Last revised: Nov. 3, 2017
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
TKX reserves the right, at our sole discretion, to modify our Products and Services or to modify these Terms at any time. It is the sole responsibility of the User of TKX services to adhere and comply with TKX published Terms. Continued use of the Services indicates your explicit acknowledgement and approval of our most currently published Terms.
Eligibility and Use. The Services are intended for legally licensed drivers twenty-five (25) years of age or older. TKX Services are not available to any unregistered, terminated, or disqualified persons. You represent and warrant to TKX that: (a) you have the legal right to enter into this Agreement and to use the Services; (b) your activities with TKX will not violate or infringe upon anyone else’s rights; (c) your activities with TKX do not violate any local, state or federal laws and (d) you will comply with all applicable laws and regulations.
Registration. To register to use the Services, you will need to apply to create an account using our registration process and provide all information and documentation we request (e.g. your current automobile insurance, your valid Driver’s License, form/s of payment, etc.). You agree to provide complete, current and accurate information to TKX. TKX will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize TKX to request, receive, use and store such information. TKX has the right to approve, reject, or disqualify any proposed account in its sole discretion. You will need to select a password if you open an account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and account, including, without limitation, any use by any unauthorized third parties. You must notify TKX immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify TKX immediately if you become aware of any other breach or attempted breach of the security of your account or the Services. We have no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
On-Going Information Updates. Registered users of TKX Services are required to provide and maintain the most current and accurate information to TKX. This information includes, but is not limited to any changes to your contact information, vehicle insurance, vehicle registration etc. TKX may deliver notices to you at the most recent email, phone and/or billing address provided by you, and those notices will be considered valid and enforced even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all activity that occurs through your account.
Site. TKX provides a Web Site, Mobile Applications and Application Plug-Ins (“Site”) designed to deliver, transact and/or make available the Services offered by TKX. Except as expressly provided in this Agreement, TKX and the applicable vehicle owner do not intend to assume liability with respect to your use of the TKX marketplace or the applicable vehicle(s) available through the TKX marketplace (“Vehicles”).
Regulation. Certain Services are governed by applicable law and regulation (collectively “Regulation”). In particular, if you are a California resident, there is personal vehicle sharing legislation (California Insurance Code Section 11580.24) that applies to you; more information is available in our Rent to Drive Terms.
Use; Prohibited Conduct. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for the purposes that we intend. Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not: (a) reproduce, distribute, display, create derivative works of or transmit the content of the Site; (b) use the Site or Services commercially (for example, as part of a service bureau), for benchmarking, or to compile information for a product or service; (c) modify or translate any part of the Services or Site; (d) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site, or otherwise attempt to obtain source code; (e) attempt to bypass, modify or defeat any of the security features of the Site; (f) remove or alter any copyright, trademark or other proprietary notice contained on the Site; (g) interfere with or damage the Site or our servers; (h) impersonate or misrepresent your affiliation with a person, entity or organization; (i) attempt to obtain any materials or information not intentionally made available through the Site by any means; (j) collect, manually or through an automatic process, information about or of other users or the Site; (k) submit false or misleading information to us or post material that violates, misappropriates or infringes a third party’s intellectual property or other rights; (l) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site and/or Services; (m) frame, inline link, or similarly display the Site or any portion of the Site; or (n) assist or encourage any third party in engaging in any activity restricted by these Terms. TKX reserves the right, but has no obligation, to monitor your use of the Site and Services for compliance with these Terms.
User Terms. Any person or legal entity who utilizes the TKX Site or the TKX mobile app to register, browse vehicles, search for vehicles, research vehicles, request a vehicle, reserve a vehicle, or cancel an initiated reservation for one or more vehicles offered by TKX, you will be a “User” of the Services and additional terms will apply to you and your use of such vehicles. The applicable terms vary depending on your intended use of each vehicle. Please see the User and Owner sections for additional information.
