Eleven Rides Terms and Conditions

Terms and conditions


Effective 1st January 2025

INTRODUCTION

Thank you for choosing Eleven Rides. We are excited to have you as a member of our vibrant community which provides access to shared cars enabling people to ride anywhere.

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. THEY INCLUDE ESSENTIAL INFORMATION ABOUT YOUR OBLIGATIONS, REMEDIES, AND RIGHTS. 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.

These terms constitute the parties entire agreement regarding the services at the time the user accesses and uses them unless said otherwise in another agreement signed with Eleven Rides.

These terms constitute a legally binding agreement (“Agreement”) between you and Eleven Rides as defined below governing your access and use of the Eleven Rides website (“Website”) and all associated services (collectively “Services”). The website and all the services together are hereinafter collectively referred to as the “Platform”. Users acknowledge that they have received all necessary information and technical features prior to accessing and using the services.

Eleven Rides is a networking platform that matches Users that are looking for vehicles to rent with users wishing to rent out their vehicles. Eleven Rides does not rent out vehicles by the website or the services or by any other means and has no activity other than that of connecting users to each other for the purposes of vehicle rentals.

Eleven Rides provides users with business networking tools which enable users to upload content,communicate with other users and make informed decisions about renting their vehicles or renting the vehicle of another user. The rentals are governed by the present terms and are completed by the rental agreements, as further described in the terms . Only by complying with the terms and the rental agreement can users benefit from the services offered by Eleven Rides.

ELIGIBILITY

Our Services are intended solely for Renters who meet our eligibility requirements in Kenya where the vehicle is booked and Renters who are 23 years or older.Any use of our service by anyone that does not meet these eligibility requirements is expressly prohibited.

REGISTRATION

To access certain features of our website, you must sign up for an account with Eleven Rides. You can create an Eleven Rides 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, Facebook, and Google).When you book a vehicle as a Renter, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or ‘Carpreneur ‘, you provide us with certain additional information about yourself and your cars. You must provide accurate, current, and complete information during the registration, booking, and/or listing process.Eleven Rides may add conditions to your ride booking, such as adding a second form of payment, purchasing a specific level of protection, or other restrictions, based on the information you supply.

VERIFICATION

You hereby give Eleven Rides permission to request, receive, use, and keep any additional information relevant to the information you give us, as well as to use third-party services at its sole discretion in order to verify the information we have. Eleven Rides has complete discretion over whether to approve or reject your request to book or list a car.Eleven Rides may make attempts to guarantee the security of cars shared via the website, but it makes no guarantees in this regard. Regarding the legality, safety, or roadworthiness of any cars shared via our website, we neither vouch for nor affirm. Instead, Carpreneurs are solely responsible for making sure their cars meet all of our vehicle eligibility requirements, are in good working condition , are legally registered to be driven on public roads, have a clean documentation (i.e., written off, or salvaged), and are not the subject of any relevant safety recalls.

VERIFICATION

Renters will get an itemized bill at the time of checkout for the fees we charge for using our Services and other cost structures. Before submitting your trip request, you can confirm the cost of your trip during the checkout process.Carpreneurs can view their earnings on the Carpreneur dashboard.By giving Eleven Rides a payment method, you give Eleven Rides, or other service providers working on Eleven Ride's behalf, permission to keep your payment credential on file in case you have any unpaid debts to Eleven Rides. You give Eleven Rides permission to use your stored payment credentials to settle any outstanding balances for trip, renter, and carpreneur fees (such as late fines, processing and claim fees, and associated administrative costs). We will rely on these updates to stored payment credentials for balances because in certain situations, our payment processors have agreements with card networks that allow them to automatically update stored payment credentials whenever you receive a new card (such as a replacement for an expired card or one that was reported lost or stolen).

YOUR COMMITMENT

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

You also agree to be solely responsible for all activity that occurs through your Eleven Rides Account. Keep your Eleven Rides 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 Eleven Rides Account, whether you have authorized such activities or actions. You will immediately notify Eleven Rides of any actual or suspected unauthorized use of your Eleven Rides Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Eleven Rides Account unless you have reported unauthorized access to us.

DATA & CONTENT

Subject to your compliance with the provisions of these Terms, Eleven Rides grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Eleven Rides 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 Eleven Rides or its licensors, except for the licenses and rights expressly granted in these Terms.

Content: We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our website 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 our website, or through Eleven Rides promotional campaigns, you grant Eleven Rides 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 our website.

Google terms: Some areas of our website implement Google Maps/Places mapping services, including Google Places API, Google Cloud Storage and Sign in with Google account.. By using our website, you are bound by Google’s terms of service.

