BORROW TERMS OF SERVICE

Last Modified: June 13, 2025

1. KEY PRINCIPLES

• This Agreement applies to your use of the Borrow Services, whether you are a Borrower or an Earner. You should read this entire Agreement carefully before agreeing to it.
• Uber operates the Uber Borrow peer-to-peer carsharing platform that can be used by Earners to share their Vehicles with Borrowers.
• Uber itself does not own, share, borrow, rent, lease, or otherwise possess Vehicles.
• Borrow includes insurance coverage for the shared vehicle, although Uber is not an insurance provider or broker.
• Earners are responsible for making sure Vehicles are safe to use, and Borrowers are responsible for operating Vehicles safely. The same is true for optional equipment like car seats, roof racks, etc.
• Vehicle Borrowers cannot let anyone else drive the Vehicle. Doing so will void any insurance coverage applicable to the Borrower that is included in Borrow.
• Vehicle Borrowers are responsible for paying any tolls and tickets incurred during a Booking Period in full. Borrowers must also return the Vehicle to the Earner at the end of a Booking Period with at least ¼ tank of fuel.
• By accepting a Booking, an Earner agrees to deliver their Vehicle to Borrower at the designated time and location for delivery and return.
• Section 8 of this Agreement includes a process for resolving disputes individually through arbitration. Any dispute you have with Uber will be resolved by an arbitrator, not a court.
• This Agreement and the Policies, to the extent they delineate the responsibilities and obligations of the Earner and the Borrower towards each other as part of the Services, are hereby incorporated into and form a part of the carsharing agreement between the Earner and the Borrower (“Carsharing Agreement”).

2. SERVICE ACCESS

• The Borrow Terms of Service (the “Agreement”) govern your access and use of the portal and associated services (“Uber Borrow”, “Borrow” or the “Services”) made available by UberTech Carshare ​​Canada, Inc. a company registered under the laws of Canada (hereinafter referred to as, “Uber Canada”) and its corporate affiliate Uber International Technologies Corporation, a corporation incorporated under the laws of Delaware, U.S.A. (“UITC”, collectively with Uber Canada, “Uber”, “we”, “our”, or “us”).
• PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND UBER. IT INCLUDES A PROCESS FOR RESOLVING DISPUTES INDIVIDUALLY THROUGH ARBITRATION IN SECTION 8 BELOW. In the Agreement, the words "including" and "include" mean "including, but not limited to."
• UITC provides a royalty-free license to Uber Canada to use an online portal, website, mobile application and associated technology. Uber Canada provides support, marketing, lead generation and related services that enable and facilitate the sharing of vehicles (together the “Services”) which together form a peer-to-peer carsharing platform that enables eligible users who have signed-up via the Uber Driver App to share vehicles they own or otherwise legally possess (“Earners”) with third-party individuals who may make a Booking to reserve a shared a Vehicle (“Borrowers”, and collectively with Earners, “Users”).
• When an Earner accepts a Booking (as defined in Section 3) from a Borrower, Earner and Borrower are entering into a contract directly with each other. Uber is not and does not become a party to or other direct participant in any contractual relationship between Earner and Borrower.
• You warrant that all information provided by you to us or any of our affiliates, including without limitation your name, address, driver’s license, and contact information, is true and correct. At any time when using the Borrow platform, you must ensure that all information provided by you is current and up to date.
• We do not control the condition of any vehicle listed by an Earner on the platform (including its standard modifications and accessories as supplied by the manufacturer, keys, remote opening devices and any tolling device) (a “Vehicle”), or the actions of any active User of the platform, nor do we guarantee the accuracy of the information provided by Users and included in any profiles or otherwise made available to you. You are solely responsible for your actions and inactions in relation to your use of the Service and your interactions with other Users.
• You permit Uber and our affiliates to verify your identity to confirm that the personal information you provide to Uber, including the information you provide in your identity document as evidence of your identity is true and accurate. You authorize Uber to share your personal information with other Users solely to facilitate peer-to-peer carsharing in connection with this Agreement.
• Uber may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to Borrow or any portion thereof, at any time for any reason. Termination of this Agreement does not affect any accrued rights or liabilities up to and including the date of termination.
• YOU ACKNOWLEDGE THAT YOUR ABILITY TO LIST OR OBTAIN THE USE OF SHARED VEHICLES DOES NOT ESTABLISH UBER OR ITS AFFILIATES AS A (1) RENTAL CAR COMPANY, (2) PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES, (3) INSURANCE COMPANY OR BROKER, (4) TRANSPORTATION CARRIER, OR (5) RETAIL PAYMENTS SERVICE PROVIDER. YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE SHORT OR LONG-TERM VEHICLE LEASES.

