Terms And Conditions

GIMA TERMS OF SERVICE

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS, PLEASE READ THEM CAREFULLY. UNLESS YOU OPT OUT, THEY INCLUDE AN AGREEMENT TO ARBITRATE. THESE TERMS ALSO CONTAIN A CLAUSE GOVERNING THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. THEY ALSO PROHIBIT ALL CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION.

BACKGROUND

GIMA LLC. (hereinafter referred to as “GIMA”, “we”, or “us”) operates an online car sharing peer to peer platform where Car owners (Hosts) can list their vehicles which may be rented by individuals (Guests) This platform aims to link the Hosts and the Guests with each other. GIMA is available as a mobile application and on the internet at gimallc.com. All of the GIMA’s services provided through its website, mobile apps, are referred to as the “Services”. Whether or not you register as a user of the Services, by accessing or using the Services, including by corresponding with us or other GIMA users, you agree to abide by the terms of this agreement and to be legally bound by them. These Terms serve as a legally binding agreement between you and GIMA and regulate your access to and use of the Services.
The “Agreement” between you and GIMA (each a “Party” and together, “the Parties”) is made up of these Terms, the cancellation policy, the applicable insurance terms and certificates, the terms for roadside assistance, and any other policies (collectively, the “Policies”).
Alteration. GIMA has the right, at our sole discretion, to change the Services or this Agreement at any time, including these Terms. We shall update the Services with any changes we make to these Terms. The “Last Revised” date at the end of these Terms will also be updated. You acknowledge and agree to be bound by the updated terms if you use or use the Services after we have posted a modification or notified you of a revision. Your only option is to cease using and accessing the Services and cancel your GIMA Account within 30 days if the amended conditions are unacceptable to you. Unless you use the Services during the 30 days that follow, in which case the updated version of these Terms will take effect, if you decide to close your GIMA Account, the terms that were in force at the time of the prior edition will still apply to you.

REGISTRATION, ELIGIBILITY, AND VERIFICATION

In order to utilize specific aspects of the Services, you will need to create an account (a “GIMA Account”) with us. By entering your email address, first and last name, and a password, or by logging in with an account from a third-party website or service (including Apple, Facebook, and Google), you can create a GIMA Account. When you reserve a car as a passenger or guest (the “Guest”), you give us personal data about yourself. You give us further information about yourself and your vehicle(s) when you list a vehicle as the owner or host (the “Host”). Throughout the registration, booking, and/or listing processes, you are required to supply correct, comprehensive, and up-to-date information. You are required to maintain your GIMA Account current at all times. GIMA may add conditions to your booking (such as requiring a deposit, adding a second form of payment, purchasing a specific level of protection plan, or other restrictions) based on the information you supply.

The Services are only meant for guests who fulfill our age criteria in the region where the vehicle is rented and hosts who are 21 years old or older. It is strictly forbidden for anyone who does not meet these age restrictions to use the Services.

GIMA may, but is not required to, conduct screenings, checks, and other procedures meant to: (1) assist in confirming users’ identities or histories, including driving records and the validity of their driver’s licenses; and (2) confirm vehicle details. GIMA does not promise to carry out any particular screening procedure or to recommend any vehicle, user, or user’s background. You hereby grant GIMA permission to seek, receive, use, and keep such information. GIMA may, at its sole discretion, employ third-party services to confirm the information you supply to us, as well as to get further related information and corrections when necessary. GIMA has complete authority over whether to approve or deny your request to book or list a vehicle. GIMA may make measures to guarantee the security of cars shared via the Services, but it makes no guarantees in this regard. Beyond our policies requiring hosts to make sure their vehicles are in safe and operational condition, legally registered to be driven on public roads, have a clean title, not subject to any applicable safety recalls, and otherwise meet our eligibility requirements, we make no representations, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles.

You hereby give GIMA written instructions and authorize GIMA to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permitted by applicable law, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws, at any time after you attempt to book or list a vehicle or at any other time where GIMA reasonably believes there may be an increased level of risk associated with your GIMA Account.

APPLICABLE TAXES AND FEES

Guests will get an itemized bill at the time of checkout for the fees we charge for using the Services and other cost structures. Before submitting your trip request, you can confirm the cost of your trip during the checkout process. You give GIMA, or other service providers working on GIMA’s behalf, permission to keep your payment credential on file in case you have any unpaid debts to GIMA. You give GIMA permission to utilize your stored payment credentials for any outstanding balances.

To recover sums owed, GIMA and its service providers will use whatever lawful means at their disposal, including hiring collection agencies or attorneys. Information regarding your GIMA Account may also be reported to credit bureaus by GIMA or the collection companies we work with. Consequently, your credit report can include information about missed or late payments or other defaults on your GIMA Account. Delinquent accounts or chargebacks will be assessed fees and/or costs incidental to the collection of delinquent accounts or chargebacks, such as collection fees, convenience fees, and/or other third-party charges.

YOUR OBLIGATIONS

You guarantee that you will only use your GIMA Account and the Services in accordance with these Terms, the law that may be applied, and any other guidelines that GIMA may provide you.

ACCOUNT UTILIZATION

All action that takes place through your GIMA Account is and will remain entirely your responsibility. Maintain the security of your GIMA Account information, including your password. You promise to keep your password confidential and to accept full responsibility for any activities or acts taken using your GIMA Account, whether or not you gave permission for them. Any unlawful use of your GIMA Account, whether real or suspected, shall be reported to GIMA right away. If you don’t disclose unauthorized access to us, we won’t be held accountable for your failure to abide by this provision or for any delays in protecting or terminating your GIMA Account.