RESTRICTED ACTIVITIES

In connection with your use of or access to Eleven Rides website , you agree that you will not, nor advocate, encourage, request, or assist any third party to VIOLATE ANY LAW INCLUDING;

  1. Breach, violate, and/or circumvent any county, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights.
  2. Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Eleven Rides and belongs to another Eleven Rides user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Eleven Rides.
  3. Post false, inaccurate, misleading, defamatory, or libelous content
  4. Dilute, tarnish, or otherwise harm the Eleven Rides brand in any way, including:
    • Registering and/or using "Eleven Rides" or derivative terms in domain names, trade names, trademarks, or otherwise
    • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Eleven Rides domains, trademarks, taglines, promotional campaigns, or Eleven Rides and/or user content.
    • Through unauthorized use of Eleven Rides website and/or user content.
  5. Provide or submit any false or misleading information, including:
    • False name, date of birth, driver’s license details, payment method, insurance, or other personal information.
    • In relation to a claim (for example about damage to a vehicle).
    • By registering for an Eleven Rides Account on behalf of an individual other than yourself or the company you represent.
    • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity.
  6. Fail to honor your commitments, including:
    • Fail to pay fees, penalties, or other amounts owed to Eleven Rides or another user.
    • Fail, as either a Renter or Carpreneur , to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason.
    • Use the Eleven Rides website to find a Renter or Carpreneur, and then complete a transaction partially or wholly independent of our website, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of Services by Eleven Rides (aka, gray market transactions, which do not necessarily require the exchange of money).
    • Leave a vehicle unlocked or running with the keys inside.
    • Transfer your Eleven Rides Account and/or user ID to another party without our consent.
  7. Harm or threaten to harm users of our community, including:
    • Harass, stalk, or defame any other Eleven Rides user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a renter or carpreneur in accordance with these Terms.
    • Using Eleven Rides website to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers.
    • Engage in physically or verbally abusive or threatening conduct.
    • Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Eleven Rides community.
    • Sue or assert legal claims against Eleven Rides or an Eleven Rides user in any manner prohibited or waived by these Terms.
  8. Use the Eleven Rides website for your own unrelated purposes, including to:
    • Contact another Eleven Rides user for any purpose other than in relation to a booking, vehicle, listing, or the use of our services by such user.
    • Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks.
    • Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Eleven Rides, without our prior written approval.
  9. Interfere with the operation of our website services, including by:
    • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our services, or harm Eleven Rides or the interests or property of others.
    • Bypassing robot exclusion headers, interfering with the working of our website, or imposing an unreasonable or disproportionately large load on our infrastructure.
    • Systematically retrieving data or other content from our website to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise.
    • Using, displaying, mirroring, or framing Eleven Ride’s website or any individual element within our website, the Eleven Rides name, any Eleven Rides trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in our website, without the express written consent of Turo.
    • Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures.
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using our website to send altered, deceptive, or false source-identifying information.
    • Endeavoring to circumvent a suspension, termination, or closure of your Eleven Rides Account or the account of another Eleven Rides user, including, but not limited to, creating a new Eleven Rides Account or listing vehicles affiliated with or registered to an Eleven Rides Account holder that has been suspended, terminated, or closed.
    • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our services on the Eleven Rides website.
    • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Eleven Rides or any of our service providers or any other third party (including another user) to protect our website.
    • Accessing, tampering with, or using non-public areas of our website, our computer systems, or the technical delivery systems of our service providers.

OTHER LEGAL MATTERS

Protection plans and Insurance: Eleven Rides does not provide insurance to Carpreneurs or Renters; it is not an insurance firm. Plans for renters and carpreneur protection offered in our website are unrelated. In order to receive the advantages of a protection package, both renters and capreneurs need to abide by these Terms.Only in Kenya are protection plans offered through our website.

Violations: Eleven Rides 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.Any content that Eleven Rides, in its sole discretion, deems to be objectionable for any reason, in violation of these Terms, or otherwise harmful to our website or our community may be removed or have access to 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 Eleven Rides Account and access to our website, remove capreneur content, reject a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal action if we believe you are abusing Eleven Rides, our users, or any other person in any way or violating the letter or spirit of any of these Terms. Additionally, we reserve the right to refuse or terminate access to our website to anyone for any reason at our discretion to the full extent permitted under applicable law.

