................................................................................................. 7
Continued Monitoring ................................................................................................................... 8
Eligibility for taking part in the Carma CarpoolING Service .............................................................. 9
Personal Responsibility ................................................................................................................ 9
CARMA MEMBERSHIP ACCOUNTS ................................................................................................. 12
POLICIES & PROCEDURES; USAGE CONFIRMATION; FEEDBACK ................................................ 13
Security Deposit & Membership Fees ............................................................................................... 13
SERVICE RULES ................................................................................................................................ 14
USER CONTENT ................................................................................................................................ 16
Other Users .................................................................................................................................... 17
LICENSE GRANT ............................................................................................................................... 19
Carma Service ................................................................................................................................ 19
Carma Software .............................................................................................................................. 19
Software Upgrades ..................................................................................................................... 20
Government End Users .............................................................................................................. 20
PRIVACY POLICY .............................................................................................................................. 22
Use of Data ..................................................................................................................................... 23
Analytics Services ....................................................................................................................... 24
2
Storage of personal information ................................................................................................. 24
Disclosure of personal information ............................................................................................. 24
Security of your personal information ......................................................................................... 25
Service Quality Monitoring .......................................................................................................... 26
Your right of access to personal information .............................................................................. 26
Privacy statements on third party websites ................................................................................ 26
Data Gathered from In-Vehicle Hardware .................................................................................. 26
Location Tracking ....................................................................................................................... 26
Online Privacy Policy Only .............................................................................................................. 27
Privacy of Minors and Children ................................................................................................... 27
Your California Privacy Rights ........................................................................................................ 27
OUR PROPRIETARY RIGHTS ............................................................................................................ 28
PRIVACY ............................................................................................................................................ 28
SECURITY ...................................................................................................................................... 29
THIRD PARTY WEBSITES .............................................................................................................. 29
INDEMNITY .................................................................................................................................... 29
FEES AND RESPONSIBILITIES OF THE MEMBER ....................................................................... 30
CARMA INSURANCE SUMMARY ...................................................................................................... 32
Commercial Auto Insurance Policy (Primary) ................................................................................. 32
TERM AND TERMINATION ................................................................................................................ 32
LIMITATIONS OF LIABILITY ............................................................................................................... 34
Duties and Responsibilities ................................................................................................................ 35
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER PRE-DISPUTE
RESOLUTION PROCEDURE. ............................................................................................................. 35
SCHEDULE ........................................................................................................................................ 38
3
Rules of vehicle use ........................................................................................................................ 38
Persons Permitted to Use Vehicles ............................................................................................ 38
Prohibited Uses .......................................................................................................................... 38
Members Policies and Procedures ............................................................................................. 39
Penalties ..................................................................................................................................... 40
Per-Seat Reservations and Fixed-Corridor Vehicles .................................................................. 40
Key Fob Usage; Securing Vehicles; Lost Property ..................................................................... 40
Refueling, Maintenance/Cleanliness and Eligible Expenses ...................................................... 41
Breakdown .................................................................................................................................. 41
Incidents & Property Damage ..................................................................................................... 42
Traffic Violations ......................................................................................................................... 43
Smoking & Pets .......................................................................................................................... 43
MISCELLANEOUS PROVISIONS ....................................................................................................... 44
4
TERMS & CONDITIONS
CARMA TECHNOLOGY CORPORATION
Agreement Last Revised: August 2016
This Terms and Conditions Agreement (“Agreement”), as defined below, is a legally binding
agreement made between you (“you,” “your”) and Carma Technology Ltd. located at Penrose
Wharf, Alfred Street, Cork as well as any of its worldwide subsidiaries (“Carma Technology
Corporation” and or City CarShare (“City CarShare” and collectively with Carma Technology
Corporation referred to as “Carma”, “we,” “us” or “our”), and You (the "Member"). All Members are
required to accept and comply with these terms and conditions set forth herein. By accepting the
terms and conditions of this Agreement and using Carma Services (as defined below) you accept
and agree to comply with the terms and conditions of this Agreement, as it may be amended from
time to time as provided herein.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN
YOU ARE NOT AUTHORIZED TO USE ANY CARMA VEHICLES OR SERVICES.
If you have any questions regarding this Agreement, please contact us via email
at [email protected] or by telephone Carma on +1 (415) 995-8588.
Carma reserves the right to change the terms of this Agreement, including the associated
Schedules, from time to time, or at any time, with or without notice. Unless we designate a different
date for effectiveness, such changes will be effective immediately. You agree that continued use of
Carma Services (as defined below) constitutes acceptance of any amended terms and conditions in
the Agreement.
Usage rates, fees and taxes are subject to change.
Certain provisions of this Agreement and the Rules related to your use of our Services (as defined
below) may vary based upon the jurisdiction in which you reserve or use a Carma vehicle. For
example, the third party liability protection Carma provides may vary based upon the location (or, if
applicable, by province or state) in which you are utilizing the Carma vehicle and certain different or
additional fees and policies may apply.
5
DEFINITIONS
In this Agreement, the following definitions apply:
"Agreement" means this Membership Agreement and its Schedules, (collectively with any
amendments hereto), whether made available in print or electronically through Carma's website.
The Schedules are an integral part of this Agreement.
"Driver Member" means any approved Member who is authorized to use Carma Services under the
terms of this Agreement. Driver members fulfilling a driver and/or passenger role are required to
complete a full DMV check and must comply with all driver requirements as laid out in the terms of
this Agreement. All members may be subject to criminal background checks.
"Rider Member" means any approved Member who is authorized to use Carma Services under the
terms of this Agreement. These members fulfill a passenger only role and are not required to
complete a DMV record check as these members are not authorized to drive a Carma Vehicle but
may be subject to additional criminal background checks. RIDER MEMBERS ARE NOT
AUTHORIZED TO DRIVE CARMA VEHICLES AND AS SUCH ARE NOT COVERED BY CARMA
INSURANCE POLICIES.
"Member" or "You" means either a Rider Member or Driver Member.
“Household Member” is a Driver or Rider Member part of an account with the Member. The
Household Member bears all the same responsibilities and obligations as the primary account
Member.
“Employee Member” is a Driver or Rider Member part of a business account with the Member. The
Employee Member bears all the same responsibilities and obligations as the primary account
Member.
"Service(s)" means, the use of any Carma service, product or vehicle.
"Usage" or "Trip" means the usage, trips, journeys and rental periods using a Carma vehicle and/or
Carma Software.
"User" means any current or former Member.
"Rules" means all the rules, guidelines or policies of Carma related to a Member's use of the Carma
Service, whether set forth in this Agreement, appearing elsewhere on Carma's websites or
6
otherwise issued at any time by Carma, including specifically and without limitation those set forth
in the Schedule: Rules of Vehicle Use.
"Schedules" means all the schedules and policies referenced in or incorporated into this
Agreement.
7
BASIC TERMS OF USE OF THE CARMA
SERVICE
This Agreement is a commute sharing or carsharing service agreement offered by Carma but it
does not in itself confer any right to use Carma vehicles. A Member may only use Carma's vehicles,
to the extent available, in accordance with the terms of this Agreement and subject to paying all
applicable fees and charges and a DMV driver license record review.
Carma is the owner of any item it provides to the Member or places at the Member's disposal
during the term of this Agreement, including specifically and without limitation, all Carma vehicles,
internal vehicle hardware and equipment, mobile and web-based applications and the Member's
access card or key fob. The Member's use of, and rights in relation to, any Carma vehicle or item
provided by Carma under this Agreement is limited to those rights of use stated in this Agreement.