3. BOOKING LENGTH; VEHICLE DELIVERY

• Uber will take reasonable steps to verify that a User has a valid, current driver’s license and that any Vehicle that an Earner makes available for sharing is appropriately registered.
• Borrowers may request to reserve Vehicles owned or otherwise lawfully possessed by Earners (“Bookings”). Bookings must be either six (6) hours or twenty-four (24) hours in duration (the “Booking Period”). Bookings for any other length of time are not available on Uber Borrow, unless Uber explicitly states otherwise in writing.
• Borrow facilitates “on-demand” requests for Bookings. Bookings may only be scheduled in advance to the extent that capability is enabled on the Borrow platform.
• When an Earner accepts a Booking request from a Borrower, the Earner agrees to deliver the Vehicle to and from the designated pick up and drop-off location(s) selected by the Borrower at the designated times.
• Returning the Vehicle to the Earner before the end of the Borrow Period (“Early Returns”), requires coordination and agreement between the Borrower and Earner through the Uber app. Borrowers initiating Early Returns are not entitled to a refund or credit. Where an Earner initiates an Early Return, Uber may issue a full or partial refund or credit to the Borrower.

4. INCORPORATION OF POLICIES; CHANGES TO THIS AGREEMENT

• This Agreement, the Borrow Damage Policy (“Damage Policy”), the Uber Privacy Notice applicable to Borrowers and the Uber Privacy Notice applicable to Earners (“Privacy Notice”), and the Borrow Fee Schedule (“Fee Schedule”), as applicable (collectively the “Policies''), and any referenced terms and conditions, form your written agreement with Uber. You may view the current versions of the Policies via the Uber website (“Website”).
• Your access and use of the Services is also governed by Uber’s General Terms of Use, Non-Discrimination Policy and Uber’s Community Guidelines, as well as all other applicable terms, conditions, policies, limitations and requirements for accessing the Uber Marketplace Platform. Terms not expressly provided for herein are governed by these other terms and the Policies. If there is any inconsistency between the terms of the Agreement and the other terms and Policies, or any other referenced terms and conditions, the terms of this Agreement will prevail to the extent of any inconsistency for Borrow Services only.
• The terms of this Agreement and the Policies, may be changed at any time by posting changes on the Website. Your continued access or use of the Service after receiving notice of changes or updates constitutes your consent to be bound by the updated Agreement and Policies as amended. Uber will provide written notice of any changes to you at the email address associated with your User account.
• You acknowledge and agree that Uber may choose to assign or delegate the performance of its obligations, including obligations relating to payments, to its corporate affiliates or its service-providers.

5. PAYMENT METHODS

• In order to book or list a Vehicle on Borrow, you will be required to provide a valid payment method. All Charges (as defined in Section 16) and payments will be enabled by Uber using the preferred payment method designated in your account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may use another available payment method in your account. Uber Cash and Uber Gift Cards are accepted as a payment method. When you add a payment method to your account, you authorize us and our payment service providers to collect and store your payment method information. Any payment method added by you will be automatically saved to your Uber wallet. You can add multiple payment methods to your wallet, and you agree that Uber may charge any of these payment methods for any future transactions or Charges.
• Refunds. Charges paid by you are final and non-refundable, unless otherwise set forth in the Policies (as that term is defined in Section 4) or as determined by Uber and the Earner assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please contact support to initiate such requests.

6. PRIVACY & COMMUNICATIONS

• Uber’s collection and use of personal information in connection with the Services is provided for in Uber’s Privacy Notice located here (applicable to Borrower) and here (applicable to Earners). By entering into this Agreement and by providing us personal information, you represent to us that you have read the terms of the Privacy Notice. The terms of the Privacy Notice form part of this Agreement. The Privacy Notice sets out how we collect, use, store and disclose your personal information. UITC is the data controller for Canadian Users’ personal data.
• You agree that Uber, or our affiliates, may provide your name and Uber rating to a User if you have made a Booking to use their Vehicle or if they have made a Booking to use your Vehicle. You must not use the information of other Users for any purpose unrelated to Uber Borrow.