LICENSE

GIMA provides you a limited, revocable, non-exclusive, non-transferable license to access and view GIMA and/or user content to which you are granted access, only for your personal and non-commercial use, provided you comply with the terms and conditions stated below. The licensing rights given in this section cannot be sublicensed. With the exception of the licenses and rights expressly given in these Terms, no licenses or rights under any intellectual property rights owned or controlled by GIMA or its licensors are impliedly or otherwise granted to you.

Posting, uploading, publishing, submitting, and transmitting content—such as pictures of you and your vehicle(s), reviews, comments, and summaries of your trip, vehicle, and yourself—through the Services may be allowed at our sole discretion. You give GIMA a worldwide, irreversible, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services by making any content available on or through the Services, or through GIMA promotional campaigns. GIMA does not assert any ownership rights over any such content, with the exception of the usage and commercialization rights mentioned above in relation to GIMA photos supplied to hosts. Nothing in these Terms will be interpreted to impede your ability to utilize and benefit from any such content.

ACTIVITIES PROHIBITED

You agree that in connection with your use of or access to the Services, you will not: • Advocate, encourage, request, or assist any third party in violating any law; • Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation; or • Any court order, including but not limited to tax and airport regulations, licensing or registration requirements, or intellectual property rights.

Posting content that is false, inaccurate, misleading, defamatory, or libelous is prohibited. Likewise, using content from the Services that is owned by GIMA, another user, or a third party is prohibited, including works protected by copyrights, trademarks, patents, or other intellectual property, privacy, publicity, moral rights, or contracts, unless GIMA has granted prior written permission in writing.

Dilute, tarnish, or inflict damage on the GIMA brand in any manner, such as: • By utilizing the Services and/or user content without authorization; • By registering and/or using “GIMA” or similar terms in trade names, trademarks, domain names, or other contexts;

Creating and/or utilizing social media account names, trade names, trademarks, domain names, or other identifiers that are confusingly similar to or closely resemble GIMA trademarks, taglines, advertising campaigns, or user content

False names, dates of birth, driver’s license information, payment methods, insurance, and other personal information are among the things you could provide or submit. You could also do this in relation to a claim (like damage to a car, for example) or by registering for a GIMA Account on behalf of someone other than yourself or the business you represent. Finally, you should not impersonate someone else or falsify or otherwise misrepresent yourself or your affiliation with someone else.

Break any of your agreements, such as: • Not paying fees, penalties, or other sums due to GIMA or another user • Not punctually delivering, making available, or returning any car and optional Extras, as a host or guest, unless you have a legitimate reason.

Find a host or guest using the Services, and then carry out a transaction that is either partially or fully independent of the Services, for any reason, including but not limited to avoiding paying any fees associated with GIMA’s provision of the Services (also known as gray market transactions, which don’t always involve exchanging money).
Give your GIMA Account and/or user ID to another person without our permission. • Leave the car running and unlocked, unless GIMA specifically instructs you to do so in particular restricted situations.

damage or threaten to damage members of our community, such as: • Track, harass, or defame another GIMA user; or gather and retain any personally identifying data about another user for purposes other than conducting business as a host or guest in compliance with these Terms.

Threatening, abusive, or physically violent behavior
Use the Services to send, distribute, post, or submit any information about another person or organization, including, but not limited to, account numbers, payment method details, personal contact information, and images of individuals taken without their consent.
Treat people differently because of their appearance, their beliefs, their self-identification, their origins. GIMA community does not accept any form of discrimination.
Bring or maintain legal action against GIMA or one of its users in any way that is not permitted or waived by these Terms.

Use the Services for any unrelated, personal uses, such as:

Get in touch with another GIMA user for any reason other than for a reservation, car, listing, or that user’s use of the Services.
Make any content, including reviews, available for purchase on the Services or through software connected to the Services.
Gathering user data in any way without permission from them or from us
Without our prior written consent, recruit or otherwise approach users to join websites or services that compete with GIMA.

interfere with how the Services are run, for example, by:

Tampering with the listings of any other user
Distributing or uploading unsolicited commercial messages (such as spam) through the use of the Services
Spreading viruses or other technologies that could damage GIMA or third parties’ property or interests, or cause disruptions or interference with the operation or provision of the Services; examples include bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or email address information, and similar techniques.
By avoiding robot exclusion headers, causing disruptions to the Services, or placing an excessively high or unreasonable demand on our infrastructure
Using manual methods, bots, crawlers, spiders, or other automated means to methodically retrieve data or other content from the Services in order to develop or compile, directly or indirectly, a collection, compilation, database, directory, or the like
Without GIMA’s prior written consent, using, displaying, mirroring, or framing the Services or any specific part of them, the GIMA name, any GIMA trademark, logo, or other proprietary information, or the arrangement and design of any page or form contained on a page in the Services
Using, accessing, or tampering with our computer systems, our service providers’ technical delivery systems, or private sections of the Services
Making an effort to breach security or authentication protocols or to probe, scan, or test any vulnerability in our network or systems
avoiding, removing, deactivating, degrading, descrambling, or otherwise getting around any technological safeguards put in place to protect the Services by GIMA, our service providers, or any other third party (including another user).
Forging any header information in an email or newsgroup post, or using the Services in any other manner to transmit modified, misleading, or fraudulent source-identifying information
Making an effort to decode, disassemble, decompile, or reverse engineer any software that is used to deliver the Services
Making an effort to evade a suspension, termination, or closure of your GIMA Account or the account of another GIMA user; examples of such actions include making a new GIMA Account or listing Car(s) that are connected to or registered to a suspended, terminated, or closed GIMA Account holder.

