Owner Guarantee Terms and Conditions
"Pinnico Cars Fleet Owners Agreement"
"Pinnico Cars Fleet Owners Agreement"
BY USING PINNICO, LLC. SERVICES, FLEET OWNERS ARE ACCEPTING AND CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
This agreement is between Pinnico, LLC (“Pinnico Cars”) and Fleet Owner or an Individual Vehicle Owner, as applicable (“Fleet Owner”). These Terms of Service and all of Pinnico Cars documents (e.g. the vehicle rental agreement “Vehicle Rental Agreement” provided by Pinnico Cars for use between Fleet Owner and rental drivers (“Drivers”), Vehicle Condition Report, fleet dashboard and message board), collectively create the terms and conditions (the “Agreement”) upon which Pinnico, LLC defines use of its services, which include the Pinnico Cars site, app and marketplace (collectively, the “Services”). Fleet owners who use the Services, and Pinnico Cars vehicle-booking marketplace agree to be bound by this agreement.
Pinnico Cars provides an online car sharing platform that connects Fleet Owners with those seeking to rent cars. Pinnico Cars is accessible at www.pinnicocars.com and as an application for a mobile device. And are herein referred to as services. Fleet owners who utilize the Pinnico Cars marketplace and services are responsible for complying with all local laws, rules, and regulations.
Fleet owner consent to entering these terms electronically and to the storage of records related to these terms in electronic form.
Fleet Owner represents that: (1) they are at least 21 years of age; (2) are of legal capacity to form a binding contract; and (3) are not a person barred from receiving service under the laws of the United States or other applicable jurisdictions.
Use of Services
Fleet Owners may access portions of Pinnico Cars’ website and mobile application (Pinnico Cars Portals) by creating an account. Account creation will be required to register with and sign in to the Services to access vehicle booking marketplace features. Fleet Owners are responsible for maintaining the confidentiality of Fleet Owner’s username, password, and other information used to register and sign in to Pinnico Cars’ Portals and are responsible for all activities that occur under this username and password. Fleet Owner agrees that all information provided will be accurate, complete, and current.
Pinnico Cars makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in its websites and/or applications and shall have no liability for any direct, indirect or consequential damages and/or injuries of any kind arising from such content or information. Fleet Owner further acknowledges and agrees that Pinnico Cars shall not be responsible or liable, directly or indirectly or consequentially, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites and/or applications.
Pinnico Cars reserves the right at any time to modify or discontinue, temporarily or permanently, Pinnico Cars’ Services or any part thereof with or without notice. Fleet Owner agrees that we shall not be liable to Fleet Owner or to any third party for any modification, suspension, or discontinuance of Pinnico Cars’ Services or any part thereof.
Pinnico Cars is an automotive technology platform that offers a vehicle-booking marketplace that connects fleet owners with rideshare drivers who wish to book a vehicle to use for ride-share driving. Accordingly, any and all Vehicle Rental Agreements entered into with a Driver are directly between Fleet Owner and the Driver booking the car.
Pinnico Cars’ technology platform is for the purpose of facilitating the transaction between Fleet Owners and Drivers. As such, Fleet Owners agree to indemnify and hold harmless Pinnico Cars for the quality or safety of the vehicles Fleet Owner lists on the vehicle marketplace nor can Pinnico Cars guarantee the truth or accuracy of any listings including the completion of any payment obligations.
To use the Services, Fleet Owners must create an account by providing complete and accurate information and documentation, including (but not limited to) Fleet Owner’s name, driver’s license and other identifying information, any business entity information, passed a background check or will comply with one, and a valid email address and password (collectively, a “User Account”). Fleet Owner must be at least 21 years of age and hold a valid driver's license to create a User Account.
When a Fleet Owner sets up a User Account, they agree to allow Pinnico Cars to conduct a background check, which may include a criminal background check that is consistent with the Fair Credit Reporting Act, and any other consumer protection or other laws that may apply. Pinnico Cars reserves the right to decline, restrict, or otherwise take action against Fleet Owner and Fleet Owner’s User Account based on any information included in any such background or credit check, including for any breach of this Agreement and/or Pinnico Cars’ Services. Pinnico Cars may terminate or restrict Fleet Owner’s User Account for any or no reason at any time.