7. ASSIGNMENT, WARRANTY, LIMITATION OF LIABILITY, OTHER TERMS

• You may not assign this Agreement without Uber’s prior written approval. Uber may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by business combination. Any purported assignment by you in violation of this Section shall be void.
• Invalidity of any provision of this Agreement does not affect the rest of this Agreement. The parties shall replace the invalid or non-binding provision with provision(s) that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
• Other than the limited collection agent created pursuant to Sections 16 and 21 or where this Agreement expressly states otherwise, this Agreement does not create a relationship of employment, trust, agency, or partnership between the parties.
• We reserve the right, but have no obligation, to monitor or assist the resolution of disputes between you and other Users.
• WE PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT GUARANTEED TO RESULT IN ANY VEHICLE SHARING REQUESTS. UBER EXPLICITLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR PLATFORM OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, THAT IT WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR ACCESS TO OUR PLATFORM.
• TO THE EXTENT PERMITTED BY LAW, NEITHER UBER NOR ANY OF OUR VENDORS, AFFILIATES, PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE UBER WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, LOST DATA, PERSONAL INJURY, PROPERTY OR OTHER DAMAGE, LOSSES OR OTHER COSTS SUFFERED, INCURRED OR PAID BY YOU RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE, INABILITY TO USE, OR DELAY, REGARDLESS OF THE ACTS, ERRORS, BREACHES, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATION, TORT, STRICT LIABILITY, OR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER OR WHOLLY OR PARTLY ATTRIBUTABLE ANY OF OUR BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) OR ANY CANCELLATIONS, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• YOU ASSUME EXPOSURE TO AND RISK OF ANY DAMAGE, LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF UBER BORROW.
• THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
• This Agreement and the Policies shall be exclusively governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

8. ARBITRATION AGREEMENT

• IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.
• ARBITRATION REQUIREMENT. Unless prohibited by law, all disputes arising out of or relating in any way to: i) these Borrow Terms and the Policies, ii) the Services, iii) your access to or use of Uber Borrow, or iv) advertisements, promotions or oral or written statements related to Uber Borrow will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”), in accordance with the arbitration provision in the General Terms of Use.
• CLASS ACTION WAIVER. The class action waiver provision in the General Terms of Use also applies to disputes in relation to i) these Borrow Terms and the Policies, ii) the Services, iii) your access to or use of Uber Borrow, or iv) advertisements, promotions or oral or written statements related to Uber Borrow, to the extent permitted by applicable law.

BORROWER TERMS

9. BORROWER GENERAL TERMS; LIABILITY; INDEMNIFICATION

• If you are a Borrower, then in addition to Sections 1–8, these Sections 9–16 apply to your use of the Services.
• Some information from your Uber user profile, such as your profile photo (if any), name, and Uber rating, may be made available to Earners if you request a Booking for their Vehicle. You are responsible for maintaining the currency of your own Uber user profile on the Uber App. You must ensure that any information you have entered in your Uber user profile is correct, complete and not misleading.
• You agree to pay: any fee applicable to the Services that you have selected or any additional fees, charges, and penalties in accordance with the Fee Schedule and the Damage Policy.
• ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY.
  • IF YOU CHOOSE TO USE THE SERVICES, OR MAKE A BOOKING, YOU DO SO AT YOUR OWN RISK. WE ARE NOT LIABLE AND YOU WAIVE, RELEASE, AND FOREVER DISCHARGE US AND ANY OF OUR AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES OF EVERY KIND, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE), LOSSES AND CAUSES OF ACTION (WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT), OF ANY KIND OR NATURE (INCLUDING WITHOUT LIMITATION, THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS), WHICH YOU HAVE OR MAY HAVE IN THE FUTURE, INCLUDING COURT COSTS, LEGAL FEES AND LITIGATION EXPENSES THAT MAY ARISE OUT OF, OR RESULT FROM THE USE OF THE SERVICES, YOUR BORROWING OR USE OF A VEHICLE, OR YOUR USE OF ANY CAR SEAT, ROOF RACK, BICYCLE RACK, OR OTHER EQUIPMENT PROVIDED BY AN EARNER.
  • INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UBER AND ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use or reliance on the Borrow platform or any Services; (ii) your use of Vehicles or your use of any optional Vehicle features (including, but not limited to, car seats, roof or bicycle racks); (iii) your violation of any law, rule, or regulation of a province, of Canada, or of any other country or region; (iv) your interaction with other Users; (v) your breach or violation of this Agreement or the Policies; (v) Uber’s use or reliance on any User content, photographs, or other information you provide; or (vi) your violation of the rights of any third party.