ADDITIONAL LEGAL ISSUES

To the greatest extent permitted by law, GIMA has the right but not the obligation to look into, pursue, and attempt to prosecute, litigate, or refer violations of the Agreement to law enforcement.

Any content that GIMA, in its sole discretion, deems to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community may be removed or access to it may be disabled at any time and without prior notice, subject to applicable law. In our sole discretion and without limiting other remedies, we may limit, suspend, or terminate your GIMA Account and access to the Services, remove hosted content, reject a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services if we believe you are abusing GIMA, our users, or any other person in any way or violating these Terms. Furthermore, to the fullest extent allowed by applicable law, we reserve the right, at our sole discretion, to deny or terminate your access to the Services.

When a problem occurs, we may apply our Policies considering the particular circumstances and the user’s past performance. At our sole and absolute discretion, we may decide to be laxer in enforcing policy in an attempt to do the right thing.

You consent to GIMA using electronic means (such as email, GIMA messaging, app alerts, or electronic mail) to contact you in place of any need for mailed notices. You consent to us occasionally contacting you at your phone number(s) via text message or autodialed or prerecorded message calls in order to reach you more effectively. These calls or texts could be sent, mostly, to verify your registration, send notifications about your GIMA Account or activity, look into or stop fraud, retrieve an unpaid debt, or deliver urgent messages. Your phone number(s) may be disclosed to service providers under contract with us so they can help us pursue these interests. Without your permission, we won’t give your phone number or numbers to outside parties for their own use. There may be standard text, data, and phone minute fees. You have the option to withdraw your consent in cases where GIMA is required to get it before sending you such communications.

You give GIMA and our service providers permission to record or monitor any phone calls or online chat sessions that you or anyone acting on your behalf has with GIMA or its representatives for quality assurance, training, or other uses, without further notice. You acknowledge and consent to the possibility that GIMA may record, listen in on, or overhear your communications. If you would like not to have your call recorded, please send us a written message at info@gima.com.

The Parties undertake not to do anything that might damage the other Party’s reputation or that could reasonably be anticipated to result in unwelcome or adverse publicity for either Party.

GIMA does not provide insurance to hosts or visitors; it is not an insurance firm. Plans for guest and host protection offered by the Services are unrelated. In order to receive the advantages of a protection package, both hosts and guests need to abide by these Terms.

TERMS AND CONDITIONS FOR GUESTS

If you reserve a car using the Services, the following clauses also apply:

As a guest, you guarantee that you will drive legally and that you will produce a valid driver’s license for the host or through the services. You agree to take good care of the car and any applicable extras, return them on schedule, and essentially in the same condition that you recieved them in, and make every effort to do so. The car you reserved cannot be driven by anyone else except the individual designated as an Approved Driver in the trip details.

QUALIFICATION

You must be 21 or older to book a trip in the US. We apply the following additional age requirements, and fees based on your age at the time you book a trip, not the age you’ll be when the trip takes place.

Additional information for young drivers in the US

If you’re 21–24, you’ll pay a minimum young driver fee of $30/day

GEOGRAPHIC

Taking a vehicle out of State is not permitted. Vehicles can only be driven within the state of rental, otherwise a fine of $1000.00 + $0.75 per mile will be applied.

FINANCIAL LIABILITY

Regardless of who is proven to be at fault, the guest who made the reservation (the “primary guest”) is financially liable for any theft or physical damage to a reserved car that happens during a trip, as well as any additional expenses and fees. Regardless of whether the principal guest possesses personal auto insurance or not, this obligation still stands.

Primary guest own auto insurance plans may protect them against harm to the reserved vehicle. When you reserve a car through GIMA, you understand and agree that in the event that damage is sustained to the reserved vehicle during the scheduled trip, you will cooperate with GIMA to file a claim for reimbursement under any applicable insurance policy.

By selecting a protection package on the Services, the primary guest can reduce the amount they will have to pay out of pocket should the rented car sustain damage during the scheduled trip. The amount that a primary guest may be required to pay out-of-pocket under any protection plan is limited to two things: (1) physical damage that is not mechanical or interior damage; and (2) primary guest and any approved driver compliance with these terms.

PROTECTION FROM LEGAL LIABILITY AND AUTO LIABILITY INSURANCE

Depending on numerous criteria including relevant regulations, where the guest books the vehicle, and/or where the accident or damages occur, the guest’s own auto policy will take precedence over the auto liability insurance or protection given with each trip.

UTILIZATION OF THE CAR

When you reserve a car through the Services, you agree to use it exclusively for your own use and not for any business use (such as transporting other people for a charge, like using Uber or Lyft, or delivering food or other packages), unless you receive prior, in writing, permission from the GIMA Legal Department or as otherwise specified here. Before the journey begins, you are not permitted to access a vehicle, and you have to return it on schedule and to the right place. You have to show the host your current, legitimate driver’s license. When using the car, you have to drive it carefully. You must always drive the car safely and in accordance with all existing regulations, which include, but are not limited to, speed restrictions and laws against driving while intoxicated or distracted. Should GIMA have any reservations regarding your usage of a vehicle, GIMA reserves the right to end your trip whenever it sees fit and demand that the car be returned, including retrieving the vehicle on the host’s behalf.