ELIGIBILITY
ELIGIBILITY FOR USING VEHICLES PROVIDED BY CARMA OR ITS
PARTNERS
This Service is intended solely for licensed drivers twenty-one (21) years of age or older. Any
registration, use or access to the Service by anyone under 21 is strictly prohibited and in violation
of this Agreement. The Service is not available to any Users previously removed from the Service by
Carma, unless Carma has given you written notice of reinstatement. All Users must pass our
Member Eligibility Requirements (as defined below) to be considered for membership and must
provide any and all supporting documentation, as determined by Carma in its sole discretion,
needed to verify your eligibility throughout your use of the Service. You acknowledge and agree
that Carma may change its Members Eligibility Requirements at any time and for any reason.
Member Eligibility Requirements
To be eligible for our service, the Member must meet the following requirements:
8
• Be at least 21 years old.
• Must hold a current, valid U.S. Driver License
• Have had no more than two (2) “Incidents” (moving violations, accidents, or other minor
violations) in the past three (3) years and no more than one (1) in the past 18 months.
• Must have at least two (2) years of driving experience in the U.S.
• Have had no major violations within the past five (5) years, including, but not limited to:
o Excessive speed (20 mph or more over speed limit);
o Operating to endanger, reckless driving, etc.;
o Leaving the scene of an accident involving property damage;
o Operating a motor vehicle with a suspended or revoked license
• Have had no alcohol or drug related violations.
• Have had no motor vehicle felonies.
In addition to the requirements above, Carma reserves the right to decline membership, or require a
monetary deposit in an amount of Carma’s sole discretion, based on driving history or credit issues.
Satisfying the foregoing criteria does not automatically give an applicant the right to become a
Member. Acceptance of the applicant's membership is subject to approval by Carma in its sole
discretion. Without limiting the foregoing, membership may be denied based upon other factors
determined by Carma in its sole discretion, whether you believe those factors to be reasonable or
not. In addition, even if approved for membership, a Member may be restricted from driving certain
Carma vehicles for any reason, including but limited to the Member's driving history and experience
or the membership/driving plan selected by the Member.
Continued Monitoring
Carma may periodically monitor any Member's driving record to ensure that such Member
continues to qualify for membership under our Members Eligibility Requirements.
In addition, Member reviews can be triggered by a number of "Source Events." "Source Events"
include, but are not limited to:
• External notification by the State DMV (if supported by the driver license issuer state);
• External notification by any Carma User; or
• Internal notification by the Carma system functionality that we may establish and maintain
from time to time and in our sole discretion.
9
Carma is not required to provide any information related to a Source Event, including the individual,
entity or governing body that provided such notification. All determinations made by Carma related
to a Source Event are FINAL.
By applying for membership, each applicant authorizes Carma to obtain his/her driving records
from the jurisdiction in which the applicant is licensed and to conduct criminal background checks
on such applicant/Member. Members who do not have a driver's license from the jurisdiction in
which they reside must comply with the licensing requirements of such jurisdiction for driving in that
jurisdiction. In addition, Carma may at any time require Members to demonstrate compliance with
the licensing laws of their jurisdiction of residence and/or impose further policies regarding the
obligation to be licensed in their jurisdiction of residence. Because driving a Carma vehicle requires
maintaining a good driving record in accordance with the Member Eligibility Requirements listed
above, Carma may, from time to time, check Members' driving records and reserves the right, at its
sole discretion, to suspend or terminate the Membership of any Member who does not meet
Carma's Eligibility Requirements. If the Member's license is suspended or revoked or becomes
invalid, if the Member has any further endorsements or accidents on their driving record or if the
Member is convicted of or receives a citation for driving under the influence of alcohol or drugs,
dangerous or reckless driving or exceeding the relevant speed limit, the Member agrees to report
such suspension, revocation, changes, conviction or citation to Carma within 10 days. Failure to
notify Carma of any such events may lead to the Member not being covered by Carma's liability
protection when driving a Carma vehicle and/or termination of membership.
ELIGIBILITY FOR TAKING PART IN THE CARMA CARPOOLING
SERVICE
Personal Responsibility
Use of the Carma Service may introduce you to people registered with the Carma Service for the
purposes of shared transport or any other service offered by the Carma. We cannot and do not
assess the suitability of Users. We have little or no control over the truth or accuracy of the data
Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles,
their criminal background etc. We do not verify that a User has met all the eligibility requirements
for the Carma Service or that any other part of a User’s profile information is true and accurate, or
even that a User is who they claim to be. Background or other checks are not normally performed;
10
even where background, Motor Vehicle Record (MVR) or other checks are performed, we cannot
guarantee that the results of those checks are accurate or up to date.
You are solely responsible for selecting the individuals and/or entities with whom you travel. If you
do not feel comfortable sharing a ride for any reason, you should use another means of
transportation. You acknowledge and agree that under no circumstances will Carma have any
responsibility, liability or obligation with respect to any of the trips that you may take as a result of
using the Carma Services.
By registering for the Carma Service, you certify that the following are all true:
For all Carma Carpool users:
you are at least 18 years of age; and
you have not have committed any felony or serious criminal offense (including but not
limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor
within the past three (3) years.
For Carpool Drivers:
you are at least 18 years of age;
you have a current and valid driver’s license;
you carry all insurance required by law in order to operate a motor vehicle in the
state/county/country where your vehicle is registered;
you carry liability insurance that covers bodily injury to all occupants of your vehicle;
you have no record of convictions for serious driving offenses;
you are medically fit to act as a Driver;
you have volunteered to be a driver and have not been designated by a group or company
as a driver and receive no compensation from a group or company for driving; you are an
independent party participating, with others, in a voluntary, not for profit, ridesharing
arrangement.
you follow prescribed manufacturer preventative and maintenance standards for the
vehicle(s) you use.
11
Users are advised to check with their insurance provider to ensure that their coverage extends to
carpooling and ridesharing. If, at any time, you do not meet or continue to meet the eligibility
requirements listed in this section, you must notify us immediately and you will have no right to use
or continue to use the Carma Service. Carma reserves the right, in its sole discretion, to refuse or
deny access to the Carma Service to any individual for any reason or no reason. Particular shared
transport programs may require additional or separate certifications to be made by riders and
drivers and may require Carma to conduct background, Motor Vehicle Registration (or similar) or
credit checks. Access to such programs is conditioned on (i) those certifications being completed
and kept up to date, (ii) riders and drivers permitting Carma to perform all relevant checks, including
on an ongoing basis and (iii) riders and drivers informing Carma of any incidents, accidents or
changes of circumstances that may or do affect the results or status of these certifications.
12
CARMA MEMBERSHIP ACCOUNTS
Members must apply for a Member account. Carma has two account types: (i) "Driver Members";
who have met the requirements and eligibility; and, (ii) "Rider Members"; who may make use of the
Service as a passenger only. Under no circumstances may a Rider Member drive or command a
Carma Car in any way.
Your Member account is for your personal use only. You may not create a Member account on
behalf of a business or entity. You may not use another Member's account, permit anyone else to
use your Member account, or assign or otherwise transfer your Member account to any other
person or entity. If applying for a “Business Plan”, different usage rates and deductibles may apply.
When applying for and creating your account, you must provide accurate and complete
information, and keep such information updated and accurate throughout the term of this
Agreement. You are solely responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify Carma immediately of any breach of security
or unauthorized use of your account. Carma will not be liable for any losses caused by any
unauthorized use of your account.
You may control your Member profile and how you interact with the Service through the Carma
application, or by sending an email to [email protected].