Fleet Owner’s Responsibilities
In connection with using and accessing the Services, Fleet Owner agrees:
To abide by Pinnico Cars’ rules and policies;
To abide by all local, state, and federal laws and regulations;
To honor the agreement a Fleet Owner makes with Drivers;
That each vehicle shall meet the requirements of Pinnico Cars vehicle guidelines;
To honestly represent itself and its vehicle(s) in Fleet Owner’s listing(s) and communications with Pinnico Cars and other users;
To honestly represent any claims or allegations of damages;
To work in good faith to resolve any disagreement with Pinnico Cars and other users; and
In connection with using and accessing the Services, Fleet Owner agrees that they will not:
List, publish or communicate inappropriate or false content, including content that is inaccurate, offensive, defamatory, or otherwise inappropriate;
Assign or transfer Fleet Owner’s User Account to any other entity or person;
Take any action to circumvent the Pinnico Cars Services, including completing, initiating, arranging, or executing any transactions between an Owner and a Driver outside the Pinnico Cars platform;
Harvest or use the information Fleet Owner receives from other Pinnico Cars users or otherwise use any robots, spiders or other data collection or scraping tools to collect information about Pinnico Cars or its users;
Distribute spam or other unsolicited marketing communications to users of Pinnico Cars or anyone else using the technology or Services of Pinnico Cars
Infringe any intellectual property rights including trademark, copyright, patent, publicity, and moral that belongs to or are licensed by Pinnico Cars. This includes reproducing, copying, reverse engineering, or otherwise preparing derivative works from content belonging to, or licensed by, Pinnico Cars.
There is no fee for Fleet Owners to list their vehicle(s) on the Pinnico Cars platform. Fleet Owners will be paid an agreed-to percentage of the vehicle booking fee, as set forth in Fleet Owner’s account details within the Pinnico Cars Portal.
Drivers and Fleet Owners will enter into a Vehicle Rental Agreement that will specify the terms of the rental including the duration, costs, fees, and other relevant information. Pinnico Cars will charge a fee, payable by the Driver and Owner, equal to a specified percentage of the aggregate Vehicle Rental Agreement price. Drivers and Owners will be notified of the amount owed to Pinnico Cars before completing the booking and Vehicle Rental Agreement process.
Listing Requirements/Platform Standards
Fleet Owners who list a vehicle on the Pinnico Cars platform agree to comply with the following:
To be accurate and truthful in all descriptions of Fleet Owner’s vehicle(s).
To use current photographs of the vehicle(s) that will be listed.
To maintain only one active listing, per vehicle, at a time.
Fleet Owners are not permitted to use Pinnico Cars to contact each other to make offers to book vehicles outside of Pinnico Cars. Fleet Owner cannot use information obtained from Pinnico Cars or any Pinnico Cars system to contact each other about booking outside of Pinnico Cars.
If Fleet Owner receives an offer to rent a vehicle outside Pinnico Cars, Fleet Owner shall report it immediately to Pinnico Cars by email at firstname.lastname@example.org If Fleet Owner fails to follow these requirements, Fleet Owner may be subject to a range of actions, including limits on Fleet Owner’s access to Pinnico Cars’ Services, restrictions on listings, suspension of Fleet Owner’s account, application of fees, and recovery of Pinnico Cars’ expenses in policy monitoring and enforcement, and legal action.
Fleet Owners further agree that they will enter into, and adhere to, a Vehicle Rental Agreement when transacting with the booking party as part of using the Pinnico Cars Services. This Vehicle Rental Agreement will cover terms including pricing, fees, liability for any traffic and/or parking violations, issues related to the use of the vehicles and any damage related to that use.
Fleet Owners and Drivers are expected to resolve any disputes, including alleged damage or other issues, directly with one another.