It is mandatory for you to put on seat belts when operating the vehicle and to make sure that all of your passengers do the same. You must also abide by any laws or rules pertaining to child safety seats and other safety measures. It is forbidden to leave the car unlocked or the keys loose (in the ignition, for example). You agree not to utilize any vehicle you reserve using the Services for any unlawful purposes. The list of restricted uses is not intended to be all-inclusive. If you have any concerns about your planned use, please contact info@gima.com. If you abuse a car, you’ll be solely liable for all associated losses, damages, or claims. In addition, guests understand that using a vehicle in an improper way or otherwise breaking the terms of the agreement may result in the cancellation of any comprehensive, collision, or other protection plans, as well as a reduction in available liability coverage to the legal minimum limits.

Cars reserved through GIMA may be equipped with features or an onboard gadget that continuously records the vehicle’s condition while traveling. The condition of the vehicle, damage and accident records, performance, operation, and diagnostic data, as well as data on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information, are just a few examples of the non-personal information that the features or on-board device may collect. The terms and conditions posted by the technology provider, or the vehicle manufacturer govern the use of the on-board device and its features. These terms and conditions may include limitations on the use of the system and services, warranty exclusions, liability limitations, terms of the wireless service provider, privacy practices, descriptions of information sharing and use, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. In exchange for your release of the host, you also agree to indemnify, defend, and hold harmless the host, the operator of the features or on-board devices, wireless carrier(s), and other suppliers of components or services, along with their respective employees, officers, directors, and agents, from any damage (including incidental and/or consequential damages) to people or property resulting from the features or on-board device failing to operate as intended or from any other situation arising from the use of the feature or passengers.

CONDITION OF THE VEHICLE

You understand that third parties own the vehicles. Each host is responsible for complying with all legal requirements including ensuring the vehicle is registered and insured and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, GIMA, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. Please do not use the vehicle if, following your initial inspection, you determine that it is unsafe to drive.

NO RESPONSIBILITY FOR SHARED VEHICLES OR PERSONAL BELONGINGS

You agree that beyond our policies requiring hosts to make sure their vehicles are in safe and operational condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (i.e., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise meet our eligibility requirements, GIMA is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report). You also acknowledge and agree that neither GIMA nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

REPORTING INCIDENTS

If you used the Services to schedule your trip, you have to notify GIMA right away of any damage to the car you are driving, you are also required to report any collisions to the police. You must make every effort to obtain testimony from any witnesses who may be present, as well as give GIMA or third-party claims administrators a written account of the incident and any other information that may be requested, such as the names and insurance details of any parties involved in the incident. Additionally, you must participate in any loss investigation carried out by insurers, third-party claims administrators, or GIMA. You are not permitted to use the car after an incident involving any kind of damage greater than a small dent or scratch without the express consent of GIMA. Any protection plan obtained via the Services may be diminished or rendered void if an event is not reported promptly or if cooperation with an inquiry is not given.

THEFT OF VEHICLE

law enforcement may report the car you’ve reserved as stolen, which could lead to an arrest for you and any other drivers, as well as civil and/or criminal penalties If you engage in the following behavior,:

If you don’t return the car you reserved to the host at the time and location specified in your reservation or that you agreed upon with them
If you fail to return the car by the end of the reservation period and you haven’t correctly used the Services to request an extension of the reservation as outlined above
If the car is returned to a location other than the one specified on the reservation or that was decided upon in consultation with the host. The guest is liable for any loss, theft, or damage to a vehicle that happens before the host inspects it when it is returned at the conclusion of the reservation.
If you give the host false information about the reservation, usage, or control of the car
If the car is stolen or damaged when it is left running, unattended, or with the keys not secured during the reserve period
If you neglect to provide a complete report of any accident or vandalism involving the car to the host, police, GIMA, or other authorities, or if you refuse to cooperate in any way during the accident or vandalism inquiry
If someone is driving the car under false pretenses, with a fake name, address, or a driver’s license that has expired during the reservation period; if someone has the keys without the host’s consent; or if someone has misrepresented or withheld information from the host or GIMA regarding the reservation, use, or operation of the car

Any fees for a private investigation that GIMA determines are required to retrieve a vehicle that is not returned are the responsibility of the main guest who made the reservation. Furthermore, in the event that a vehicle is not returned and GIMA or the host has to report it as stolen to the police, a $500 case administration fee will be charged to the main guest.

If a vehicle reserved through the Services is not returned before the end of the reservation, is discovered to be unlawfully parked, appears to have been abandoned, or is used in violation of these Terms or applicable law, GIMA, a hired agent of GIMA, or the host may reclaim the car without requiring payment from the guest.

In the event that a car you reserved through the Services disappears or is stolen during the reservation period (or extension period), you have to give the host back the original ignition key right away, report the theft or lost to the police as soon as you find out, but no later than 12 hours later, and assist the host, law enforcement, GIMA, and other authorities in any way possible with the investigation.

SMOKING VIOLATION

No smoking policy violation fee –Neither you nor your passengers may smoke in any vehicle on Turo. If your host provides physical evidence of smoking, we’ll charge you a $200* violation fee plus an additional 3% processing fee.

PARKING, SPEEDING FINES OR ANY FINES

It is the guest’s responsibility to pay parking and speeding fines – or any fines incurred during the trip. Please make sure all fines are paid to avoid any added charges.