By providing Carma your email address, you consent to our using the email address to send you
Service-related emails, including any notices required by law, in lieu of communication by postal
mail and any other information concerning Carma. By providing Carma your cell phone number, you
consent to our using the phone number to send you Service-related SMS messages related to the
Services or any other information concerning Carma. You may not opt out of Service-related emails
or SMS messages. We may also use your email address and/or cell phone number to send you
other messages, such as changes to features of the Service and special offers. If you do not want
to receive such messages, you may opt out or change your preferences in your "settings" page.
Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
By providing Carma your mailing address, you consent to our using this address to send you items
related to the Carma service, such as, but not limited to a member fob and member packet.
Carma shall be the owner of the Member’s fob, and of any other item it puts at the Member’s
disposal during the term of this Agreement. In case of cancellation, the Member agrees to
13
immediately return immediately to Carma his/her fob, any vehicle, or any other article he/she might
have in his/her possession under this Agreement. Additionally, the Member agrees to pay any
attorney fees, court costs or costs of other legal procedures necessary for Carma to recover any
amounts due and owing and related to the recovery and return of the Member’s fob, Member card,
Carma vehicle or any other object the Member might have in his/her possession under this
Agreement or the Membership Manual.
POLICIES & PROCEDURES; USAGE
CONFIRMATION; FEEDBACK
If you are a Member, you agree to the terms of our Members Policies and Procedures. If you are a
Member, by accessing or using the Service you signify that you have read, understood and agree to
be bound by our terms of use. When you use the Service to transact a trip, you agree to the terms
of this Agreement. Both Driver Members and Rider Members are required to submit feedback to the
Service following the completion of each Trip if so requested by Carma.
SECURITY DEPOSIT & MEMBERSHIP
FEES
The Member may be required to pay Carma a refundable security deposit, due to a dependent on
their plan, or because Carma determines (at their sole discretion) that the Member, or potential
member, may present a higher risk of late payment, non-payment or who has a driving or
membership history that may present a higher risk to the organization.
No interest will be calculated or paid on any security deposit.
Within 60 days following the termination or cancellation of the Agreement, any security deposit shall
be reimbursed to the Member, provided, however, that Carma may use any or all of the security
deposit to pay any amounts owed to Carma by the Member under the Agreement, the Credits and
14
Fees Table or this Agreement. Should the security deposit be insufficient to cover the Member’s
amounts owed to Carma, Carma reserves the right to take any actions necessary to recover the full
amount and charge its Member any and all reasonable fees associated with its collection efforts.
SERVICE RULES
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or
disclosing any part of the Service in any medium, including without limitation by any automated or
non-automated "scraping"; (ii) using any automated system, including without limitation "robots",
"spiders", "offline readers", etc., to access the Service in a manner that sends more request
messages to the Carma servers than a human can reasonably produce in the same period of time
by using a conventional on-line web browser except that Carma grants the operators of public
search engines revocable permission to use spiders to copy materials from gocarma.com for the
sole purpose of, and solely to the extent necessary for, creating publicly available searchable
indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, or
other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running the Service; (v) taking any action that
imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on
our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the
Service; (vii) collecting or harvesting any personally identifiable information, including account
names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your affiliation with a person or entity,
conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working
of the Service; (xi) accessing any content on the Service through any technology or means other
than those provided or authorized by the Service; or (xii) bypassing the measures we may use to
prevent or restrict access to the Service, including without limitation features that prevent or restrict
use or copying of any content or enforce limitations on use of the Service or the content therein.
Carma may permanently or temporarily terminate, suspend, or otherwise refuse to permit your
access to the Service without notice and liability for any reason, including if in Carma's sole
determination you violate any provision of this Agreement, or for no reason. Upon termination for
15
any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service
are subject to change or elimination at Carma's sole discretion. Carma reserves the right to
interrupt the Service with or without prior notice for any reason or no reason. You agree that Carma
will not be liable to you for any interruption of the Service, delay or failure to perform.
16
USER CONTENT
Some areas of the Service may allow Users to post feedback, comments, questions, and other
content or information (any such materials a User submits, posts, displays or otherwise makes
available on the Service is referred to as "User Content"). You retain ownership of your User
Content. You are solely responsible for the User Content that you upload, publish, display, link to or
otherwise make available on the Service, and you agree that we are only acting as a passive
conduit for your online distribution and publication of your User Content. You understand that
Carma does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to
any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person
or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking
for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v)
contains any information or content that we deem to be unlawful, harmful, abusive, racially or
ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights,
harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or
otherwise objectionable; (vi) contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of another party's trade
secrets); (vii) contains any information or content that you do not have a right to make available
under any law or under contractual or fiduciary relationships; or (viii) contains any information or
content that you know is not correct and current. You agree that any User Content that you post
does not and will not violate third-party rights of any kind, including without limitation any
Intellectual Property Rights (as defined below), rights of publicity and privacy. Carma reserves the
right, but is not obligated, to reject and/or remove any User Content that Carma believes, in its sole
discretion, violates these provisions. You understand that publishing your User Content on the
Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of
America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright
rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark
rights, goodwill, trade secret rights and other intellectual property rights as may now exist or
17
hereafter come into existence, and all applications therefore and registrations, renewals and
extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Carma takes no responsibility and assumes no liability for any User Content that you or any other
User or third party posts or sends over the Service. You understand and agree that any loss or
damage of any kind that occurs as a result of the use of any User Content that you send, upload,
download, stream, post, transmit, display, or otherwise make available or access through your use
of the Service, is solely your responsibility. Carma is not responsible for any public display or
misuse of your User Content. You understand and acknowledge that you may be exposed to User
Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you
agree that Carma shall not be liable for any damages you allege to incur as a result of such User
Content.
OTHER USERS
Carma does not endorse any Users, any User Content or Service. You are solely responsible for
your interactions with other Carma Users. We reserve the right, but have no obligation, to monitor
disputes between you and other Users. Carma shall have no liability for your interactions with other
Users, or for any Users' action or inaction, with respect to the Service. While we may help facilitate
successful transactions and the resolution of disputes, we do not guarantee the quality, safety,
truth or accuracy of Service, User Content, or other services or transactions available via the
Service.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions
or omissions of other Users or other third parties will be limited to a particular User or third party
that causes you harm and you agree not to attempt to impose liability on, or seek any legal remedy
from Carma with respect to such actions or omissions. If you have a dispute with one or more
Users, you release us (our affiliate companies, our officers, directors, agents, subsidiaries, and
employees) from claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such disputes or your use
of the Services. If you are a California resident, you waive California Civil Code 1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
18
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO
FACILITATE RENTALS. CARMA CANNOT AND DOES NOT CONTROL THE USER CONTENT
CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE
SERVICE, THE BEHAVIOR OF ANY USER OR THE ACTIONS OF ANY USER. CARMA IS NOT
RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL
SERVICE AND USER CONTENT.
19
LICENSE GRANT
You retain all your ownership rights in your User Content. By posting any User Content on the
Service or Carma websites and applications, you expressly grant, and you represent and warrant
that you have a right to grant, to Carma and our affiliated companies a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, list information regarding, edit, translate, distribute, publicly perform, publicly display,
exploit, promote and make derivative works of all such User Content and your name, voice, and/or
likeness as contained in your User Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in connection with Carma's (and its
successors and affiliates) business without charge. You also hereby grant each User of the Service
a non-exclusive license to access your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted through the functionality of the
Service and under this Agreement.