10. LIABILITY FOR DAMAGE AND LOSS

• If you borrow a Vehicle, it must be returned to the Earner in the same condition that it was in at the start of the Booking.
• As set out in the Damage Policy and Fee Schedule, Borrowers are responsible for all damage to the Vehicle that occurs during the time you are in possession of the Vehicle regardless of whether you caused it or not, including but not limited to damage and loss arising from theft of the Vehicle, fire damage to the Vehicle, and towing charges including storage (up to 72 hours) and recovery charges (the foregoing collectively, “Damage and Loss”); excluding Wear and Tear. See the Damage Policy for details regarding Wear and Tear.
• If you borrow a Vehicle, you must follow the requirements of the Damage Policy. Failure to do so may mean that you will be deemed under the Damage Policy to have caused, and be liable to the Earner and Uber for, any Damage and Loss or untidiness to the Vehicle, even if that Damage and Loss or untidiness may have occurred before or after you had possession of the Vehicle.
• You acknowledge and understand that recording the condition of shared Vehicles is strongly recommended as part of your use of Uber Borrow. While not mandatory, it is in your best interest to document the Vehicle’s condition, as you may be held responsible for any unrecorded damage. In the event of a dispute, you may be required to provide evidence demonstrating that the Vehicle was not damaged while in your possession. See the Damage Policy for details.
• As a Borrower, you agree that any personal automobile insurance you maintain will be the primary insurance and that any coverage that is included as part of the Service will be in excess of your personal automobile insurance.
• You will receive information regarding auto liability insurance that is provided to you as part of the Service. To receive the benefit of any applicable coverage available under the insurance, Borrowers must make a claim in accordance with the terms of that insurance, beginning with providing notice of the incident to Uber by contacting Uber support in-app.
  • If your claim under the auto liability insurance policy is approved, you will only be required to pay the amount of any Damage and Loss liability for third party damage not indemnified under the auto liability insurance policy.
  • If you fail to make a claim under the auto liability insurance policy within three (3) business days of Damage and Loss being reported to us, then you authorize us to make a claim in your name.
  • If your claim under the auto liability insurance policy is denied, we will charge your payment method for the full amount of your Damage and Loss liability and/or amount for third party liability. You will be promptly notified of the details of the Damage and Loss and the amount to be charged.
  • If you are required to pay the full amount for your Damage and Loss liability and you dispute the Damage and Loss liability or the amount charged, you must still pay the amount determined, but may contact us to attempt to resolve the dispute.

11. BORROWER ELIGIBILITY AND USE OF VEHICLES

• Uber retains discretion as to who may use or access the Services, acting reasonably and in accordance with human rights requirements. Borrower eligibility criteria include the following:
  • Hold a valid, full driver’s license;
  • Be 25 years of age or older;
  • Have a verified email and phone number on file with Uber;
  • Have a credit card on file with Uber;
  • Maintain a minimum Uber rating above a certain threshold;
  • Have completed over a certain number of trips on Uber; and
  • Additional requirements that may be communicated by Uber from time to time.
• You must: (i) confirm the beginning and end times of any Booking Period that you make before you begin using a Vehicle; (ii) only use an Earner’s Vehicle during the Booking Period for which you have a confirmed Booking; (iii) pay the Booking fee and any fees set out in the Fee Schedule in connection with your Booking (even if you collect the Vehicle after the start of the Booking Period, return it before the end of the Booking Period, or do not use it at all during the Booking Period) (iv) pay the charges set out in the Fee Schedule if you use the Vehicle outside of the Booking Period or fail to return the Vehicle to the proper location at the agreed time.
• Uber may cancel a Booking at any time for any reason without prior notice and without any liability to you.
• At the start of a Booking Period, and before driving the Vehicle, we strongly recommend that you take photographs that clearly show the condition of all interior and exterior surfaces of the Vehicle in case of any claims of Damage and Loss. If you cannot prove that the Vehicle was damaged when you picked it up, you could be held responsible for the damage.
• As a Borrower:
  • You must not attempt to access a Vehicle without a valid Booking for that Vehicle; and
  • You MUST NOT permit someone else to drive a Vehicle that you have booked. Allowing anyone else to operate the Vehicle will void any auto insurance coverage that may be provided to you by Borrow, meaning you will personally be liable to pay any and all damages to the Earner, to Uber, or to third-parties arising from your use of Uber Borrow or the Vehicle. Permitting unauthorized drivers will immediately result in removal of your access to Uber Borrow, and your general Uber account may also be deactivated.
• You must not operate the Vehicle if your driver’s license has expired, has been suspended, or is of a class or category that does not permit you to drive the Vehicle.
• If you are a Borrower, you agree not to request or have a Vehicle delivered to or picked up from any airport. You also agree not to take the Vehicle outside of the United States and Canada.
• You agree not to allow any animals to enter a Vehicle. Service animals are exempt from this policy, unless animals would cause the Earner undue hardship (e.g., a medically documented severe allergy).

12. ACCIDENTS, THEFT, AND BREAKDOWNS

• If you are a Borrower and a Vehicle is damaged, breaks down, is involved in a collision, or is stolen during your Booking Period, you must follow the reporting, claims processing, and repair procedure set out in the Damage Policy and this Section.
• You must report any damage, accident, or theft to us within 48 hours after it occurs, even if you are not sure whether the Vehicle or other property was damaged. Provide notice of the incident to Uber by contacting Uber support in-app. You must also provide all information reasonably requested concerning the accident or theft within 48 hours of any request, and deliver a correctly completed collision or damage report form, including any police witness statements or reports, to us within 48 hours after the accident or theft.
• You agree to assist us in respect of any claim or action brought in respect to any accident or theft of the Vehicle.
• If a Vehicle suffers a mechanical fault or breakdown while you are driving it, you must: (i) immediately pull the Vehicle over to a safe location, if it is safe and possible to do so, and refrain from continuing to drive the Vehicle; (ii) promptly report the issue by messaging Uber support; (iii) wait at a safe location at or near the Vehicle until the Earner or other authorized help arrives; (iv) contact the Earner through in-app communications to inform them of the situation and arrange for them to retrieve the Vehicle from its current or future location; and (vi) return the keys to the Earner.
• You must not attempt to jump start the Vehicle or use the Vehicle to jump start any other vehicle.
• If the Vehicle needs to be towed due to damage or any other issue caused by your actions while you had possession of it, you are responsible for all towing costs, including storage (up to 72 hours) and recovery costs.
• Neither we nor the Earner will provide any compensation or reimbursement for costs or losses you incur as a result of a Vehicle being inoperable or unavailable for any reason.

13. REFUELLING

• You must return the Vehicle at the end of the Booking Period with at least ¼ tank of fuel. If the Vehicle has less than ¼ tank of fuel at the end of the Booking Period, you may be charged a fee pursuant to the Fee Schedule.
• You must fill the fuel tank with gasoline. You will be fully liable to the Earner for the costs of removing the wrong fuel type from the Vehicle and any damage caused by using the wrong fuel type.

14. VEHICLE PICK UP AND RETURN

• To pick up the Vehicle from the Earner at the start of the Booking Period, you must: (i) meet the Earner at the designated pick up location at the designated time; and (ii) verify the Earner’s identity by matching your Uber supplied PIN number with theirs.
• At the end of the Booking Period, you must: (i) return the Vehicle to the drop-off location designated in your Booking; (ii) ensure that the fuel tank is at least ¼ full; (iii) ensure that the vehicle is no less clean and tidy than when you started the Booking Period; (iv) ensure that you have removed all of your personal possessions from the Vehicle; (v) wait with the Vehicle until the Earner arrives; (vi) verify the Earner’s identity by matching your Uber supplied PIN number with theirs; (vii) return the Vehicle keys to the Earner; and (vii) comply with any other reasonable requests or instructions given by the Earner or Borrow.
• We strongly recommend that you take photos to document the condition of all interior and exterior surfaces of the Vehicle at the start and end of the Booking Period.
• Early Returns require coordination and agreement between the Borrower and Earner through the Uber app. Borrowers initiating Early Returns are not entitled to a refund or credit. Where an Earner initiates an Early Return, Uber may issue a full or partial refund or credit to the Borrower.
• Late fees may apply if you return the Vehicle after a Booking Period has ended. Please see the Fee Schedule for details.
• If you use a Vehicle outside of a valid Booking Period, including if you fail to return the Vehicle and its key within 6 hours after the end of the Booking Period, this will be taken to be a theft of the Vehicle and we or the Earner may: (i) report the Vehicle as being stolen; and/or (ii) take steps to locate, recover and repossess the Vehicle, or engage a third party to recover the Vehicle, without further notice to you. You will be responsible for the costs of such recovery and repossession.