ADDITIONAL DISTANCE FEE

Miles’ limit may be included with the duration of the rental trip. Additional distance fee will be charged if the total miles allowed for the rental is exceeded. Additional distance fee for each mile driven beyond your included daily distance is calculated by dividing your daily price by your daily distance included.

LOSS OF VEHICLE KEYS

In the event of the rental vehicle’s keys being mislaid, lost, or stolen, the guest will be charged the total cost to replace the missing keys and reprogramming of central locking key fob if required. A quote from the car’s manufacturer will be obtained and the guest will be responsible to pay the full amount to replace the key. At the host’s discretion, there might be a fee incurred to deliver spare keys.

TERMS AND CONDITIONS FOR HOSTS

If you use the Services to share your vehicle, the following clauses also apply:

HOST OBLIGATIONS

As the host, you guarantee that the car will be secure, properly registered, insured, have up-to-date license plates, a clean title that isn’t salvaged, branded, or written off, and be in good mechanical working condition. Only guests who are identified on the Services as Approved Drivers for the trip will receive such a vehicle from you on time. At check-in, you won’t get any information or paperwork from your guest other than what’s needed to verify their driver’s license, which doesn’t include their personal auto insurance. You promise to keep your listings accurate and comprehensive, and to uphold all promises made therein, including sticking to the price you gave a guest. You won’t compel a guest to accept a more expensive car or push for an unwelcome car upgrade in the event of a vehicle swap. You will never refuse to honor a reservation in order to get a better deal from a customer. You will not make any offers for any car or optional extra that you do not own, are not authorized to share, or that cannot be shared for payment under the terms of any third-party agreement, including but not limited to a financing or leasing arrangement. If your car is covered by a loan, lease, or other financing arrangement, you have to be sure that sharing your car on GIMA doesn’t conflict with the conditions of the lienholder’s contract. You promise not to provide any Extra that isn’t appropriate, and safe for the use for which it was designed. Any vehicle that is the subject of a report of stolen or missing is must not be offered. If a vehicle is the subject of a safety recall, you will not offer it until the recall-related issue has been adequately resolved. You won’t provide a car that isn’t roadworthy, or “street legal,” at the shared location, and it won’t have any unauthorized modifications made to any of its parts. You will take out any guns or other weapons from your car before giving it to a guest. You shall make timely and complete loan repayments associated with your GIMA business. You grant GIMA a limited power of attorney to access the third-party services and retrieve your account information when you instruct GIMA to do so. GIMA will act as your agent and not on behalf of the third party. This includes, but is not limited to, toll agencies.

DETAILS ABOUT THE CAR PROVIDED AT LISTING

You will designate the vehicle that you wish to list for sharing via the Services when you sign up for GIMA. Every car needs to fit the specifications listed here. The Services may only be used in relation to vehicles that you own or for which you otherwise possess all required authorizations to share information in exchange for payment. You agree to abide by the rules for tracking and technological devices as well as any applicable laws if the vehicle you advertise on the Services is equipped with an OEM technology or device that can collect telemetry data, locate the vehicle, disable technology, or take pictures.

The vehicle being listed by you must meet the following criteria:

It should be no more than 13 years old; and

have accumulated less than 130,000 miles on its odometer.

EXCLUSIVE LISTING ON THE SERVICES

Any car you list on the Services must be listed exclusively on the Services. No other car-sharing marketplace allows you to post any vehicle you plan to share on the Services. If this requirement is not met, GIMA reserves the right to impose fines, penalties, deny physical damage claims, remove the car from the Services, close the account, or take other appropriate action.

GIMA might provide hosts with the opportunity to hire photographers to take pictures of their cars and/or hosts driving their cars (“Images”). The only person who may use the Images in connection with your GIMA listing is you, and you commit to stop using them as soon as you determine that they are no longer an accurate representation of your car. Regardless of whether you include the Images in your listing, you acknowledge and agree that GIMA is the sole and exclusive owner or, to the extent permitted by applicable law, the exclusive licensee of all rights, title, and interest in all copyrights, trademarks, and other intellectual property rights, including the right of publicity, worldwide. You further agree that you will not contest or raise any objections to the legitimacy of GIMA’s ownership or registration of the Images. You agree that GIMA may, without additional permission or payment, use the Images for marketing, promotion, commercial, and other business objectives in any media or on any platform, whether or not they are related to your listing. You also give up any and all moral rights and royalties you might have in the Images. By utilizing the GIMA photography program, you consent to refrain from using the images in conjunction with vehicle sharing on any other website, application, or platform. You will sign documents and do other actions at GIMA’s reasonable request in order to help GIMA obtain, protect, and preserve its intellectual property rights and other legal rights pertaining to the Images.

ACCESSIBILITY OF VEHICLES

After a journey is scheduled, you have to either make the car available to the guest or deliver it as promised. If you give the guest the opportunity to pick up your car at a regularly scheduled place, you have to give GIMA an accurate location for the vehicle and make sure it is there when the reservation period starts. Before giving a potential guest access to your car, you must confirm that they have a valid driver’s license, that their name matches the reservation, and that the person picking them up looks like the person in the photo on a valid driver’s license in order for them to be eligible for the various protection plans.