CARMA SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive,
limited, non-transferable, freely revocable, license to use the Service for your personal, non-
commercial use only. Carma reserves all rights not expressly granted herein in the Service and the
Carma Content (as defined below). Carma may terminate this license at any time for any reason or
no reason whatsoever.
CARMA SOFTWARE
To use the Carma Software you must have a mobile device that is compatible with the Carma
Service. Carma does not warrant that the Carma Software and/or Carma Service will be compatible
with your mobile device.
Carma hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled
code copy of the Carma Software for one Carma Member account on one mobile device owned or
leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile or reverse engineer the Carma Software, except to
the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense,
20
distribute or otherwise transfer the Carma Software to any third party or use the Carma Software to
provide time sharing or similar services for any third party; (iii) make any copies of the Carma
Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Carma Software, features that prevent or restrict use or copying of any content
accessible through the Carma Software, or features that enforce limitations on use of the Carma
Software; or (v) delete the copyright and other proprietary rights notices on the Carma Software.
Software Upgrades
You acknowledge that Carma may from time to time issue upgraded versions of the Carma
Software, and may automatically electronically upgrade the version of the Carma Software that you
are using on your mobile device. You consent to such automatic upgrading on your mobile device,
and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Carma Software is covered by the applicable
open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Carma Software or any copy thereof, and Carma or
its third party partners or suppliers retain all right, title, and interest in the Carma Software (and any
copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder,
except as expressly provided for in this Agreement, is void. Carma reserves all rights not expressly
granted under this Agreement.
Government End Users
If the Carma Software is being acquired on behalf of the United States Government, then the
following provision applies. Use, duplication, or disclosure of the Carma Software by the U.S.
Government is subject to restrictions set forth in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)
(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Export Control. The Carma Software originates in the United States, and is subject to United States
export laws and regulations. The Carma Software may not be exported or re-exported to countries,
persons or entities prohibited from receiving exports from the United States. In addition, the Carma
Software may be subject to the import and export laws of other countries. You agree to comply
with all United States and foreign laws related to use of the Carma Software and the Carma
Service.
21
Carma may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or
discontinue any aspect of the Carma website and application, Carma Software or any products and
services available through or outside of the Carma website and application or Carma Software,
temporarily or permanently, including the availability of any features of the Sites or access to any
parts of the Sites, at any time without notice to you, and you agree that Carma shall not be liable for
any termination of your use of or access to the Sites.
22
PRIVACY POLICY
This section sets out the Carma policy with regard to the privacy of the users of the gocarma.com
website (the “Website”) as well as the Carma and City CarShare applications (“Apps”). By visiting
the Website or by using the Apps, you are agreeing to the terms of this privacy statement. If you are
not happy with the terms of this privacy statement and do not wish your information to be recorded,
you may wish to leave this site.
Carma respects the rights of its users and, except for the following list, does not collect personal
information through the Website Carma or Apps:
• Statistical information gathered automatically when you visit the Website.
• Information provided voluntarily in searching or seeking a Carma match or a vehicle.
• When registering on our Website, as appropriate, you will be asked to enter your name, e-
mail address, gender, phone number, the place where you work and the place you are
living.
• Location information, as necessary to facilitate matching between members and between a
member and a vehicle.
• Occasionally, we may conduct surveys to understand better the needs of our members in
order to improve our features. We sometimes share the aggregated information in these
surveys with partner organizations on an anonymized basis. We never share any information
about a specific Member with any third party without that Member’s express consent.
• Driver License details are used to check Driver Members match Carma eligibility
requirements as listed in this agreement.
• Credit Card Details are used for the purpose of billing Members for usage or other fees.
These details are not shared with third parties and are encrypted when used to process
payments.
23
USE OF DATA
We use your email to provide information on: journey-matching, booking or cancellation details,
billing, other communication as required between Carma, City CarShare, and its members.
We may also provide the option for the Member to allow other Members to respond to postings
directly via their email.
We may also send you email notifications of specific changes to the Website and/or app.
For general web browsing, certain information is recorded in the Website log files, which may
include:
• The top-level domain name from which you access the internet
• The IP address of the computer from which you access the Website
• The date and time each computer accesses the Website
• The pages accessed and the documents downloaded by each computer
• The type and version of the browsers being used to access the Website
• The addresses of any third party webpages which refer visitors to our Website
• Keywords used in search engines and directories to find our Website
• Keywords and phrases used to search our Website
This information is used for statistical purposes only, including:
• to find out how many people are visiting the Website
• to identify what pages are accessed most frequently
• to help us improve the information we are supplying to our users
• to make our site more user friendly
An archive of these website log files and associated analysis and reports are retained indefinitely by
Carma as a way of measuring patterns of website traffic over the years and in order to facilitate
future planning.
24
Analytics Services
Carma Websites use various analytics service providers. Analytics service providers use ‘cookies’,
which are text files placed on your computer, to help the website analyze how users use the site.
The information included in the cookie about your use of the website (including your IP address) will
be transmitted to and stored by these services on servers in the United States. Analytics service
providers use this information for the purpose of evaluating your use of the website, compiling
reports on website activity for website operators and providing other services relating to website
activity and internet usage. Analytics service providers may also transfer this information to third
parties where required to do so by law, or where such third parties process the information on their
behalf. Analytics service providers will not associate your IP address with any other data held by
them. You may refuse the use of cookies by selecting the appropriate settings on your browser,
however please note that if you do this you may not be able to use the full functionality of this
website. By using this website, you consent to the processing of data about you by analytics
service providers in the manner and for the purposes set out above.
Storage of personal information
Personal information submitted is kept on a server belonging to and administered by Carma or an
agent of Carma which provides website hosting services and/or the email alert software. This agent
of Carma is compliant with the applicable data protection regulations and has provided written
confirmation to Carma that they will comply with the relevant data protection obligations by keeping
information secure and not using it for any purpose other than for which it was provided.
For backup purposes, copies of personal information, in-app messages and subscriber lists are
stored on secure servers to which agents of Carma have remote access for the purposes of
providing website development, maintenance or hosting services.
Disclosure of personal information
If a member joins a group within the Carma Service, their name, gender and trip details are
available to that group.
25
In some cases Carma uses suppliers to collect, use, analyze and otherwise process information on
its behalf. It is Carma’s practice to require such suppliers to handle information in a manner
consistent with Carma’s policies.
We may provide information to trusted partners who work on behalf of or with Carma under
confidentiality agreements. These companies may use your personal information to help Carma
communicate with you about offers from Carma and our marketing partners. However, these
companies do not have any independent right to share this information.
We do not sell, trade, or otherwise transfer your personally identifiable information to outside
parties, provided that we may use, disclose and transfer your personal information:
1) to trusted third parties who assist us in operating our website, conducting our business, or
servicing you, so long as those parties agree to keep this information confidential;
2) whether for strategic or business reasons, we may sell, transfer or otherwise disclose some or all
of our assets, including your personal information, in connection with a sale, merger, consolidation,
liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our
obligations under this Privacy Policy and Terms and Conditions. We will notify you of the change
either by sending you an email or posting a notice on our Website.
3) to comply with the law, enforce our site policies, or protect ours or others rights, property, or
safety.
Security of your personal information
Due to the nature of the internet we cannot guarantee the security of any information whilst it is
being transmitted to us via the internet. However, we take our security responsibilities very
seriously and take all reasonable steps (both technical and organizational) to protect your personal
details once they have been received by Carma. Staff who have access to personal information
gathered from the websites are made aware of Data Protection responsibilities. Names of the
Carma staff members who have access to this information are available on request.