Owner Terms. If you offer your vehicle for Use through the TKX marketplace or the TKX mobile app, you will be an “Owner” for purposes of these terms. The Owner Terms provide additional terms of your use of the TKX marketplace.
Compliance Matters. You agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements. You also promise to maintain any proof of insurance in your vehicle during every usage period, as requested by TKX. As part of your participation in the marketplace, you must maintain your own insurance policy and meet any minimum insurance levels required by Local, State & Federal laws applicable to the permissible Usage locations. You agree to provide TKX with information regarding your policy’s coverage as may be requested from time to time. You must inform TKX promptly in the event information previously provided changes.
Payment. You agree to pay all fees and other charges for the Services as and when due. Current prices are set forth in our Fee Schedule, which is subject to change. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. You authorize us to charge your credit card for amounts due under this Agreement, and we reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:
Disclaimer of Warranty and Limitation of Liability. This Agreement describes all of TKX’s obligations in the event of any loss or damage resulting from your participation in the marketplace. The terms below apply, unless expressly contradicted by Regulation or terms applicable to particular Services, in which case such Regulation or terms will apply.
TKX PROVIDES A MARKETPLACE (TKX SERVICES) THAT ENABLES VEHICLE SHARING BETWEEN VEHICLE OWNERS AND REGISTERED USERS. TKX DOES NOT PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, VEHICLE OWNERS, THE VEHICLE MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE TRACKING OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS,” AND TKX DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE VEHICLES AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH TKX, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TKX MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE AND USE OF ANY VEHICLES THROUGH THE MARKETPLACE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TKX OR ITS AGENT OR REPRESENTATIVES WILL CREATE ANY EXPRESS WARRANTY. TKX MAKES NO GUARANTEES REGARDING THE AVAILABILITY, QUALITY, OR CHARACTERISTICS OF ANY VEHICLES.
IN NO EVENT WILL TKX BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, INCLUDING WITHOUT LIMITATION, CLAIMS FOR LOSS OF GOODWILL OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TKX’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO TKX WITHIN THE 12 MONTHS PRECEDING THE DATE THE CLAIMS ARE BROUGHT UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Indemnity. You agree to defend, indemnify and hold harmless TKX, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties:
No License. The TKX Site contains copyrighted material, trademarks, and other proprietary information, all of which are individually and collectively protected by copyright laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the TKX Site, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All of the content presented through the TKX Site is owned by TKX or its licensors. All rights are hereby expressly reserved.
User Content. We will not have any obligation to hold in confidence any ideas, questions, reviews, comments, suggestions or other content (collectively, “User Content”) that you submit or post to the Site or otherwise provide to us. By sharing, submitting and uploading any User Content, you grant TKX a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, and create derivative works from, your User Content in any legal manner for the benefit of TKX. You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted in this Section. You also grant us the right to use and display the name that you submit with any User Content in connection with such User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant TKX the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or TKX’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We have the right to remove or edit any User Content for any reason or no reason at all.
Infringement. Since we respect artists and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the TKX Site, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the TKX Marketplace;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disputes. If you have any dispute with us, you agree that before taking any formal action, you will contact us at 9401 Wilshire Blvd., STE 500 Beverly Hills, CA 90212, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
This Agreement, your use of the Services, and any other matter relating to TKX will be governed by the laws of California, without regard to conflict of laws principles.
This Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Agreement and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in Los Angeles, California. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
First, if we reasonably believe that you have in any manner violated or threatened to violate this Agreement, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
General. This Agreement states the entire understanding between you and TKX concerning your participation in the marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of TKX. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, it will be modified to be enforceable to the maximum extent permitted by law (or severed if modification is impermissible) and the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by TKX. TKX’s failure to exercise any right under this Agreement will not constitute a waiver of any other right TKX may have. This Agreement, and any rights or licenses granted hereunder, may not be assigned or delegated by you. This Agreement, and any rights or licenses granted hereunder, may be assigned or delegated by TKX without restriction. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns. You and TKX are independent contractors. There are no third-party beneficiaries of this Agreement. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. This Agreement will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation,” unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.’
