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Thank you for your interest in ROWW!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. 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.
ROWW and its subsidiaries (collectively, “ROWW”, “we”, or “us”), provide an online car sharing
platform that connects vehicle owners with travelers and locals seeking to book those vehicles. ROWW is accessible online including at www.rowwapp.com and as an application for mobile devices. ROWW’s
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 ROWW
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 ROWW
These Terms, together with ROWW’s Privacy Policy, applicable insurance terms and certificates,
roadside assistance terms, and the user Policies accessible via the Services (the “Policies”)
constitute the “Agreement” between you and" ROWW (each a “Party” and together, “the Parties”).
Modification.ROWW 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 yourROWW Account within 30 days. If you choose to close yourROWW 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 persons who are 21 years of age or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
To access certain features of the Services, you must sign up for an account with us (a “ROWW Account”). You can create aROWW Account by providing us your first and last name, phone number, email address, 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 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 yourROWWAccount up to date at all times. Based on information you provide, ROWWmay 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, ROWWhas 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.
ROWW does not endorse any vehicle, user, or a user’s background, or commit to undertake any
specific screening process. ROWW may in its sole discretion use third-party services, such as
Absher and other governmental entities, to verify the information you provide to us and to obtain
additional related information and corrections where applicable, and you hereby authorize ROWW to
request, receive, use, and store such information. ROWW may permit or refuse your request to book
or list a vehicle in its sole and absolute discretion. ROWW 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 beyond our policies that require hosts 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), have valid technical reports, not subject to
any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Consumer Report Authorization.When you attempt to book or list a vehicle, or at
any time after where ROWW reasonably believes there may be an increased level of risk associated with your
ROWW Account, you hereby provide ROWW with written instructions and authorize ROWW 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.
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. When you provide ROWW a payment method, you authorize ROWW, or third-party service providers acting on ROWW’s behalf, to store your payment credential for future use in the event you owe ROWW any money. You authorize ROWW 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).
ROWWand its service providers will employ all legal methods available to collect amounts due,
including the engagement of collection agencies or legal counsel. ROWW, or the collection agencies
we retain, may also report information about your ROWW Account to credit bureaus (such as SIMAH).
As a result, late payments, missed payments, or other defaults on your ROWW 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 ROWW reported to the credit bureau (i.e., SIMAH), please
contact support@rowwapp.com. If you wish to dispute the information a collection agency reported to a
credit bureau regarding your ROWW Account, you must contact the collection agency directly.
In certain jurisdictions, ROWW may enable the collection and remittance of certain taxes from or on
behalf of guests or 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 ROWW
will be visible to, and separately stated, to both guests and hosts on their respective trip related
documents and invoices. Where ROWW is facilitating the collection and remittance of taxes, hosts
are not permitted to collect the same taxes on the Services in relation their vehicle sharing in
that jurisdiction. For individuals or entities not registered with the General Authority for Zakat &
Tax (GAZT), We will charge the host VAT but you will not be reimbursed a VAT amount.
If the guest drives the vehicle over the limit set by the host, then there will be an additional charge that the host can bill the guest for.
You agree that you will always use your ROWW Account and the Services in compliance with these
Terms, applicable law, and any other policies and standards provided to you by ROWW.
Account Activity.
You are, and will be solely responsible for, all of the activity
that occurs through your ROWW Account. Keep your ROWW 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 ROWW Account, whether or not
you have authorized such activities or actions. You will immediately notify ROWW of any actual or
suspected unauthorized use of your ROWW Account. We are not responsible for your failure to comply
with this clause, or for any delay in shutting down or protecting your ROWW Account unless you have
reported unauthorized access to us.
ROWW Content and User Content License.
Subject to your compliance with the
provisions of these Terms, ROWW grants you a limited, revocable, non-exclusive, non-transferable
license, to access and view any ROWW 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 ROWW 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 ROWW promotional campaigns, you grant ROWW 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 ROWW photography provides to hosts, ROWW 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 ROWW Accounts of repeat infringers. If you think a user is violating your copyright(s)
and want to notify us, you can email us at support@rowwapp.com.
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.
ROWW 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.
ROWW reserves the right, at any time and without prior notice, in accordance with applicable law,
to remove or disable access to any content that ROWW, 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 ROWW 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 ROWW 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.
In order to contact you more efficiently, you agree that we may at times contact you using
autodialed or prerecorded message calls or text messages at your phone number(s). We may place such
calls or texts primarily to confirm your signup, provide notices regarding your ROWW Account or
ROWW, Account activity, investigate or prevent fraud, collect a debt owed to us, 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 ROWW is required to obtain your consent for such communications, you may choose to
revoke your consent.
You authorize ROWW and its service providers, without further notice or warning and in our
discretion, to monitor or record telephone conversations you or anyone acting on your behalf has
with ROWW or its agents for quality control and training purposes. You acknowledge and understand
that your communications with ROWW may be overheard, monitored, or recorded without further notice
or warning.
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. ROWW 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 coverage under a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services.
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.
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.
When a primary guest books a vehicle on ROWW, they agree that if any damage occurs to the booked vehicle during the booked trip, they will work with ROWW to make a claim for coverage under any policy of insurance that applies to the loss.
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.
Hosts offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include a comprehensive automobile insurance coverage policy. The policy is secured through [insert insurance company name].
If the host has their own personal comprehensive auto policy, it will be primary over the ROWW protection depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. The guest will be responsible for the deductible. Terms and exclusions apply.
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Careem or delivering food or other packages) unless you have express written permission from ROWW’s Legal Department in advance. 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 required at all times 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 ROWW has any concern about your use of a vehicle, ROWW 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 front-seat 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, contact support@rowwapp.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.
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 to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, ROWW, 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 cancel the trip using the GOACAR app, and contact the ROWW team if needed at [support@rowwapp.com].
You acknowledge that ROWW 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 beyond our policies that require hosts 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 eligibility requirements.
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 ROWW through app and, if needed, email support@rowwapp.com. If there has been a collision, you must also make a report to Najm, Moroor, and/or the police, depending on the type of incident. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide ROWW, Najm, 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 ROWW, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of ROWW 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:
Repossession ROWW, a hired agent of ROWW, 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 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, ROWW, and other authorities in all matters related to the investigation.
The following sections also apply if you share your vehicle through the Services:
As a host, 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 guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings. 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. 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.
When you sign up for ROWW, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services 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 the Services, account closure, or other action, in ROWW’s sole discretion. Learn more about this policy here.
ROWWmay offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that ROWW is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or ROWW’s ownership or registration thereof. You acknowledge that ROWW may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the ROWW photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than ROWW. At ROWW’s request, you will execute documents and take such further acts as ROWW may reasonably request to assist ROWW to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to ROWW 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 guest has a current, valid driver’s license before you provide the guest 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.
You will have the ability to set and revise the vehicle’s pricing as you choose. ROWW will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to
ROWW. A current fee schedule can be found here. To the extent you owe ROWW money for any reason,
ROWW also reserves the right to deduct those amounts from your payment.
Payment Processing. Payment processing services are provided by SNB (Saudi National Bank) and
subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement
(collectively, the "Stripe Terms"). In countries where you receive payment proceeds via SNB, you agree to be bound by the SNB Terms, which may be modified from time to time. As a condition of ROWW enabling payment processing services through SNB, you authorize ROWW to obtain all
necessary access and perform all necessary activity on your SNB Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you,
and authorize ROWW to share it and transaction information with SNB for the purposes of facilitating the payment processing services provided by SNB.
ROWW reserves the right to switch payment processing vendors in its discretion.
There is personal vehicle sharing legislation that may apply to you. More information is available here.
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. 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 ROWW believes that your vehicle does not conform to reasonable standards, ROWW may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. ROWW may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.
If you believe that a guest 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. Based on the investigation, ROWW or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If ROWW is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by ROWW or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
All host protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In the US, the policy is secured through ROWW Insurance Agency, LLC an Arizona domiciled licensed insurance producer from Liberty Surplus Lines. Liberty Surplus Lines is an insurance company that is part of the Liberty Mutual Group. In the UK, the policy is from Allianz Insurance plc, arranged by Aon UK Ltd. In the Canadian provinces of Alberta, Nova Scotia, Ontario, and Quebec, the policy is from Intact and in British Columbia the policy is from Insurance Corporation of British Columbia. Protection plan details and other specifics can be found here.
Physical damage reimbursement (KSA only).
The protection plans available to hosts
in the KSA also address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from
ROWW applies to your vehicle in the event of a collision and most comprehensive events during the trip, and is subject to terms and
exclusions. Learn more about KSA host protection plans here.
Physical damage coverage ([insert countries]).
The protection plans available to hosts in [insert countries where coverage is included] also address physical damage coverage to your vehicle in the
event of a collision and most comprehensive events during the trip, subject to terms and exclusions. Learn more about Canada host protection plans here and protection plans for hosts in the UK
here.