26
Service Quality Monitoring
Certain transactions may also involve you calling us or our calling you. Please be aware that it is
Carma’s general practice to monitor and, in some cases, record such calls for training or quality
assurance purposes.
Your right of access to personal information
You may inform us of any changes in your personal data and in accordance with our obligations
under the Data Protection Acts 1998 and 2003 we will update or delete your personal data
accordingly.
Privacy statements on third party websites
Where the Carma website provides links to third party websites, these links are provided for
information purposes only and Carma is not responsible for the content, copyright or privacy
policies of these websites. You may wish to review the privacy policies posted on all third party
websites.
Data Gathered from In-Vehicle Hardware
The hardware installed in each Carma vehicle allows us to gather information about your vehicle
use, including time of use, location, speed of travel, and other aspects of your vehicle use. We use
this information (1) to provide you with the Service, (2) to aggregate your use habits and potentially
provide you with related benefits such as better insurance rates or other perks for safe driving, (3)
to record vehicle movements and driver behavior in case of an accident or theft, (4) to aggregate
your data with other drivers' data and better understand how people use our Service and how we
can make it even better for you in the future.
Location Tracking
The location of all Carma Vehicles is tracked by GPS and conveyed to Carma. Location information
is tracked both on your smart phone and by the vehicle's hardware. We will never use this
information to make your location or movements public without your permission.
27
We monitor all cars to prevent theft, and to allow us to locate you in case of accident, emergency,
lockout, etc. Your location information will only be used in direct relation to Carma business, and
may be released to insurance companies, the police, or similar parties in the due course of
investigating and processing accident claims, and providing you with help in the case of an
emergency or lockout.
ONLINE PRIVACY POLICY ONLY
This online privacy policy applies only to information collected through our website and not to
information collected offline.
Privacy of Minors and Children
Our websites do not and will not target and are not intended to solicit or attract children. Carma
does not knowingly solicit personal information from children or send them requests for personal
information. For the purposes of this document, “children” means anyone under the age of 18.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under the California Civil Code Section 1798.83, have the right
to request from companies conducting business in California a list of all third parties to which the
Company has disclosed personal information during the preceding year for direct marketing
purposes and a disclosure of the shared information. If you are a California resident and request
information about how to exercise your third party disclosure choices, send a request to the
following email address: [email protected]
28
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including,
without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music, (the "Carma Content"), and all Intellectual
Property Rights related thereto, are the exclusive property of Carma and its licensors. Except as
explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under
any such Intellectual Property Rights, and 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 Carma
Content or materials on the Service for any purpose not expressly permitted by this Agreement is
strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service,
including without limitation about how to improve the Service or our products ("Ideas"). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction
and will not place Carma under any fiduciary or other obligation, and that we are free to use the
Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential
basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission,
Carma does not waive any rights to use similar or related ideas previously known to Carma, or
developed by its employees, or obtained from sources other than you.
PRIVACY
We care about the privacy of our Users. Our Privacy Policy above outlines how we use and
safeguard your information. You understand that by using the Service, you are consenting to our
Privacy Policy that includes but is not limited to (i) the collection, use and disclosure of your
personally identifiable information and aggregate data; and, (ii) to have your personally identifiable
information collected, used, transferred to and processed in the United States.
29
SECURITY
We have implemented commercially reasonable technical and organizational measures designed to
secure your personal information from accidental loss and from unauthorized access, use,
alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be
able to defeat those measures or use your personal information for improper purposes. You
acknowledge that you provide your personal information at your own risk.
THIRD PARTY WEBSITES
We may provide links to other websites that may be of interest to you. Carma does not monitor or
investigate such websites and is not responsible for the content, functionality or practices of such
websites. Once you link to a third party website, you will be subject to the terms of use, privacy
policy and/or editorial policy of that site. Your linked to such websites is at your own risk, and
Carma is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged
to be caused by, or in connection with, your use of or reliance on any content, goods or services
available on or through any such site.
INDEMNITY
You agree to defend, indemnify and hold harmless Carma and its subsidiaries, agents, licensors,
managers, and other affiliated companies, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and
access to the Service, including any data or content transmitted or received by you; (ii) your
violation of any term of this Agreement, including without limitation your breach of any of the
representations and warranties above; (iii) your violation of any third-party right, including without
limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any
law, rule or regulation of the United States or any other country; (v) any claim or damages that arise
as a result of any of your User Content or any that is submitted via your account; or (vi) any other
party's access and use of the Service with your unique username, password or other appropriate
security code. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
30
FEES AND RESPONSIBILITIES OF THE MEMBER
Carma will pay initial costs of a DMV check and all applicable driving record/insurance verification,
application, membership and similar fees associated with setting up the Member's
driving/membership plan.
It is your responsibility to notify Carma should there be a change in the DMV records. Carma will
periodically complete randomized verifications of state DMV records to ensure continued
compliance. Should there be any negative variance between originally submitted records and
randomly re-checked records, your membership shall automatically terminate and new
verification/application fees may be charged/incurred by you if a new membership application is
resubmitted more than thirty (30) days after a Member's account with Carma is closed.
You are required to pay all fees and costs incurred when due, including, without limitation,
application fees, driving record/insurance verification fees, membership fees (which are
automatically charged when due), driving charges (including but not limited to overage and
surcharge and/or toll fees), per-seat reservation charges, sales and other taxes and levies, and
other costs and fees as provided in the Rules and Schedules and the Member's membership plan,
where applicable. Members are billed for amounts due via credit or debit card or other means as
established by Carma. Any Member account that is past due will be suspended; however, any
reservations booked in advance shall still be charged to the Member if not timely cancelled by the
Member and recurring Membership fees will continue to be billed to the account. If payment of any
amount due is rejected by the credit or debit card provided by the Member a fine will be imposed
and membership and the use of Carma services, may be suspended. Members are responsible for
providing and maintaining current credit card or debit card information on file with Carma. Ongoing
issues with credit or debit card billings may result in termination of membership. Under no
circumstances will Carma be responsible for any overdraft or other fees charged by a Member's
credit card company or bank. For past due accounts, Carma may also change when payment is
due and/or terminate the Member's account. In addition, Carma may utilize third parties to collect
amounts owed to Carma by a Member and the Member will also be responsible for any collection
or similar fees associated with these collection activities.
Members are responsible for providing and maintaining current email, mobile phone, preferred
search address, mailing address and other account information. Telephone calls, email
correspondence and social media communications with Carma may be recorded or monitored. By
31
using these communication methods you are consenting to the recording or monitoring of your
calls, emails and social media communications.
32
CARMA INSURANCE SUMMARY
COMMERCIAL AUTO INSURANCE POLICY (PRIMARY)
City CarShare has one of the best insurance plans in the industry. You’re covered for up to
$1,000,000 per incident. Chances are you can’t get better coverage than that! If you are at-fault for
damages to a City CarShare vehicle, you are only responsible for payments of a modest deductible
($1000 per incident for personal use accounts or $2,000 per incident for business accounts). If you
want to lower that deductible to $50, choose Buck-to-Deduct each time you reserve a car. It’s just
$1/ hour up to $7/ reservation- or $10 for each Flat Rate trip.
With safety in mind, our policy covers the drivers/members and Carma as follows:
• $100,000 limit bodily injury per person. $300,000 bodily injury per accident and $100,000
property damage per accident. The Medical Payment coverage is up to $5,000.
Our UM/UIM limits are as follows:
• $100,000 limit bodily injury per person. $300,000 bodily injury per accident and $100,000
property damage per accident (not additional limits, but the same as the Liability Limits).