Severability: In the event any provision or part of this Terms of Service is found to be invalid or unenforceable, only that particular provision or part so found, and the entire Terms of Service, will be inoperative.
Notices. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
Turnkey Xchange Enterprise, Inc.
9401 Wilshire Blvd., STE 500
Beverly Hills, CA 90212
This User Policy provides the terms applicable to you, if you access Vehicles through the Services (i.e., you are a User).
Fees and Losses. No Refunds. You are responsible for paying all Fees when they come due in connection with your use of the Services. You authorize TKX to charge the payment card (listed in the Your Account section of the marketplace) for all amounts due, including but not limited to, Security Deposits, Processing Fees, Excessive Usage Fees, Fuel, Cancellation Fees, Late Pickup Fees, Late Return Fees, Cleaning Fees, Valet Fees, Insurance Deductible Fees, Vehicle Damage Fees, Citations and Violations, and Usage Fees as calculated by the Vehicle daily price multiplied by the number of days requested for the reservation. For a period of up to 90 days after you return the Vehicle, you authorize TKX to charge the payment card for any violations, and related damages and processing fees, that arise after your security deposit is refunded, pursuant to Sections 7 and 11 below. All of these fees are non-refundable.
Security Deposit. A “Security Deposit” based on the replacement value of the vehicle, as we specify in connection with each use, is required on all Vehicles. The Security Deposit will be used to cover any costs or fees beyond the scheduled Usage Fees that may occur while you are using the Vehicle, including any damage-related fees or insurance claims. You authorize TKX to place a “Hold” on your payment card up to 7 days prior to the day you are scheduled to pick up the vehicle. Once the Vehicle has been returned and has been inspected as required by this Agreement, the full amount of your deposit will be released back to you within 24 hours if there are no incremental costs, penalties or Fees (see Fee Schedule) beyond the scheduled Usage Fees. In the event you incurred additional fees or charges, you authorize us to [deduct from your deposit] OR [charge your payment card for] any additional fees or charges due as provided in this Agreement or other amounts that you owe TKX, and we will release the remainder of your deposit, if any, to you within [24 hours].
Cancellation. If you have made a reservation and decide to cancel within 7 days prior to picking up the Vehicle, you will be charged a Cancellation Fee. If you cancel within 48 hours of your reservation, you will be charged the full amount of the Vehicle daily price multiplied by the number of days requested for the reservation. If you fail to pick up the Vehicle at or before the scheduled pick up time, you will be charged a Late Pickup Fee. If you fail to return the Vehicle by the scheduled return time, you will be charged a Late Return Fee.
Use of the Vehicle. You may not access a Vehicle until the beginning of your usage period (the period between the time when the Vehicle chain of custody moves from the Owner of the Vehicle or his designated Proxy to the User AND when the time when the Vehicle chain of custody moves back to the Owner of the Vehicle or his designated Proxity from the User). Vehicles are not for any commercial purposes, (e.g. running a taxi service, sub-lease, etc.). Any commercial usage requires a separate pre-approved contract with TKX and the commercial entity. Each vehicle secured or contracted through TKX includes a fixed or “included” number of miles for usage per day. Additionally incurred miles per day will be charged an excessive usage fee per mile unless otherwise stated. No Vehicle may be driven or moved by any means out of the state of California. You must exercise exceptional care in your use of the Vehicle. You must comply with all applicable laws, rules, and regulations during your use of the Vehicle. Without limitation, you and your passengers are required to wear seatbelts during the operation of the Vehicle. You may not use the Vehicles for any negligent, abusive, abnormal, unsafe manner or violate any California DMV regulations.. You agree not to engage in competitive driving or racing; carry passengers other than in the interior or cab of the Vehicle; carry passengers or anything else in excess of the capacity of the Vehicle; use the Vehicle to push, propel, or tow another car, trailer, or any other thing; or engage in illegal or dangerous activities. You agree to drive and park with reasonable care. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. We may otherwise publish a list of “Prohibited Uses” of any Vehicle used through TKX. If you have any concerns about your planned use, please contact us at firstname.lastname@example.org prior to reservation or the commencement of your rental. You will be fully responsible for any claims, loss, excessive wear or damage related to your misuse of a Vehicle. Users also acknowledge that using a Vehicle in a prohibited manner may lower the User’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection. Only the person who has been authorized by TKX for the usage period may operate the Vehicle and the person may not let others operate the Vehicle. Operating a Vehicle in any competition or speed exhibition is strictly prohibited.