Communication with Renters or Capreneurs: You agree that Eleven Rides may contact you by electronic means (e.g., electronic mail; notifications via Eleven Rides messaging & notification on your account) 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 Eleven Rides Account or Eleven Rides 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 Eleven Rides is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Eleven Rides may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Eleven Rides 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 Eleven Rides or its agents for quality control, training, or other purposes. You understand and agree that your communications with Eleven Rides may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through contact us(link). If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on our website.

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.

TERMS FOR RENTERS

YOUR COMMITMENT AS A RENTER

As a renter, you commit that you will be a legally licensed driver and provide proof to the carpreneur or via our website 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 yourself to drive the vehicle you booked.

Renter financial responsibility for Physical damage to the vehicle.

The renter that booked the trip 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 renter has their own auto insurance or not.

Renters' own auto insurance plans may protect them against harm to the booked vehicle. When you book a vehicle through Eleven Rides, you commit to working with Eleven Rides to file a claim for coverage under any applicable insurance policy in the event that the booked vehicle is damaged during the scheduled trip.

The renter 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 our website. The limitation on the amount a renter may have to pay out of pocket included in any protection plan only applies (1) if the renter abides by these Terms and (2) to physical damage that is not mechanical or interior damage.

Use of Vehicles on Our Website

When you book a vehicle on our website, you must use the vehicle only for your personal or professional use and not for any commercial purposes. You must return the vehicle on time and to the correct location. You must present the carpreneur 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 Eleven Rides has any concern about your use of a vehicle, we 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 carpreneur. 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 use with any vehicle you book through our website. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact our support team . If you misuse a vehicle, you will be fully and financially responsible for any related claims, loss, or damage, and your protection plan may be voided in this instance.

Condition of the vehicle

You understand that third parties “Carpreneurs” own the vehicles and Extras offered through our website. Each carpreneur 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.You acknowledge that Eleven Rides is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered) of any vehicles shared via our website.Rather, capreneurs 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 , not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.You also acknowledge and agree that neither Eleven Rides nor Capreneurs are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Car Theft

If you engage in the following behavior, 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 and the cancellation of your protection plan:

  1. If you fail to return the car you booked at the time and place agreed upon with the carpreneur and/or designated in your reservation.
  2. If you do not return the car by the end of the booking period and you have not properly obtained an extension of the booking through our website.
  3. If the car is returned to any place other than the return location on the booking or agreed upon with the carpreneur. Any damage to, or loss or theft of, a vehicle occurring prior to the carpreneur inspecting the vehicle upon return at the end of the reservation is the renter’s responsibility.
  4. If you fail or refuse to communicate in good faith with the carpreneur, police, Eleven Rides, or other authorities with a full report of any accident or vandalism involving the car or otherwise fail to cooperate in the investigation of any accident or vandalism.
  5. If the car is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the booking period, who has obtained the keys without permission of the carpreneur, or who misrepresents or withholds facts to/from the carpreneur or Eleven Rides material to the booking, use, or operation of car.

Any fees for a private investigation that Eleven Rides determines are required to retrieve a car that is not returned are the responsibility of the principal Renter who made the reservation.

Repossession. Eleven Rides, a hired agent of Eleven Rides, or the carpreneur may repossess any vehicle booked through our website without demand, at the renter’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 our website goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the carpreneur, 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 carpreneur, law enforcement, Eleven Rides, and other authorities in all matters related to the investigation.

TERMS FOR CARPRENEURS

Your Commitment as a Carpreneur

As a carpreneur, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition.You will provide such vehicle on time but only to a renter who is listed on our website as an Approved Driver for the trip. Other than what is required for you to verify a renter’s driver’s license, you will not collect any information or documentation from your renter at check-in, including renters personal auto insurance.You agree not to use any renter information made available to you by using our website to collect additional personal data about renter(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a renter. In the event of a vehicle swap, you will not require a renter to accept a higher priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a renter. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Eleven Rides does not violate the terms of the contract with the lienholder.You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a renter.

Car Information Provided During Listing

When you sign up for Eleven Rides, you will identify passenger vehicle(s) that you want to list for sharing through our website. Each vehicle must meet the requirements stipulated by Eleven Rides. You may only use our website in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on our website is enabled with a device or OEM technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

The following criteria are used for ‘relevance’ ranking of search results: a renter’s search parameters; vehicle location, details, price, delivery conditions, and relevance to a renter’s search.You cannot pay to have your listing ranked higher and we do not offer sponsored listings.

Listing On Our Platforms

In Kenya, any vehicle you list on our website must be exclusively listed on our Platform. You cannot list any vehicles you intend to share on our website on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from our website, account closure, or other action, in Eleven Ride’s sole discretion.