Actual cash value. If ROWW, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to transfer title to the vehicle to
ROWW or a third party appointed by ROWW to accept title. The standard for determining the actual cash value will be
as determined by ROWW or its third-party claims administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by guest on the Services do not apply to:
Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during
a trip. Remove all personal property before making your vehicle available for a reservation
If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the
make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to
the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the
Agreement, these Terms, and our Policies remain in effect.
Other host-specific insurance matters.
You will maintain valid and up to date
registration
information and proof of insurance in any vehicle you share on the Services. You must maintain your
own auto insurance policy for any vehicle you list on the Services and such policy must meet any
minimum insurance levels required by law. You agree to provide
ROWW with information regarding your
auto insurance policy as may be requested and to keep such information up to date. Where not
prohibited by law, you hereby appoint ROWW or a wholly owned
subsidiary of ROWW as your
attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise
administering an applicable insurance policy, and/or working with law enforcement, guests, or
private entities to recover your vehicle, as necessary.
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a ROWW representative and follow his or her instructions, including cooperating with ROWW, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by ROWW to file a police report, you must do so within 24 hours of receiving those instructions.
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a guest (or by ROWW itself), subject to your compliance with these Terms and the Policies, ROWW or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give ROWW or its insurers prompt written notice of the claim, allow ROWW sole control over the defense of the claim, and provide ROWW reasonable cooperation in its defense of the claim, at ROWW’s expense. If ROWW or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse ROWW any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by ROWW.
Resolution of disputes.
If a dispute arises between the Parties, our goal is to
provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us
directly to seek a resolution at support@rowwapp.com. We will consider
reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation. For resolving disputes related to trips originating in the United Kingdom, you can learn more here.
Governing law and forum for disputes.
The laws of England and Wales shall govern
the Agreement and
any dispute or claim you have against ROWW in all respects if
you reside anywhere other than the
United States or Canada. You and ROWW both agree to submit to
the non-exclusive jurisdiction of the
English courts. If you are able to bring a claim arising out of or in connection with the Agreement
against ROWW in court, a court located in England is acceptable,
but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
You may discontinue your use of the Services at any time and ROWW may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and ROWW may retain and continue to use any information, including but not limited to photography, previously provided 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.
Except as otherwise provided herein, guests and hosts 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 the Services.
ROWW PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ROWW 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 SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, ROWW 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. ROWW makes no warranty that the Services, 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. ROWW makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from ROWW, Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST
ROWW AND ANY OF
ITS SUBSIDIARIES,
DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND
INSURANCE PROVIDERS), OR
EMPLOYEES (TOGETHER, THE “ROWW PARTIES”) AND ANY
ROWW 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, HOST,
OR GUEST, (5) THIRD
PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR
GUEST.
YOU AGREE THAT NEITHER ROWW 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 THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms,
including an approved
payment request or claim under a protection plan or applicable insurance policy, in no event will
the ROWW Parties'
aggregate liability arising out of or in connection with the Agreement or your use of the Services,
exceed the greater
of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month
period prior to the
event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month
period prior to the
event giving rise to the liability, or (2) US$100.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY
ROWW
USER FOR ANY DAMAGES OR
LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN
ROWW AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW, AND ANY ASPECTS OF THEM
THAT ARE DEEMED VOID
OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold ROWW 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 of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. 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 ROWW 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.
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 ROWW to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the ROWW domains, trademarks, or taglines without ROWW'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 ROWW Parties or a ROWW user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, or (6) creating or using a ROWW account that has the effect of circumventing ROWW’s suspension, termination, or closure of another ROWW account. You will pay ROWW 20,500 SAR per breach in Liquidated Damages to compensate ROWW 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 ROWW 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.
ROWW 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. ROWW 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.
ROWW may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest riyal, dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
ROWW can be contacted in the United States at 111 Sutter Street, San Francisco, CA 94104, in the United Kingdom at Fourth Floor, 11 Ironmonger Lane, London, England EC2V 8EY, and in Canada at 441-443 King Street West, Toronto, ON M5V 3M4. If you have any questions for us concerning the Agreement, or ROWW generally, please contact us at support@rowwapp.com. Any questions related to protection plans in the United States should be directed to ROWW Insurance Agency at claims@ROWW.agency, 1-415-508-0283 or 2390 E. Camelback Road, Phoenix, AZ 85016. For all other regions, direct questions related to protection plans to support@rowwapp.com.
Where ROWW 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.
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.
ROWW 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
ROWW and
ROWW will not make
commitments on your behalf, except as contemplated by the Services or expressly stated in these
Terms.
The Agreement, including these Terms, states the entire understanding between you and
ROWW
concerning your access to
and use of the Services 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
ROWW. You will remain
responsible for your obligations hereunder in any event. A ROWW
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.