Care & Cleaning of the Vehicle: During the Usage Period, extreme care shall be given to both the exterior and interior of the Vehicle. At no time shall the Vehicle be Cleaned by machine or automated washing. Only hand washing by detailing professionals is permitted. Simple wipe downs of the vehicle must be performed using products provided by the Vehicle Owner. If no cleaning products were provided by the owner, then the User must use clean premium grade microfiber cloths along with a high grade Quick Detailing spray (i.e. Meguiar’s, Griot’s, Chemical Guys, Mother’s etc.). Bird droppings MUST be removed immediately as they can permanently damage the surface of the paint. No harsh cleaning products may be used on the vehicle, wheels or interior at any time. When cleaning the glass or mirrors only non-ammonia based glass cleaner may be used.
Authorized Users: You understand and agree that, should you permit someone else who is not authorized to operate a Vehicle during the usage period TKX reserves the right to cancel your reservation and you understand and agree that you are solely responsible for any damage, loss, claims, and liability arising from actions taken by such person including, but not limited to, damage of Vehicle and any third party actions and agree to indemnify the Owner and TKX for any losses that might occur as result of the non-authorized user’s operation of the Vehicle.
Termination of Use. TKX may terminate your reservation or use of a Vehicle at its discretion at any time and require the return of the Vehicle, including recovering the Vehicle on behalf of the Owner. If such termination is the result of your suspected breach of the Agreement, you will be charged all applicable fees, including the full cost of your reservation. If it is for other reasons, we will refund a pro-rata, unused portion of any pre-paid fees.
Return. You must return the vehicle on time and to the pre-designated location as outlined by the Owner prior to the end of the usage period or as otherwise communicated to you by TKX. Your Vehicle must be returned with a fuel level equal to or greater than the level at the start of the usage period. Fuel grade must have an octane rating equal to or greater than 91.
Condition of the Vehicle. You understand that, unless otherwise specifically noted, the Vehicles offered though TKX are owned and maintained by the Vehicle Registered owners and are NOT owned or maintained by TKX. The User and Owner are required to complete a visual inspection of the reserved Vehicle before the User begins use of the Vehicle. The User and Owner shall jointly agree and document any pre-existing damage and excessive wear for which the User shall not be liable. If the User finds damage during the inspection of the Vehicle prior to the usage period and fails to report it, TKX may assume that the damage occurred during the usage period. Unless limited by state law, TKX holds the User responsible for damage to, or loss or theft of, the Vehicle including any part of optional accessory, regardless of fault or negligence. The User shall pay the amount necessary to repair the Vehicle. If the Vehicle is stolen and not recovered, or determined to be salvage, the User shall pay the retail value of the Vehicle immediately preceding the loss. Unless prohibited by law, the User is also responsible for other costs including but not limited to; loss of use, administrative fees, diminishment of value, towing, storage and / or impound fees and other costs to recover the Vehicle and establish damages. As such, the User may be subject to damage-related fees and insurance claims, and you hereby authorize TKX to deduct this amount from your security deposit and to charge your payment card for any damages and fees in excess of the security deposit. If, after the initial inspection and prior to the commencement of the usage period, the User believes that the Vehicle is not safe to operate, do not use the Vehicle; Please contact TKX immediately at 562-546-3521 and a TKX representative will determine how best to proceed. The User will under no circumstances make any changes or repairs to the Vehicle. If the Vehicle becomes inoperable or has mechanical problems, the User is required to contact TKX at 562-546-3521, to obtain Roadside Assistance. Unless indicated otherwise, only TKX approved Roadside Assistance vendors can be used for moving or providing maintenance on the Vehicle. Financial liability for damage caused to the vehicle by using a non-approved Roadside Assistance vendor will be the sole responsibility of User.