The name Pinnico Cars and Pinnico Cars’ marks, logos, designs, and phrasing used in connection with Pinnico Cars’ Services are trademarks, service marks, or trade dress of Pinnico Cars in the United States may not be used without the prior and express written permission of Pinnico Cars.
By submitting to us any comment or testimonial, Fleet Owner grants to us and Pinnico Cars’ designees, successors, assignees, and licensees the irrevocable, royalty-free right to publish, disseminate, and use Fleet Owner’s name and likeness, as well as Fleet Owner’s comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented.
The parties acknowledge and agree that per the Vehicle Rental Agreement, Drivers may be required to make a deposit to offset potential late insurance fees, late payments, damage and/or vehicle recovery costs. Drivers will receive a full refund of their deposit within thirty (30) business days if the car has been returned on time and in good condition.
The parties acknowledge and agree that per the Vehicle Rental Agreement and as part of the Services, Pinnico Cars provides limited insurance to Drivers and Fleet Owners. The Minimum Age requirement for Drivers is 21 years old (Subject to an acceptable driving record in Pinnico Cars’ sole discretion).
The parties acknowledge and agree that Pinnico Cars currently has a $2,500 Auto Liability deductible and $2,500 Auto Collision deductible, which may change at any time.
The parties acknowledge and agree that Pinnico Cars insurance is valid in partnership with the insurance provided by the TNC or delivery service. Therefore, if a Driver does not hold an account with a TNC or delivery service, Driver may be denied coverage by Pinnico Cars insurance and could be held fully liable for any and all damages. Pinnico Cars is not liable if TNC insurance denies any claims for whatever reason.
The parties acknowledge and agree that insurance information will be delivered to Driver and Owner at the time of booking. Pinnico Cars Insurance is limited to caps of $100,000 in liability insurance and $20,000 in physical damage insurance per incident. Deductible amounts will be paid by the Driver for all physical damage claims.
The parties acknowledge and agree that Pinnico Cars’ insurance policy serves as the primary insurance when a Driver has picked up a vehicle from an Owner and when the Driver has a TNC application turned-on. The Pinnico Cars insurance is secondary when the Driver is engaged in a ride facilitated by a TNC or delivery service (as soon as a ride/delivery is accepted). In order to qualify for the insurance provided by a TNC, the following condition must be met:
For any covered vehicle, coverage shall only apply if the vehicle driven by the Driver at the time of loss was insured for Collision and/or Comprehensive Coverage under any:
1. Personal auto insurance policy
that includes the Driver as an “insured”; or
2. Personal auto insurance policy that includes the “auto” driven by the Driver as a covered “auto.”
The parties acknowledge and agree that Pinnico Cars insurance does not replace an Owner’s requirement to maintain personal or other insurance as required by law. Pinnico Cars insurance will not provide any state filings for Fleet Owner to obtain a vehicle plate or to annually renew a sticker or other state requirement. Pinnico Cars will also not prepare or submit any state filings, which may be required in the case of any accident or vehicle damage.
The parties acknowledge and agree that Pinnico Cars insurance only provides limited insurance while temporarily operating on the Pinnico Cars platform. Drivers and Owners are otherwise responsible for obtaining and maintaining any and all insurance each deems to provide appropriate coverage and policy limits.
The parties acknowledge and agree that PinnicoCars.com shall not provide comprehensive or collision coverage on the vehicle, unless the Fleet owner has the same coverage and terms on their personal auto policy.
If Fleet Owner applies, is accepted, and is using Pinnico Cars’ period X policy:
The parties acknowledge and agree that the Fleet Owner, when insured, agrees to store any rented vehicle in a safe secured area. Vehicles may not be parked on a street while period X coverage is active.
Terrorism, assault, and battery are specifically excluded.
Co-Insurance. The parties acknowledge and agree that if a vehicle’s “Actual Cash Value” is greater than $20,000, co-Insurance shall apply, which reduces the amount Pinnico Cars shall pay for a claim. Fleet Owner is required to contact Pinnico Cars if a given Fleet Owner vehicle is valued at more than $20,000 or if a Fleet Owner has any questions. All vehicles will be limited to $20,000 in value for collision.
