PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Infinite Creation 3. (“Infinite”, “we”, or “us”), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Infinite is accessible online including at infinitecreation3.com and as an application for mobile devices. The Infinite websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Infinite users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Infinite. These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Infinite (each a “Party” and together, “the Parties”). In addition, Infinite provides a Car Sharing Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation.
Modification. Infinite reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Infinite Account within 30 days. If you choose to close your Infinite Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older, except in the United Kingdom and France where we permit hosts age 18 to list eligible vehicles. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.
To access certain features of the Services, you must sign up for an account with us (a “Infinite Account”). You can create a Infinite Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Infinite Account up to date at all times. Based on information you provide, Infinite may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Where permitted, Infinite has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Infinite does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Infinite may in its sole discretion 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 Infinite to request, receive, use, and store such information. Infinite may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Infinite may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.
Consumer report authorization; DVLA authorization. When you attempt to book or list a vehicle, or at any time after where Infinite reasonably believes there may be an increased level of risk associated with your Infinite Account, you hereby provide Infinite with written instructions and authorize Infinite, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law. When booking a trip in the UK, you agree that a Infinite service provider, GB Group (GBG) will retrieve the driver record information of UK license holders from the Driver and Vehicle Licensing Agency (DVLA). GBG will provide this information to Infinite for the purpose of enabling a car sharing transaction. The DVLA will disclose to GBG, and GBG will, in turn, disclose to Infinite, all relevant information relating to a UK license holder’s driver record from the computerized register maintained by the DVLA. This information includes personal details, driving entitlements, valid endorsements, and/or disqualifications (if applicable). This authorization will remain valid for three years from the date of your first booking.
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown here. When you provide Infinite a payment method, you authorize Infinite, or third-party service providers acting on behalf of Infinite, to store your payment credential for future use in the event you owe Infinite any money. You authorize Infinite to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined here.
Infinite and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Infinite, or the collection agencies we retain, may also report information about your Infinite Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Infinite Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Infinite reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact help.Infinite.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Infinite Account, you must contact the collection agency directly.
In certain jurisdictions, Infinite may enable the collection and remittance of certain taxes from or on behalf of guests or hosts (including, if applicable, Co-hosts), based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Infinite will be visible to, and separately stated, to both guests and hosts (including, if applicable Co-hosts) on their respective trip related documents and invoices. Where Infinite is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction. EU Council Directive 2021/514 (DAC7) requires Infinite to report unadjusted gross sales of hosts (what we call "gross earnings"), defined as transactions without adjustments for credits, service fees, reimbursements, or any other amounts. DAC7 is an annual reporting obligation and Infinite will share your data for all income and information for the previous year.
You agree that you will always use your Infinite Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Infinite.
Account Activity. You are, and will be solely responsible for, all activity that occurs through your Infinite Account. Keep your Infinite Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Infinite Account, whether you have authorized such activities or actions. You will immediately notify Infinite of any actual or suspected unauthorized use of your Infinite Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Infinite Account unless you have reported unauthorized access to us.
Infinite Content and User Content License. Subject to your compliance with the provisions of these Terms, Infinite grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Infinite and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Infinite or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Infinite promotional campaigns, you grant Infinite a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, 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. Except as described above with respect to Infinite photography provided to hosts, Infinite does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Infinite Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Google terms. Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, Infinite has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violations. Infinite has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Infinite reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Infinite, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Infinite, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Infinite Account and access to the Services, remove hosted content, deny 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. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that Infinite may contact you by electronic means (e.g., electronic mail; notifications via Infinite messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your Infinite Account or Infinite Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Infinite is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Infinite may contact you on any day, at any time of day, and in relation with the above purposes.
You authorize Infinite and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Infinite or its agents for quality control, training, or other purposes. You understand and agree that your communications with Infinite may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through help.Infinite.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Infinite is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the United States, the United Kingdom, Canada (excluding any of the territories and the provinces of Manitoba and Saskatchewan), France, and Australia.
The following sections also apply if you book a vehicle using the Services:
As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
For guests who are residents of the European Economic Area or the United Kingdom, there is no right of withdrawal in relation to a transaction you make on the Services as this right does not apply to the booking of transport or other services provided for at a specific date. Your only rights are described in the cancellation policy. However, guests have the right to modify any protection plan selected for a trip prior to the start of the reservation.
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Infinite, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Infinite to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary guest may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.
When you book a vehicle on the Services, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the Infinite Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Infinite has any concern about your use of a vehicle, Infinite may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help.Infinite.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
Telematics notice and release. Vehicles booked on Infinite may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, 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. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.
You understand that third parties own the vehicles and Extras offered through the Services. 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, Infinite, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Infinite team immediately.
You acknowledge that Infinite 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) of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither Infinite nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Infinite at help.Infinite.com, or 1-415-965-4525 in the US, +44 808 164 1454 in the United Kingdom, 888-391-0460 in Canada, +33-1-82-88-10-24 in France, or 1800 959 374 in Australia. In the US, the UK, and Australia, if there has been a collision, you must also make a report to the police. In Canada, if there has been a collision with significant vehicle damage (e.g., more than $2,000), you must also make a report to the police. In France, making a report to the police is not mandatory where the incident only involves vehicle damage and no personal injury, however you must complete an incident report in all cases. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Infinite or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Infinite, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Infinite staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
The primary guest who books the reservation is responsible for any private investigation costs Infinite deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Infinite and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Infinite, a hired agent of Infinite, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Infinite, and other authorities in all matters related to the investigation.
Infinite Creation 3 - Rental Service
1820 NY-376, Poughkeepsie, NY 12603, United States
(845) 622 - 5478
Copyright © 2024 Infinite Creation 3 - Rental Service - All Rights Reserved.
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