Vehicle Availability

Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the renter. If you offer the renter the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Eleven Rides and ensure that the vehicle is available at that location at the beginning of the reservation period.In order to qualify for available protection plans, you must verify that a prospective renter has a current,valid driver's license before you provide the renter your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, earnings, and payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Eleven Rides will pay you the amount collected from renters that book your vehicle, less the applicable fees payable to Eleven Rides.

Payment processing: Payment processing services are provided by Mpesa and ( Fill me later ………..).You also agree that Eleven Rides is not liable in cases where (.......X payment processor ) processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of Eleven Rides enabling payment processing services through (......payment provider X), you authorize Eleven Rides ( to obtain all necessary access and perform all necessary activity on your ( payment provider account…….. )Account to facilitate sharing of your vehicle.

You further agree to provide accurate, complete, and updated information about you to Eleven Rides and (Payment provider x…….). You acknowledge that Eleven Rides and (Payment Provider X) are unrelated entities. You are responsible for separately updating Eleven Rides and (Payment provider X…) when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize Eleven Rides to share such information and transaction information with (Payment provider X..) for the purposes of facilitating the payment processing services provided by (Payment provider X..). Eleven Rides reserves the right to switch payment processing vendors at its discretion.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Eleven Rides believes that your vehicle does not conform to reasonable standards, Eleven Rides may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Eleven Rides may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through our website.

Reporting Vehicle Damage

If you did not decline a protection plan made available via our website, and you believe that a renter has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage.

Missing Vehicle

If you have listed your car on our website and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the carpreneur, must immediately contact a Eleven Rides representative and follow his or her instructions, including cooperating with Eleven Rides, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Eleven Rides to file a police report, you must do so within 24 hours of receiving those instructions.

Termination

You may discontinue your use of our website at any time and Eleven Rides may terminate your access to its website and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to our website will not release a Party from any obligations it incurred prior to the termination and Eleven Rides may retain and continue to use any information previously provided to us by you . Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, renters and carpreneurs agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through our website.

Disclaimers

ELEVEN RIDES PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN CARPRENEURS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ELEVEN RIDES DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICE PROVIDED ON OUR WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE KENYAN LAW, WITHOUT LIMITING THE FOREGOING, ELEVEN RIDES EXPLICITLY DISCLAIMS ANY 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. Eleven Rides makes no warranty that our website, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Eleven Rides makes no warranty regarding the quality of any listings, vehicles, carpreneurs, renters, Extras, our website, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through our website. No advice or information, whether oral or written, obtained from Eleven Rides, or its service providers or through our website or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ELEVEN RIDES AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “ELEVEN RIDES PARTIES”) AND ANY ELEVEN RIDES USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A 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, CARPRENEUR, OR RENTERS, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A CARPRENEUR OR RENTER.

YOU AGREE THAT NEITHER ELEVEN RIDES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA OUR WEBSITE), OR (3) INABILITY TO USE OUR WEBSITE.EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY ELEVEN RIDES USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE.

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELEVEN RIDES AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE KENYAN LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Eleven Rides and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use our website, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user our website, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Eleven Rides and you. It shall apply to the extent permitted by applicable Kenyan law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Eleven Rides to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Eleven Rides domains, trademarks, or taglines without Eleven Ride's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Eleven Rides Parties or an Eleven Rides user in any manner prohibited or waived herein, (4) as a carpreneur, sharing your vehicle via our website with expired registration stickers or without current registration paperwork in the vehicle, (5) as a carpreneur, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a carpreneur, offering any vehicle or releasing a vehicle to a renter that is not roadworthy or is otherwise in an unsafe condition, (7) as a carpreneur , cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using an Eleven Rides account that has the effect of circumventing Eleven Ride’s suspension, termination, or closure of another Eleven Rides account.You will pay Eleven Rides $1,000 per breach in Liquidated Damages to compensate Eleven Rides for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Eleven Rides and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not a rental car company; no vehicle leasing

Eleven Rides is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Eleven Rides also is not providing short- or long-term vehicle leases. Eleven Rides provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Rounding off; currency

Eleven Rides may, in its sole discretion, round up or down amounts that are payable from or to carpreneurs or renters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Kenya shillings, US dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on our website is based on the search location, vehicle location, and/or carpreneur location.

Translations

Where Eleven Rides has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

Other

Eleven Rides does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Eleven Rides and Eleven Rides will not make commitments on your behalf, except as contemplated by our website or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Eleven Rides concerning your access to and use of our website and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, 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 Eleven Rides. You will remain responsible for your obligations hereunder in any event. An Eleven Rides director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.