The parties acknowledge and agree that Fleet Owner is charged with the knowledge of the contents of applicable insurance policies including excluded claims (e.g. this policy excludes Drivers while operating an Uber, Lyft, or other Rideshare or delivery companies).
The parties acknowledge and agree that the vehicles not rented out may not be used for business or personal use. Leased vehicles must not be used as Fleet Owner’s service vehicles or for personal use. Fleet Owner shall purchase other insurance for such vehicles.
Fleet Owners must notify Pinnico Cars to suspend any insurance coverage on a vehicle (though Fleet Owner must maintain at least one vehicle on a policy). The parties acknowledge and agree that suspending coverage is allowed if a vehicle will be out of service for a lengthy period of time. While vehicle is “Suspended” there is no insurance coverage provided.
The parties acknowledge and agree that collision and specified perils do not cover vehicles that are 10 years old or older.
Fleet Owner shall consent to the use of an electronic tracking device in any Fleet Owner vehicle.
Fleet Owner agrees to install a GPS tracking device in all Fleet Owner’s vehicles listed on Pinnico Cars sites. Fleet Owner shall agree that any failure to install, activate, or actively maintain such GPS tracking device in good working order is a violation of this Agreement and a basis for denying any claims against Pinnico Cars or its insurer. The parties acknowledge and agree that such failure is also a basis for immediate termination of Fleet Owners User Account.
Requited Items to Bind Coverage:
1. A completed, signed, and dated application.
2. A list of all independent contract drivers that may be driving for routine service - include first & last name, dates of birth, and driver’s license number. This does not include a professional repair facility that has his or her own Garage Insurance.
3. A list of all vehicles – include year, make, model, VIN, and seating capacity.
The parties acknowledge and agree that Drivers and any guest passenger do not have Underinsured Motorist Coverage, but no rights against a negligent third party for damages are waived.
Pricing and Product Descriptions
The parties acknowledge and agree that although Pinnico Cars will make reasonable efforts to provide accurate pricing information and services descriptions, pricing mistakes, typographical errors, or mistakes regarding vehicle availability may occur. Pinnico Cars reserves the right to correct such mistakes and errors. In the event that a service is listed at an incorrect price or a vehicle availability description is inaccurate, Pinnico Cars shall have the right, in its sole discretion, to reject any order or to cancel any orders placed for that vehicle or service.
Upon termination of Fleet Owner’s access to or ability to use Pinnico Cars’ Portals and Services, including but not limited to suspension of Fleet Owner’s User Account, Fleet Owner’s right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Fleet Owner’s access to and use of Pinnico Cars’ Portals and Services shall not relieve Fleet Owner of any obligations arising or accruing prior to such termination or limit any liability. Fleet Owner may terminate Fleet Owner’s User Account under this agreement at any time by emailing email@example.com.
This Agreement represents Pinnico, LLC. trustees, directors, officers, shareholders, subsidiaries, employees, attorneys, and agents. If, and to the extent, an action of any kind is brought against any such person or entity on account of Pinnico Cars’ Services or any communications and interactions with Pinnico Cars services, such persons or entities shall have all of the protections afforded by this Agreement, including any dispute resolution procedure.
WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this lease.
ENTIRE AGREEMENT AND MODIFICATION. This agreement constitutes the entire agreement between the parties. No modification or amendment of this agreement shall be effective unless in writing and signed by both parties.
INDEMNIFICATION. Fleet owner agrees to indemnify and hold harmless the Pinnico Cars from any loss; fines, liens, claims and expenses resulting from the maintenance and use of the vehicle.
ARBITRATION. Any controversy or claim relating to this Agreement, including the construction or application of this agreement, will be settled by binding arbitration under the rules of the American Arbitration Association, or similar dispute resolution service, and any judgment granted by the arbitrator(s) may be enforced in any court of proper jurisdiction.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of Illinois.
SIGNATORIES. This Agreement is executed by Pinnico Cars and by Fleet owner. This Agreement shall be effective as of the date of creation of an owner account: