Terms Of Service

Welcome to caradil!

These terms and conditions outline the rules and regulations for the use of Caradil's Website, located at https://caradil.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use caradil if you do not agree to take all of the terms and conditions stated on this page.


Introduction

Caradil and its subsidiaries (collectively, “Caradil”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers, locals and tourists seeking to book those vehicles. Caradil is accessible online at Caradil.com.   The Caradil websites, blog and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Caradil 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 Caradil.


Modification. Caradil 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. 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 Caradil Account within 30 days. If you choose to close your Caradil 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.


Eligibility, registration, verification

Eligibility

The Services are intended solely for persons who are 18 years and above of age. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.


Registration

To access certain features of the Services, you must sign up for an account with us (a “Caradil Account”). You can create a Caradil Account by providing us your first and last name, email address, and creating a password.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,and/or listing process. You must keep your Caradil Account up to date at all times.


Verification

Where permitted, Caradil 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. Caradil does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Caradil 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 Caradil to request, receive, use, and store such information. Caradil may permit or refuse your request tolist a vehicle in its sole and absolute discretion. Caradil 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.


Your commitments

You agree that you will always use your Caradil Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Caradil.


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


Content

Caradil Content and User Content License. Subject to your compliance with the provisions of these Terms, Caradil grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Caradil 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 Caradil 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 Caradil promotional campaigns, you grant Caradil 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 Caradil photography provided to hosts, Caradil 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.


Prohibited activities

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:

Violate any law, including:
  • Post false, inaccurate, misleading, defamatory, or libelous content
  • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Caradil, or that comes from the Services and belongs to another Caradil 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 Caradil
Dilute, tarnish, or otherwise harm the Caradil brand in any way, including:
  • Through unauthorized use of the Services and/or user content
  • Registering and/or using "Caradil" 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 Caradil domains, trademarks, taglines, promotional campaigns, or Caradil and/or user content
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 a Caradil Account on behalf of an individual other than yourself
  • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
  • Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
  • Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Caradil (aka, gray market transactions, which do not necessarily require the exchange of money)
  • Transfer your Caradil Account and/or user ID to another party without our consent
Harm or threaten to harm users of our community, including:
  • Harass, stalk, or defame any other Caradil user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
  • Engage in physically or verbally abusive or threatening conduct
  • Use the Services 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
  • 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 Caradil community
  • Sue or assert legal claims against Caradil or a Caradil user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
  • Contact another Caradil user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
  • Commercialize any content found on the Services or software associated with the Services, including reviews
  • Harvest or otherwise collect information about users without their and our consent
  • Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Caradil, without our prior written approval
Interfere with the operation of the Services, including by:
  • Interfering with any other user’s listings
  • Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
  • 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 the Services, or harm Caradil or the interests or property of others
  • Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
  • Systematically retrieving data or other content from the Services 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 the Services or any individual element within the Services, the Caradil name, any Caradil trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Caradil
  • Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Caradil or any of our service providers or any other third party (including another user) to protect the Services
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
  • Endeavoring to circumvent a suspension, termination, or closure of your Caradil Account or the account of another Caradil user, including, but not limited to, creating a new Caradil Account or listing vehicles affiliated with or registered to a Caradil Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. Caradil 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.

Caradil reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Caradil, 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 Caradil, 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 Caradil 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.


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 Caradil Account or Caradil Account activity, investigate or prevent fraud, 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 Caradil is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Caradil 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 Caradil or its agents for quality control and training purposes. You acknowledge and understand that your communications with Caradil 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.


Specific terms for hosts

The following sections also apply if you share your vehicle through the Services:

Host commitments

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. 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 guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. 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. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your Caradil business on time and in full.


Information given at registration

When you sign up for Caradil, you will identify passenger vehicle(s) that you want to list for sharing through the Services. 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.


Caradil photography

Caradil may 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 Caradil listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Caradil 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 Caradil’s ownership or registration thereof. You acknowledge that Caradil 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 Caradil 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 Caradil. At Caradil’s request, you will execute documents and take such further acts as Caradil may reasonably request to assist Caradil to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.


Vehicle availability

Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest.


Pricing, earnings, and payments

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


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. 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 Caradil believes that your vehicle does not conform to reasonable standards, Caradil may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Caradil may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.


Termination

You may discontinue your use of the Services at any time and Caradil 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 Caradil 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.


No vehicle transfer or assignment

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.


Disclaimers

Not a rental car business

Caradil is not a rental car business. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. Caradil 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

Caradil 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 kenyan shilling or dollar ) unless explicitly prohibited under applicable law.