COST, PROFITS, AND DISBURSEMENTS

GIMA will not charge a listing fee of services from the host. The price of the car will be up to you to decide upon and alter as needed. When guests reserve your car, GIMA will pay you the whole amount received, less any relevant costs that must be paid to GIMA. The host agrees to be charged twenty percent (20%) of the gross transaction of each booking procured from the services of GIMA. All payments to the host shall be paid no more than 3 days after completion of the trip. Here is a description of the fees. If you owe money to GIMA or any other third-party lender for any reason, GIMA additionally maintains the right to charge any of your registered payment methods, debit your bank account, and/or send you an invoice in addition to deducting such amounts from your earnings payment.

PROCESSING OF PAYMENTS

The Stripe Connected Account Agreement, which also contains the Stripe Services Agreement (together, the “Stripe Terms”), governs Stripe’s provision of payment processing services. Additionally, you acknowledge that GIMA is not responsible if Stripe processes a payment incorrectly or late. In exchange for GIMA granting access to your Stripe Connected Account for the purpose of facilitating car sharing, you grant GIMA permission to access and use your account as needed. Furthermore, you consent to giving GIMA correct and complete information about you, and you grant GIMA permission to share that information with Stripe together with transaction data in order to support Stripe’s payment processing services. GIMA retains the right, at its sole discretion, to change payment processing providers.

ADDITIONAL DISTANCE FEE

Once you request reimbursement, your guest will be charged an additional distance fee for each mile they drive beyond your included daily distance. The additional distance fee is calculated when the trip is booked by dividing your daily price by your daily distance included. Keep in mind that any discounts will impact the additional distance fee calculation.

How it’s calculated:

Daily price/daily distance included = additional distance fee

Per your policy, you’ll receive 80% of this fee.

AIRPORT DELIVERY; RULES ON THE POOLING OF PERSONAL VEHICLES

Certain airports that provide delivery services could insist that you obtain a permit in order to enter the premises and pay any associated costs. Not all airport authorities share GIMA’s opinion that rental car permits should not be applicable to peer-to-peer car sharing.

It is your responsibility to frequently inspect your car for operational or safety flaws. You guarantee that your car will always be in good mechanical order, safe and roadworthy, and fully compliant with all applicable inspection and registration requirements, including any necessary safety checks. Vehicles with a clear, un-salvaged, unwritten-off, washed, and branded title will be listed. Before permitting your car to be booked, you agree to respond to any applicable recall or similar safety notices and to finish all advised actions. Furthermore, GIMA retains the right to warn you and to withhold listing your car until its concerns are addressed if it feels that your vehicle does not meet acceptable criteria. GIMA may take measures to guarantee the security of vehicles reserved through the Services, but it makes no guarantees in this regard.

TOOLS FOR CO-HOSTING AND HOSTING

Co-hosting tools are a collection of resources made accessible by the Services that let hosts group their Co-hosts into teams and provide them the ability to take care of one or more vehicles. A “co-host” is any individual that a host collaborates with to manage their vehicles, such as friends, family, coworkers, or other GIMA hosts; “co-hosting services” refers to the help and support that Co-hosts offer on a host’s behalf.

By inviting a Co-host to join a hosting team, you affirm that, to the extent permitted by the co-hosting tools, each such Co-host has your authority to act on your behalf and bind you. You are in charge of each Co-host’s permissions and the power you provide them to use the co-hosting tools for a car listing.

Your own actions or inaction are your responsibility. You bear the fullest legal responsibility for the actions and inactions of your co-hosts while they are providing you with services, to the degree permitted by applicable law. Laws, rules, and regulations pertaining to the co-hosting services must be complied with by you. These could categorize a co-host as an employee of a host, or they can mandate that you get a permit or license before offering services. You guarantee and indicate that you and your collaborators possess all required licenses, permits, and/or insurance.

An employment, agency, or other service relationship is not formed between GIMA and any host or co-host by any arrangement between them. No agreement made by the host or co-host may contradict the Agreement, increase GIMA’s responsibilities, or limit GIMA’s rights under the Agreement. GIMA is not responsible for your behavior and is not required to arbitrate conflicts between hosts and co-hosts. To the extent allowed by law, GIMA disclaims all liability resulting from or linked to any agreement between hosts and co-hosts.

Any Co-host may be removed from a hosting team at any moment by the hosts. Co-hosts have the option to leave a hosting team at any moment. If you do not provide GIMA with the most recent required paperwork on your relationship with Co-hosts, such as social security or tax declarations, on request, GIMA has the right to withdraw any Co-host from a host team or to cancel access to the Co-hosting services. When a co-host is removed, you are still accountable for whatever they did before they were removed.

REPORTING DAMAGE TO VEHICLES

Should you choose to accept a protection plan offered through the Services and you think a guest may have damaged your car, you must report the damage as soon as you find out but no later than 24 hours after the trip is supposed to end and cooperate fairly with the investigation team in order for the damage to be covered. GIMA or third-party claims administrators will reasonably ascertain, based on the inquiry, whether the damage happened during the reservation period and is covered. Should that be the case, and you choose not to reject a protection plan offered through the Services, you will receive payment for the loss in the ways outlined in the sections that follow. We might not be able to identify the reason if GIMA is not provided with the timely notice outlined herein, or if you do not cooperate reasonably with GIMA’s or third-party claims administrators’ inquiry. You acknowledge that in that scenario, we are free to refuse any payment or insurance coverage for such damages.