RIDER MEMBERS ARE NOT INCLUDED BY CARMA INSURANCE. IN THE EVENT A RIDER
MEMBER DRIVES A VEHICLE AND IS HURT OR INJURED BY SUCH USE SUCH MEMBER WILL
NOT BE AND IS NOT COVERED BY CARMA INSURANCE.
TERM AND TERMINATION
This Agreement shall commence upon the acceptance by Carma of the Member's completed
membership application and the Member's payment of any applicable fees. The term of this
Agreement shall continue until such time as membership is canceled in accordance with our
termination requirements. Member may terminate membership and all associate memberships
upon one day prior notice by calling us at +1 (415) 995-8588 or canceling services on the Carma
website. The termination will only be considered effective once the Member has returned to Carma
any vehicle or any other property of Carma that the Member has in the Member's possession. No
33
monthly, annual, application, driving records/insurance verification or similar fee will be refunded in
the event of termination by the Member, except as specifically provided in this Agreement. In
addition to the termination provisions above, Carma may terminate this Agreement at any time
upon no less than thirty (30) days' notice to the Member unless otherwise provided herein. With
respect to any termination or cancellation of this Agreement, the Member shall remain responsible
for any fees, costs or expenses incurred prior to termination of this Agreement.
Carma may also, upon notice to the Member, immediately terminate this Agreement if the Member
(a) fails to pay any sum due under this Agreement; (b) fails to comply with any term or condition
specified in the Agreement or any Rules; (c) is involved in an incident with a Carma vehicle that, in
Carma's reasonable sole discretion, renders the Member ineligible or inappropriate for continued
membership; (d) engages in any activities or conduct that Carma, in its reasonable sole discretion,
determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is
not paying the Member's debts as such debts generally become due, becomes insolvent, files or
has filed against the Member a petition (or other document) under any bankruptcy or insolvency law
or similar law that is unresolved within sixty (60) days of the filing of such petition (or document),
proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with
creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver,
trustee, custodian or similar agent is appointed or takes possession of any of the Member's
property or business.
Upon termination, all of the Member's rights to use Carma Services shall immediately terminate.
The Member agrees to return immediately to Carma any vehicle or any other property of Carma that
the Member has in the Member's possession. Additionally, the Member shall be responsible for and
agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this
Agreement, whether upon termination or otherwise (including, without limitation, any costs relating
to recovering any of the foregoing property or any amounts due and owing to Carma).
34
LIMITATIONS OF LIABILITY
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER
EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST
EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL CARMA OR ANY OF ITS
AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED
(INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY
THEORY OF LIABILITY ARISING IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR
USE OF THE CARMA SERVICES WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF
CARMA OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, CARMA SHALL HAVE NO
LIABILITY FOR ANY LOSS OF, OR DAMAGE TO, ANY GOODS IN OR ON THE VEHICLE OR IN OR
ON ANY THIRD PARTY VEHICLE, ANY LOSS, DAMAGE, INJURY OR DEATH IN RELATION TO
ANY MEMBER OR ANY THIRD PARTY ARISING FROM THE USE OF A CARMA VEHICLE, LOSS
OR DAMAGE INCURRED BY THE MEMBER AS A RESULT OF ANY CLAIMS MADE BY A THIRD
PARTY, OR LOSS OR DAMAGE INCURRED BY THE MEMBER ARISING FROM OR IN RELATION
TO EITHER (I) THE RESERVATION, NON-AVAILABILITY, SUPPLY, OPERATION OR USE OF A
CARMA VEHICLE OR (II) ANY VEHICLE ACCESSORIES, WHETHER SUPPLIED BY CARMA OR BY
A MEMBER (FOR EXAMPLE, LUGGAGE RACKS, BICYCLE RACKS, BABY SEATS AND THE LIKE;
THE MEMBER IS RESPONSIBLE FOR THE SAFE INSTALLATION OF SUCH ACCESSORIES AND
MUST CHECK THE CONDITION OF SUCH ACCESSORIES BEFORE EACH USE), UNLESS IN
EACH CASE SUCH LOSS OR DAMAGE IS INCURRED DUE TO OUR NEGLIGENCE OR FAILURE
TO CARRY OUT OUR RESPONSIBILITY.
CARMA AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE
TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT IF SUCH FAILURE IS CAUSED BY
THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS
OUTAGES, FIRE, FLOOD, OR WAR.
35
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND
EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN
THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY
AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
DUTIES AND RESPONSIBILITIES
CARMA SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF, OR DAMAGE TO, ANY
GOODS IN OR ON THE VEHICLE, NOR SHALL IT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE RESULTING TO THIRD PARTIES FOR THE ACTIONS TAKEN BY ANY MEMBER DURING
HIS OR HER USE OF A CARMA VEHICLE.
CARMA SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR INJURIES ARISING FROM THE RESERVATION, NON-
AVAILABILITY, SUPPLY, OPERATION OR USE OF A VEHICLE, EVEN IF IT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
CARMA SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGE OR INJURIES ARISING FROM THE USE OF ANY VEHICLE
ACCESSORIES SUPPLIED BY CARMA (LUGGAGE RACKS, BICYCLE RACKS, SKI RACKS, TIRE
CHAINS, CHILD OR INFANT CAR SEATS, ETC.) OR USED BY THE MEMBER. THE MEMBER IS
RESPONSIBLE FOR THE SAFE INSTALLATION OF SUCH ACCESSORIES AND MUST CHECK
THEIR CONDITION BEFORE EACH USE.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION
WAIVER PRE-DISPUTE RESOLUTION
PROCEDURE.
36
Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims
proceeding), you and Carma both agree that we shall give the other party written notice of the claim
to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to
resolve the claim. If you are intending to assert a claim against Carma, you must send the written
notice of the claim to Carma Legal Dept., [email protected]. If Carma is intending to assert a
claim against you, we will send the written notice of the claim to you at your address appearing in
our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE
RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR
AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
You agree that any cause of action you may have with respect to Carma or the Service must be
commenced within one (1) year after the claim or cause of action arises, notwithstanding any
statutes of limitation to the contrary.
Agreement to Arbitrate. In the event of a dispute that cannot be resolved informally through the pre-
dispute resolution procedure, you and Carma agree to arbitrate all disputes and claims, including
the interpretation and scope of this provision, and the arbitrability of the dispute or claim.
Under this dispute resolution provision, arbitrators can award the same individual relief affecting
individual parties that a court can award, including damages and an award of attorneys' fees, if the
applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU
AND CARMA AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR
COURT.
CLASS ACTION WAIVER. YOU AND CARMA AGREE THAT ANY CLAIMS BROUGHT BY YOU OR
CARMA WILL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND WILL NOT BE
BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL
ACTION. The arbitrator may not consolidate more than one person's claims, and may not otherwise
preside over any form of a class, representative, or private attorney general proceeding. You and
Carma agree to seek only such relief—whether in the form of damages, an injunction, or other non-
monetary relief—as is necessary to resolve any individual injury that either you or Carma have
suffered or may suffer. In particular, if either you or Carma seek non-monetary relief, such relief
must be individualized and may not affect individuals or entities other than you or Carma. This
requirement that claims be brought in binding arbitration only in an individual capacity and not as a
representative, private attorney general, or class member ("Class Action Waiver") is non-severable.
If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution
provision shall be null and void.