User Incident Reporting. Users must immediately report any damage, tickets, or violation to the Owner of the Vehicle, TKX (562-546-3521), and to the police if there is a vehicle accident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide TKX with a written description of the incident and any other information such as written affidavits, videos, photos, including identity and insurance information of any parties involved in the incident as well as contact information of witnesses. You are also required to cooperate in any loss investigation conducted by TKX, third parties, owner of vehicle, and/or insurers. After an incident, you may not continue to use the Vehicle unless you have the explicit permission of the Vehicle Owner and authorized TKX staff.
Insurance. You are fully responsible for paying any damages not covered by your insurance, as well as insurance deductibles, fees, expenses, liens and fines arising out of your use of a Vehicle. If TKX advances any payment on your behalf, you will continue to be responsible for such amounts until paid in full. You are required to add Turnkey Xchange Enterprise, Inc. as an additional insured on all applicable automobile and excess liability policies You acknowledge and agree that TKX is not providing any insurance coverage during the usage period. You understand and agree that with regard to damage, losses, or other liabilities during the usage period, you are primarily liable and you may fund that primary liability by way of your personal insurance. You further acknowledge and agree that you shall receive no protection or coverage by TKX or its affiliates, whether that be vehicle damage protection, liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a rental of your vehicle(s). You shall defend, indemnify, and hold TKX, its subsidiaries, affiliates, employees, officers, directors, and agents, and Owners of the Vehicle(s), harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorney’s fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any Usage of any vehicles, including without limitation, any vehicle damage, personal injury or property damage.
Tracking. TKX reserves the right to enable monitoring, tracking or other devices in any Vehicle. You hereby consent to tracking of any such vehicle. You may not remove, tamper with, disable, or damage any such device. Removal, tampering, disabling or damaging any Vehicle monitoring or tracking device may, at TKX’s discretion, lead to immediate termination of usage as well as forfeiture of reservation fees. The cost of any lost, stolen, or damage to any such device will be deducted from your security deposit.
Tickets and Violations. It is the responsibility of the User to pay all tickets and fines issued while the User is in possession of the Vehicle. If after the Vehicle has been returned and all payments and security deposit have been collected and it has been determined that there are any outstanding violations, you authorize TKX to charge the credit card you have provided our bank for the amount needed to cover the violation and our processing fee, up to 90 days after the end of the usage period. Upon your request, we will provide you with a copy of the violation which lists any applicable fees. You are responsible for towing fees, repairs, liens and impound costs associated with unauthorized towing of the Vehicles. Improper towing of Vehicles can result in serious mechanical damage. All such fees and damage expenses will be deducted from your security deposit, and you authorize us to make any additional charge to your credit card as needed to cover your fees and damage expenses.
The following Terms apply if you are an Owner. You also agree to cooperate with the provision, return, and other issues relating to your Vehicle, as provided in the User Terms.
Eligible Vehicles. TKX reserves the right to determine whether a Vehicle qualifies and is suitable to be listed on the TKX marketplace. TKX may remove a Vehicle at any time in its sole discretion. Further, you may offer only “private passenger motor vehicles” through the Services. A “private passenger motor vehicle” means a vehicle that is insured, or is subject to being insured, under a personal automobile liability insurance policy insuring a single individual or individuals residing in the same household, as the named insured, or meets the requirements of Section 16058 of the California Vehicle Code, but does not include a vehicle with fewer than four wheels. In addition to current and valid vehicle registration, the vehicle must be in sound mechanical condition including, but not limited to tires, brakes and windscreen wipers. Reservation disruption costs and accidents related to vehicle condition will be the sole responsibility of the Vehicle Owner.
Maintenance. Each Owner is required to routinely visually inspect the Vehicle/s for any defects that may impair operations or safety and have the vehicle properly serviced as indicated by the manufacturer. The Owner agrees that at all times, the Vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements, as well as manufacturer requirements and recommendations. The Owner agrees to promptly service the vehicle per any recall or similar safety notices. If TKX believes the Owner’s Vehicle does not conform to reasonable standards, TKX will notify the Owner and may restrict the usage of the Vehicle on the TKX Marketplace until all outstanding items have been resolved. Owners who have made or will make vehicle modifications with aftermarket products such as engine modifications, exhaust systems, custom wheels, suspension modifications, body components, window tinting, tail light tinting, etc. are responsible for both the safety and compliance with state/local vehicle laws. Owners will be responsible for all citations related to vehicle modifications as noted above. You are solely responsible for all traffic violations, tolls, towing charges, damage, and other fines, obligations, and losses incurred in relation to the car (i) other than those resulting from the Usage period or (ii) your breach of the Terms of Service agreement, including but not limited to your negligent maintenance of the Vehicle.
Vehicle Listing. When requesting to list your Vehicle on TKX, you will be required to provide specific information about the vehicle (e.g. vehicle identification number (“VIN”), current mileage, garaged zip code, proof of registration and insurance, etc.). You must provide complete and accurate information to TKX. TKX will use third party agencies and services (e.g. vehicle inspections, DMV registration verification, insurance verification, etc.) to verify information you provide to us and will obtain additional related information and corrections where applicable. You further hereby authorize TKX to request, receive, use and store such information. TKX may accept or reject your registration application for any reason. You understand and agree that you have the legal authority to list your vehicle on TKX and you agree to keep a valid copy of your Vehicle’s registration and insurance in the glove compartment of the Vehicle at all times while listed with TKX.
When you sign up for TKX, you will specify the VIN of the particular passenger vehicle(s) that you want to list for use through the marketplace. Each prospective vehicle must meet the minimum requirements provided by TKX. Prior to acceptance, TKX, as part of the vehicle registration process, may conduct a vehicle inspection, verify vehicle registration with the DMV, verify vehicle insurance, and photograph your vehicle. Additionally, TKX may enroll your vehicle with a fleet tracking service during usage to ensure compliance with our User Policies. Additionally, theft protection services are required for each vehicle on the TKX marketplace. You may only use the TKX marketplace relating to vehicles that you own or otherwise have all the necessary rights and permissions to provide usage to Users. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law.
Vehicle Reservations. Within 72 hours of a TKX User’s reservation request of your vehicle, it is the your (Vehicle Owner) responsibility to “accept” or “decline” the reservation request. If you accept a reservation and it is booked, you are required to make direct contact with the User to formalize the necessary pick-up and return arrangements. The Owner is required to make the vehicle available as expected by the User within a 1 hour timeframe of the agreed upon pick up time. The Owner must also arrange with the User, prior to the usage period, the necessary pick up and return location/logistics. At the Owner’s discretion, third party services may be utilized to facilitate the pick-up and return process. Unless these services have been secured through TKX, the use of third party services is at the Owner’s risk. Any changes in pick-up/return locations and/or times shall be addressed directly with the User. Owner initiated cancellations must be completed 48 hours prior to the commencement of the usage period. Owners who cancel confirmed reservations less than 48 hours prior to usage commencement may be subject to an improper reservation cancellation fee and/or removal from the TKX Marketplace for repeated occurrences.
Pick-up/Drop-off. It is the responsibility of the Vehicle Owner or Proxy to designate a safe and suitable location to pick up and drop off the vehicle. The Vehicle Owner or Proxy must conduct a vehicle inspection WITH the User prior to the usage period to mutually record pre-existing damage and excessive wear. At the conclusion of the usage period, the Vehicle Owner or Proxy must conduct a post usage inspection with the User to record any new damage or new excessive wear. All information collected from the pre and post usage inspections must be recorded and made available to TKX. As part of the pick-up process, the Owner shall instruct the User on how best to safely operate the Vehicle and how to reduce the risk of Vehicle damage during use.
Usage Fees. Each Owner may set and update the vehicle’s usage rates. TKX will pay the Owner the amount collected from those who use the Vehicle, less the applicable fees payable to TKX, as well as any taxes or other charges that TKX collects. TKX will pay the Owner all of the fees due on the 10th day of the month for the prior month’s usage; provided that TKX may impose minimums for each payment. To the extent you owe TKX money for any reason, TKX also reserves the right to deduct those amounts from the Owner’s payment. Owner is fully responsible for all taxes relating to or arising out of usage transactions under this Agreement. TKX will need certain information from the Owner to ensure that we can report income paid as required by law. TKX may withhold payments until we have received that information from the Owner.
Tracking Devices. TKX requires certain monitoring or tracking devices to be affixed to your Vehicle during the Usage Period. TKX will provide instructions for removal in connection with any termination of your participation in the Services. TKX may, from time to time and at its expense, require that certain signage labels or other markings, be temporarily affixed to your Vehicle while you participate in the Services. TKX will provide instructions for removal in connection with any termination of your participation in the Services.
Post Usage Reporting. Upon vehicle return, the Owner and User are required to conduct a “Return Inspection” as defined in the User Terms in order to complete the usage transaction. If damage or excessive wear and tear has occurred to the Owner’s vehicle during the usage period, the Owner and User are required to report the specific information to TKX prior to completing the “Return Inspection.” TKX will note the damage details in the rental transaction record. If necessary, TKX or its designated third party may investigate damages related to the report. Both the User and the Owner will provide requested information and cooperate in any investigation.
9. Insurance. Owner acknowledges and agrees that TKX is not providing any insurance package to the owner and/or user for the Usage period. As such, any issues arising out of the use of the Vehicle during the Usage period must be resolved directly with the User and the User’s insurance provider. The Users insurance shall remain the Primary insurance for the Usage period. This also includes no insurance coverage or reimbursement for “Loss of Usage” related to an incident, damage, or mechanical failure incurred during the Usage Period. You further acknowledge and agree that you shall receive no protection or coverage by TKX or its affiliates, whether that be vehicle damage protection, liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a rental of your vehicle(s)..You shall defend, indemnify, and hold TKX, its subsidiaries, affiliates, employees, officers, directors, and agents, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorney’s fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any rentals of any vehicles, including without limitation, any vehicle damage, personal injury or property damage.
10. Damage Remediation. TKX encourages Owners and Users to resolve matters in a mutually satisfactory manner. All outcomes from such an agreement must be documented and sent to TKX as indicated in the section related to Post Usage Reporting. In the event that an Owner and User cannot resolve a matter, TKX may issue a final ruling to determine financial accountability based on an independent investigation of Vehicle damage or other loss. TKX has the right to deduct the repair costs and corresponding service fees from the User’s security deposit. If Vehicle repair costs exceed the security deposit, TKX may engage the appropriate insurance companies to cover any incremental costs. USERS AND OWNERS AGREE TO HOLD TKX HARMLESS FROM AND AGAINST ANY CLAIMS RELATED TO ANY DISPUTES BETWEEN THEM.
11. Physical Damage. TKX is not responsible for any personal property, including any after-market installations (e.g. GPS, radar detector, equipment racks, etc.), that are taken from your vehicle or damaged during a usage period. We recommend that you remove all personal property before making the vehicle available for a reservation. In addition, you should expect normal wear and tear on your vehicle, including minor scratches, in connection with your participation in the marketplace. To the extent allowed by applicable law, TKX will not reimburse you for normal wear and tear to your vehicle.
TKX is a peer-to-peer rental platform where qualified members can conveniently charter exotic luxury vehicles from a network of discerning car enthusiasts. A pioneer in the sharing economy, TKX is a secure network of like-minded individuals who come together and share their passion for driving fine automobiles.