PHYSICAL HARM TO YOUR CAR

The allocation of financial implications resulting from physical damage to a host’s vehicle during a trip is covered by the protection policies supplied to hosts. Subject to conditions and exclusions, GIMA’s physical damage contractual reimbursement covers your car in the event of an accident and other significant incidents while traveling.

In the event that GIMA or third-party claims administrators decide to pay you the vehicle’s actual cash value, you will have to do one of the following, at GIMA’s sole discretion, in order to get payment: either (1) transfer ownership of the vehicle and, if requested, physically deliver it to GIMA or a third party that GIMA has designated to accept title and delivery (if applicable); or (2) keep ownership of the vehicle and agree to have the actual cash value reduced to the vehicle’s salvage value, which will be based on the highest third-party salvage quote that GIMA obtains for the vehicle. The real cash value shall be ascertained in accordance with applicable law and by GIMA or its third-party claims administrators.

EXCLUSIONS FROM COVERAGE AND PAYMENT FOR PHYSICAL DAMAGE

The following are exempt from protection strategies chosen by hosts on the Services:

Extras that you choose not to use or personal belongings, such as equipment racks or aftermarket installations, that are stolen from your car or ruined while traveling. Before allowing a reservation for your car, remove all personal belongings.

NORMAL DETERIORATION OF YOUR CAR

Any protection package you chose will be void if you break the terms of this agreement, these Terms, or any of our policies, or if you list your car on the Services with false information such as representing the brand, model, or year of the vehicle. Under this clause, protection will be nullified even if the underlying circumstances have no direct connection to the harm or damage that is being discussed. You understand that these clauses are important and that their purpose is to make sure you follow the rules. The remaining terms of the Agreement, these Terms, and the Policies shall survive the cancellation of your protection package.

OTHER INSURANCE-RELATED HOST-SPECIFIC ISSUES

Any car you share on the Services must have current, valid registration information and evidence of insurance on file. For any car you list on the Services, you must keep up your personal auto insurance policy, which must also meet any legal minimum insurance requirements. If you share a car that is leased or financed, you could require extra insurance, including physical damage coverage. You consent to give GIMA information about your auto insurance policy upon request and to maintain the accuracy of such information. You hereby designate GIMA or a wholly owned subsidiary of GIMA as your attorney-in-fact, to the extent permitted by law, for the purposes of submitting insurance claims, getting insurance payouts, managing any other matters pertaining to an applicable insurance policy, and/or collaborating with visitors, law enforcement, or private parties to retrieve your car, if needed.

VEHICLE MISSING

Should you have chosen a protection plan through the Services and your car disappears, is not returned, or is stolen during the reservation period (or any extension period), you, the host, are required to get in touch with a GIMA representative right away and adhere to their instructions. This includes helping GIMA, the police, and any other authorities with any matters pertaining to the theft investigation. If GIMA gives you instructions to submit a police report, you have 24 hours to follow those instructions.

COMPENSATION TO THE HOST

If you purchased a protection plan through the Services, GIMA or its insurers will defend and indemnify you against claims for any loss or injury sustained while a guest (or GIMA itself) is using your vehicle, subject to your compliance with these Terms and the Policies, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, as required by applicable law. Regarding any indemnified claim, you agree to promptly notify GIMA or its insurers in writing, grant GIMA complete control over the defense of the claim, and, at GIMA’s expense, provide reasonable assistance to GIMA in its defense of the claim. If you receive payment for all or part of your vehicle from a third party (such as an insurance company) after GIMA or its insurers reimburse you for a lost or damaged vehicle, you are required to reimburse GIMA for any money you receive from that third party in an amount equal to, but not greater than, the funds that GIMA gave you.

TERMINATION

To the extent permitted by applicable law, you may stop using the Services at any time, and GIMA may suspend your access to the Services and delete any listings for any reason or no reason at all. A Party’s access to the Services may be terminated, but it will not free it from any duties it may have had before. GIMA may keep and utilize any information you may have previously given it, including but not limited to photographs. The disclaimers, waivers, liability limitations, and sections relating to legal issues under the Agreement, as well as any unpaid fees, shall survive any termination of the Agreement and shall not be affected in any way.

NO ASSIGNMENT OR TRANSFER OF VEHICLES

Guests and hosts agree that nothing in these Terms represents a real or alleged transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services, unless otherwise specified above.

EXCLUSIVITY

HOSTS AND GUESTS CAN SHARE VEHICLES AND OPTIONAL EXTRAS DUE TO THE SERVICES PROVIDED BY GIMA. WITH THE EXCEPTION OF WHAT IS SPECIFICALLY STATED IN THESE TERMS, GIMA DOES NOT OFFER INSURANCE SERVICES, OR ANY OTHER KIND OF VEHICLE SHARING. IT ALSO DISCLAIMS ALL LIABILITY FOR THE ACTS OR INACTIONS OF ITS USERS, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD-PARTY SERVICE PROVIDERS (SUCH AS THOSE THAT OFFER IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE GIVEN “AS IS,” WITHOUT ANY KIND OF EXPRESS OR IMPLIED WARRANTY. GIMA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING. GIMA DISCLAIMS ANY WARRANTIES ON THE AVAILABILITY, SUITABILITY, SECURITY, AND ERROR-FREE OPERATION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE LISTING, ANY VEHICLE, AND OPTIONAL EXTRAS. REGARDING THE QUALITY OF ANY LISTINGS, CARS, HOSTS, GUESTS, EXTRAS, THE SERVICES, OR ANY MATERIAL, OR THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR TRUTH OF ANY CONTENT ACCESSED THROUGH THE SERVICES, GIMA OFFERS NO WARRANTIES. ANY WRITTEN OR VERBAL COUNSEL OR INFORMATION RECEIVED FROM GIMA, GIMA INSURANCE AGENCY, OR ITS SERVICE PROVIDERS, OR THROUGH THE SERVICES OR CONTENT, WILL NOT ESTABLISH ANY WARRANTY THAT ISN’T STATED HERE EXPLICITLY.