37
Hearings and Decisions. If you are not an individual person (but are instead, for instance, a
partnership, corporation, or other form of entity or non-natural person) (hereafter "Entity Member"),
arbitrations shall proceed at a location that the arbitrator selects unless you and Carma agree
otherwise.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned
written decision sufficient to explain the essential findings and conclusions on which the award is
based. The arbitrator's award shall be final and may be enforced in any court of competent
jurisdiction. Further, an arbitrator's award and any judgment confirming it shall apply only to that
specific case and cannot be used in any other case except to enforce the award itself.
Fees and Costs. Each party will pay its own fees and costs.
38
SCHEDULE
RULES OF VEHICLE USE
In addition to the rules and obligations set forth in this Agreement, Members are required to take
careful note of, and abide by, the Rules set forth in this Schedule. All applicants for membership
with Carma should read and understand these Rules before they apply and before they pay any
applicable driving record/insurance verification, application and/or membership fees. By becoming
a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by
all of the following Rules and these Rules shall also be deemed to apply to all Members. Capitalized
terms used in this Schedule shall have the same meaning assigned to such terms in the Agreement.
Persons Permitted to Use Vehicles
Only properly licensed active Carma Members in good standing are allowed to drive Carma
vehicles. Non-Members and Rider Members are expressly prohibited from driving a Carma vehicle
at any time. Driver Members may drive a Carma vehicle that has been reserved by another Driver
Member; however all fees and charges, and the application of any taxes, shall be determined in
accordance with, and be the responsibility of, the reserving Member.
Prohibited Uses
The use of a Carma vehicle under the following conditions is prohibited:
• any speed race or competition;
• for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
• for operating a taxi service;
• for transporting non-Carma members where the Carma Service requires a per-seat payment
• by any person who is under the influence of (i) alcohol or (ii) any drug or medication under
the effects of which the operation of a vehicle is prohibited or not recommended;
• in the carrying out of any crime or for any other illegal activity or purpose;
• in an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;
• by any person who has provided Carma with false information or whose representations are
determined to be false (including, without limitation, regarding his/her name, age, or
address);
• driving a Carma vehicle outside of the designated corridors, where applicable;
39
• carrying a number of passengers that exceeds the designed seating capacity of the vehicle
or baggage or other items that would cause the vehicle to be overloaded;
• carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
• driving while using a mobile communication device that may distract you from driving,
including driving while texting, emailing, using a cell phone without a hands-free device or
otherwise engaging in similar activities that may be prohibited by applicable law; or
• driving while wearing any device that limits the Driver Member’s ability to hear, see, and/or
otherwise judge driving conditions. Driver Members must follow all applicable laws
governing headphone use in vehicles, which may differ state by state.
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use
of a Carma vehicle, as determined by Carma in its sole discretion, may be deemed a violation of
these Rules. Without limiting the foregoing, Members must always use Carma vehicles in
accordance with all highway and other applicable laws and regulations. Carma may report to the
authorities any use of a Carma vehicle or other activities that are in violation of law.
Carma may immediately suspend or terminate the use of its Service by any Member for a violation
of any of these Rules. Upon suspension or termination, any existing reservations for the Member
may be canceled by Carma at its sole discretion. In addition, Members will be responsible for any
and all costs, charges, fees and expenses incurred by Carma as a result of a breach of any of these
Rules.
Members Policies and Procedures
User Policies. You agree to the following policies for each trip:
• Vehicles may only be used for member carpooling, carsharing, and/or high-occupancy
commuting.
• The Driver Member must park the vehicle in the designated parking space as assigned by a
Carma staff member or the Carma Application.
• The Driver Member is solely responsible for all parking tickets, citations, violations, and
resulting fees and obligations that are incurred from the Vehicle being improperly parked.
• Members must drive and park with reasonable care, keep the Vehicle clean.
• Members may not place stickers, signs, symbols, or other devices, modifications,
advertisements or publicity materials on the interior or exterior of the Vehicle.
• Members may not pick up hitchhikers or other non-Members while in the Vehicle.
40
• Members must obey all applicable seat-belt laws while in a Carma Vehicle. Carma
recommends that every person in the Vehicle wear a seat belt at all times.
Penalties
In addition to all its other rights and remedies set out in the Agreement and the Membership
Manual, Carma reserves the right to impose service fees on the Member, in case of non-
observance by the Member of any provision of this Agreement or of the Membership Manual, in the
manner and amounts specified in the Membership Manual and/or the Credits and Fees table.
Per-Seat Reservations and Fixed-Corridor Vehicles
When using a Carma Service that operates on a fixed corridor and/ or where per-seat reservations
are required, Members must always reserve a Carma Seat in advance of use and will typically be
billed for usage fees at the time of reservation, or upon departure. Reservations are made per seat
and each reserving member is responsible for all seats reserved by them. Carma Vehicles operate
on a fixed schedule, should the member not be available at the departure time, Carma will, at its
sole discretion, make all reasonable efforts to accommodate the member in the next available
vehicle.
If you wish to cancel a reservation, you must do so at least twelve hours before the scheduled start
of the reservation. Any cancellations after twelve hours prior to departure will incur the full cost of
that reservation. Reservations are made within the Carma Application.
Key Fob Usage; Securing Vehicles; Lost Property
The key, key fob or other starting device to the vehicle must remain in the vehicle and/or be
returned to its designated position within the vehicle, or returned to a designated Carma staff
member at the conclusion of the reservation. The vehicle must be locked (using your Carma mobile
application or vehicle key fob) at all times when it is not in use during your reservation. You must
immediately advise Carma if you are unable to lock the vehicle. Failure to do so may result in a
penalty or fee.
You must advise Carma immediately if you fail to leave the key/fob/starting device, fuel card or
parking pass (if applicable) in the vehicle.
Stolen vehicles must be immediately reported to Carma.
41
Members must check that they have not left any belongings in the Carma vehicle. Carma makes
reasonable effort to reunite lost belongings with their owner; however, Carma shall not be held
liable for any belongings left in a vehicle or stolen from a vehicle, and the Member agrees not to
hold Carma responsible for any such belongings, whether of the Member or any third party. Any
items found in a vehicle by Carma may be passed on to charity or disposed of at the discretion of
Carma.
Refueling, Maintenance/Cleanliness and Eligible Expenses
When you use a Carma vehicle, Carma is responsible for the cost of fuel. Carma will ensure that
vehicles are maintained all times, however in the event that the fuel tank drops below one quarter of
a tank, you are required to fill up gas/diesel powered Carma vehicles. We provide you a fuel card
for this purpose. Members must ensure that they use the correct fuel when refueling the vehicle
(gasoline or diesel).
Carma will perform all necessary and required routine maintenance on all of its vehicles. However,
Members are responsible for the cleanliness of vehicles and we expect Members to assist in
helping us to maintain the driving safety and performance of the vehicle. Members must be
responsive to all warning lights, chimes and other indicators and alerts. While Carma will provide
regular servicing and maintenance of the Carma vehicles, Members are expected report any
irregularities to the Valet Service on arrival at the destination or by sending an email to
[email protected] email address.
Vehicles may require Roadside Assistance from time to time. Carma provides Roadside Assistance
support as part of our service. If, however, a Member's need for Roadside Assistance results from a
breach of this Agreement or a violation of Carma Rules, the Member may be charged for the costs
of the service.
Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate
or strange engine or other mechanical sounds, performance changes or unusual driving feel, must
be reported to Carma as soon as noted.
Breakdown
All breakdowns, accidents or similar incidents involving Carma vehicles must be reported to Carma
immediately by phone to (415) 995-8588.