LIABILITY RESTRICTIONS AND WAIVERS

UNLESS OTHERWISE PROHIBITED BY LAW, YOU HEREBY RELINQUISH AND WAIVE ALL RIGHTS YOU MAY HAVE TO BRING LEGAL ACTION OR FILE A CLAIM AGAINST GIMA, ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURERS, OR EMPLOYEES (COLLECTIVELY, THE “GIMA PARTIES”), AND ANY GIMA USER FOR ANY LOSSES OR DAMAGES RESULTING FROM, RELATED TO, OR ARISING FROM THE FOLLOWING: (1) AVAILABILITY OF THE VEHICLE (E.G., NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH THE VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE’S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.

You understand and agree that neither GIMA nor any other party involved in the creation, production, or delivery of the services will be liable for any incidental, special, exclusionary, or consequential damages including lost profits, data, or goodwill, service interruption, computer damage or system failure, or the cost of replacement goods or services, whether based on product liability, contract law, warranty, tort including negligence, or any other legal theory, arising out of or related to the following: (1) the agreement; (2) the services including the listing or booking of any vehicle or optional extra via the services; or (3) the inability to use the services.

GIMA aggregate liability arising out of or in connection with the Agreement or your use of the Services will never exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve months prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the twelve months prior to the event giving rise to the liability, or (2) US$100, with the exception of our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy.

You also release and waive any and all rights to sue or bring claims against any GIMA user for any losses or damages resulting from or connected with your use of the services, unless prohibited by law.

INDEMNIFICATION

In the event that any of the following occur or are connected to any of the following: (1) your access to or use of the Services; (2) your violation of these Terms; (3) your user content; (4) your interaction with any other user of the Services; or (5) your booking of a vehicle or creation of a listing for a vehicle, you agree to release, defend, indemnify, and hold GIMA and its subsidiaries, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses. This indemnity covers, but is not restricted to, any harm, losses, or damages that arise from reserving, using, or sharing a car or optional extra. An essential component of the agreement between GIMA and you is this indemnity clause. To the degree allowed by relevant law, it will apply. If any part of it is found to be unenforceable, the remaining portions will continue in force.

REMEDIES

You understand that it is challenging to determine the precise amount of actual damages that could arise from any of the following breaches of the Agreement, and that GIMA may find it challenging to provide conclusive proof of such damages. (1) using the GIMA domains, trademarks, or taglines without obtaining permission from GIMA; this includes, but is not limited to, registering website domains or social media handles or placing bids on online advertising key words; (2) bringing legal action or pursuing claims against GIMA or a user in any way that is forbidden or waived herein, (3) If, as a host, you share your car through the Services without having the most recent registration documents in it or with stickers that have expired, (4) in the capacity of a host, providing any car that is the focus of a report about a stolen or missing vehicle, (6) providing a car to a guest or releasing one that is not roadworthy or in any other dangerous condition as a host, (7) cancel or alter a trip as a host in order to influence the cost or possible profit for a car; or (8) open or use a GIMA account in a way that evades GIMA’s suspension, termination, or closure of another GIMA account. For each breach in liquidated damages, you will reimburse GIMA with $5,500 in order to make up for any such behavior. This sum is not meant to serve as retaliation for any such violation; rather, it is meant to serve as a fair approximation in situations when it is challenging to precisely quantify and/or verify actual losses. The foundation of the agreement between GIMA and you is this liquidated damages clause. To the degree allowed by relevant law, it will apply. If any part of it is found to be unenforceable, the remaining portions will continue in force.

GOVERNING LAW AND ARBITRATION

This agreement shall be governed by the laws of the State of Minnesota, USA. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the County of Ramsey. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, or award punitive damages. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Minnesota. Each Party necessitating arbitration shall pay their own costs and fees.

RELATIONSHIP

GIMA does not create any kind of legal partnership or joint venture, nor does it designate you or any other user as its employee, agent, or mandate. Unless otherwise specified by the Services or in these Terms, you are not permitted to make any commitments on behalf of GIMA, and GIMA will not make any commitments on your behalf.

HEADINGS

Headings do not restrict the scope of a section; they are merely there for reference.

ASSIGNMENTS AND AMENDMENTS

You may not assign your legal responsibilities or transfer any of your rights, in whole or in part, to any other person without first obtaining the prior written approval of GIMA, with the exception of designating a custodian to oversee your cars on your behalf. In any case, you will still be liable for your duties under this agreement. Any amendment or waiver of any provision of the Agreement must be approved in writing by a director or officer of GIMA.

ENTIRE AGREEMENT

All previous verbal or written communications between us are superseded by the Agreement, which includes these Terms, and is the whole understanding between you and GIMA regarding your access to and use of the Services.

CONTACT US

GIMA, LLC,

2136 Ford Pkwy #5260, Saint Paul, Minnesota 55116, USA
E-mail: info@gimallc.com
Phone Number: +1 866-728-9428

EFFECTIVE DATE: 17th day of October 2023