42
Breakdown and Roadside Assistance. When using a vehicle, you must follow the owner's manual
instructions. If a problem arises that prevents or limits the use of the vehicle or that may
compromise safety, you must immediately notify Carma and follow Carma's instructions.
Incidents & Property Damage
You agree to the following Insurance Claim Procedures for each Use of the Carma Vehicle.
Reporting: It is the responsibility of the Member to report and process a claim for any incident that
occurs during the usage, or for which the Driver Member is otherwise responsible.
Members must notify Carma immediately of any major or minor incident that occurs by calling the
Carma Emergency Line (415) 786-7468. In an emergency, the Member should first call 911, then
notify Carma as soon as possible. The Members must fill out an Incident Report Form, available in
the Carma vehicle, or on the Carma Website, as soon as possible and no later than two (2) days
following an incident. Each member in the vehicle at the time of any major or minor incident must
complete an Incident Report form and the Driving Member must fill out an official police report
form, and, if possible, provide a jointly agreed-upon statement.
Deductible: WHERE THE DRIVER MEMBER IS PROVEN TO BE NEGLIGENT, THE DRIVER
MEMBER AGREES TO BE LIABLE FOR THE DEDUCTIBLE ASSOCIATED WITH THE CARMA
INSURANCE COVERAGE, AND ANY AMOUNTS BEYOND THAT WHICH THE DRIVER MEMBER IS
DEEMED LIABLE FOR, SUCH AS DAMAGES RESULTING FROM NEGLIGENCE. THE DRIVER
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE DEDUCTIBLE AMOUNT MAY
BE WITHDRAWN OR CHARGED DIRECTLY TO THE MEMBER'S CREDIT CARD BY CARMA. The
deductible amount and other fees are listed in the Fee and Commission Schedule.
Damage Assessment: Carma takes on the responsibility to have the Car assessed for damage by a
reputable mechanic.
Claim Monitoring: Incident reports are monitored to ensure timely submission and processing of
claims.
Investigation and procedure. Members agree to cooperate fully with Carma in the investigation and
defense of any such claim or lawsuit. A Member's account will be suspended until the investigation
has been concluded.
43
Traffic Violations
Driver Members are responsible for any traffic violations incurred during your reservation or as a
result of your use of a Carma vehicle. These include, but are not limited to parking, speeding, red
light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such
violation, including fines for late payment and any processing penalties/fees added by the issuing
municipality. You are liable for toll evasion. Wherever possible it is the Member's responsibility to
pay the relevant authorities directly. Carma may impose a fee in connection with processing any
such violations. You must report such violations to a Carma Representative as soon as possible
within the prescribed deadline for the violation (for example, if the case is being taken to court).
You must notify Carma of any traffic violation notices found on a vehicle at the time of pickup of the
vehicle. All unreported traffic violations will be the responsibility of a Member if they occur during
the time period during which such Member is using or responsible for the Carma vehicle.
At the end of your reservation, you must not leave a vehicle in a zone that has parking restrictions. If
you leave the vehicle in such a restricted zone, you must immediately notify Carma, and you will be
responsible for any and all violation notices or towing charges incurred by Carma, even if this
occurs after the reservation period, if it is determined that the Member’s actions or inactions were
the cause of the violation.
Where a violation, incurred during the Member's Reservation Period or after it as a result of failure
to adhere to parking regulations, is sent directly to Carma, Carma will either pay the penalty/fee on
behalf of the Member and then add the penalty/fee to the Member's account or Carma may, if
permitted by the authority issuing the violation, transfer liability for the penalty/fee to the Member
and the Member will then be wholly responsible for all correspondence with the appropriate
authority and any penalties/fees due. Carma will always inform a Member which one of these two
courses of action it has taken, and will endeavor to provide notice to Members before it pays any
penalties/fees attributable to them. Once paid by Carma, it may not be possible for the Member to
challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge
issued by any authority or body belongs to Carma and will be at Carma's absolute discretion. In the
case of speeding notices, Carma is obligated to pass on the offending Member's details to the
police, who will then contact the Member directly.
Smoking & Pets
44
Smoking and vaping are absolutely prohibited in Carma vehicles. Members are subject to fees if
evidence of smoking or pets is found in Carma vehicles.
Pets are allowed in Carma vehicles only when in a crate, with the exception of service animals.
MISCELLANEOUS PROVISIONS
• By applying for membership and becoming a Carma Member, the Member represents and
warrants to Carma that the Member has received all explanations as the Member may have
reasonably requested concerning the content of this Agreement, including all Schedules,
and that the Member has carefully reviewed and understands the Member's commitments
and obligations hereunder. The Member also represents that the Member has reviewed and
understands the Carma Privacy Policy and acknowledges that any information shared by, or
collected from or about the Member may be used by Carma in accordance with the terms
of the Privacy Policy as it may be amended from time to time.
• Under this Agreement, any Household Member or Employee Member undertakes exactly
the same commitments as the Member regardless of its professional and/or employment
relationship with the Member. The Member and all Household Members or Employee
Members are jointly and severally responsible for their commitments to Carma and for any
claim or other action Carma might take against them.
• The Member declares to Carma that he/she has taken all reasonable and prudent measures
to ensure that he/she has correctly understood each and every one of his/her commitments
and obligations.
• The rights granted to the Member or Associate Members under this Agreement are not
assignable or transferable, in whole or in part. Any attempt to transfer this Agreement
without the written consent of Carma shall be void and of no force and effect. Carma may
assign this Agreement to an affiliate or to another entity in connection with a corporate
transaction or otherwise. Only you and Carma shall be entitled to enforce the terms and
conditions of this Agreement. No third party shall be entitled to enforce any of the rights
contained in this Agreement.
• No delay or omission by Carma to exercise any right or power occurring upon any
noncompliance or default by the Member with respect to any of the terms of this Agreement
shall impair any such right or power or be construed to be a waiver thereof. Any waiver by
45
Carma of any covenant, condition, or agreement to be performed by the Member shall not
be deemed to be a waiver of any prior or subsequent breach of the same, or of any other
covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies
provided for in this Agreement shall be cumulative and in addition to and not in lieu of any
other remedies available to either party at law, in equity, or otherwise.
• If any term, provision, covenant or condition of this Agreement is held invalid or
unenforceable for any reason, the remainder of the provisions will continue in full force and
effect as if this Agreement had been executed with the invalid portion eliminated. The
parties further agree to substitute for the invalid provision a valid provision that most closely
approximates the intent and economic effect of the invalid provision.
• This Agreement is governed by the laws in force in the State of California and shall be
interpreted according to the internal laws of such Commonwealth, without reference to its
conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the
applicable state or federal courts of California. The parties hereby consent to the exclusive
jurisdiction of such courts, agree to accept service of process by mail, and waive any
jurisdictional or venue defenses otherwise available.
• Any notices or communication required or permitted to be given to the Member shall be in
writing and shall be sufficiently given if delivered by email or mailed to the Member at the
email or postage address provided to Carma in the Member's completed application or as
updated by the Member and on file with Carma. Any notices or communication required or
permitted to be given to Carma shall be in writing and shall be sufficiently given if delivered
via email or mailed as follows:
• Any notice delivered via email shall be deemed to have been received on the first business
day after which it was sent, unless the sending party is notified that the email address is
invalid. Any notice sent by letter shall be deemed to have been received on the fourth
business day after it was posted.
• If any of these terms and conditions in this Agreement are found unlawful, void, or for any
reason unenforceable, then that provision will be considered severable from the remaining
terms and conditions of this Agreement, and will not affect the validity and enforceability of
the remaining provisions.