15. LIABILITY FOR PARKING, DRIVING OFFENSES, AND TOLLS

• As a Borrower, you assume liability for any traffic, motor vehicle, or parking offenses in relation to an incident occurring during a time which you have possession of a Vehicle, or as a result of your failure to leave the Vehicle in a legal, unrestricted parking space at the end of a Booking Period (“Offenses”). You are responsible to the Earner for payment of any fines, fees, or tolls resulting from Offenses, and any points resulting from Offenses will accrue to your driver’s license.
• You must pay in full, for the benefit of the Earner, any fines, fees, or costs associated with any Offenses for which you are responsible on or before the date that payment is due. If we, our affiliates, the Earner receives a citation or other information related to an Offense that you are responsible for, then: (i) we, our affiliates, or the Earner may inform the relevant agency that you were the driver of the Vehicle at the time of the Offense and the agency may then may assign liability to the offense or amount owed to you; (ii) you consent to us and our affiliates providing your personal information to the Earner for the purpose of informing the relevant agency, or providing your personal information directly to the relevant agency.
• You will be responsible to the Earner for the full cost of recovery and any damage to the Vehicle should the Vehicle be damaged, seized, towed, or impounded while in your possession or as a result of your failure to leave the Vehicle in a legal, unrestricted parking space at the end of a Booking Period. These costs will be charged in addition to any additional fees resulting from a late return of the Vehicle.
• If the Vehicle is found illegally parked, apparently abandoned, or is used or obtained as prohibited under this Agreement, we may, after making reasonable attempts to contact you, recover the Vehicle or engage a third party to recover the Vehicle. To the extent permitted by law, you waive any right to any hearing or to receive any notice or legal process as a precondition of recovering the Vehicle. Nothing in this Section is intended to limit an Earner’s legal rights against a Borrower. You must pay us immediately on demand any costs reasonably incurred in recovering a Vehicle.
• You will be liable for payment of any amount charged by the operator of a toll road (“Toll”), including any penalties, fees, or other amounts charged in relation to the late payment of a Toll, incurred in relation to the use of a Vehicle during the period for which you have possession of that Vehicle. You should assume that a Vehicle does not have a toll transponder, unless the Earner explicitly tells you otherwise in writing.

16. FEES, COSTS AND PAYMENTS

• You agree to pay: (i) any fee applicable to the services that you have selected or any additional fees, charges, and penalties, including any cancellation fees, in accordance with the Fee Schedule and the Policies; (ii) all taxes on any of the amounts payable under this Agreement (“Charges”). Such Charges will be owed directly to Earners, and Uber will collect payment of those charges from you on the Earner’s behalf as their limited payment collection agent (pursuant to Section 21) (“Earner Payments''), and payment of the Charges is considered the same as payment made directly by you to Earner. There also may be certain Charges you incur that will be owed and paid directly to Uber Canada or its affiliates. Uber Canada reserves the right to establish or adjust Charges at any time. Uber Canada will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof.
• To calculate fees and charges, we will use billing information generated or received by us, which may include: (i) information collected as a part of the Booking; (ii) information recorded in photographs of a Vehicle; (iii) receipts submitted to us; and (iv) any other information that is relevant to determining the fees and charges applicable to your use of the Service.
• You understand and agree that Uber Canada acts as the Earner’s collection agent for the limited purpose of accepting and processing Earner Payments from you on behalf of such Earners. At the time your payment for a Booking or other payment to an Earner becomes due, you authorize Uber Canada (or its affiliate acting on Uber Canada’s behalf) to collect the payment you owe to Earner and process such payment to Earner in its capacity as limited collection agent of Earner.  You understand that your obligation to pay Earner for the payment is extinguished at the time your payment to Earner is collected by Uber Canada (in the amount paid by you) as if you had paid Earner directly. You will be provided a receipt for each payment successfully processed by Uber Canada, directly or by its affiliate(s), in its capacity as limited collection agent of Earner which in all legal respects is provided on behalf of Earner and legally binding upon Earner. In the event that Uber Canada does not remit any amounts paid by you through the Services to Earners, Earners will have recourse only against Uber Canada and will not have any recourse directly against you.

EARNER TERMS

17. EARNER TERMS: ELIGIBILITY; LIABILITY; INDEMNIFICATION

• In addition to Sections 1—8, these Sections 17—24 apply if you are an Earner who makes their Vehicle available on Borrow.
• Borrow retains discretion as to who may use or access the Services. Earner eligibility criteria include the following:
  • Hold a valid, permanent driver’s license of at least a Class 5 / full G or equivalent;
  • Maintain an active driver or delivery account on the Uber platform;
  • Maintain a minimum rating above a certain threshold;
  • Have completed over a certain number of trips with Uber; and
  • Additional requirements that may be communicated by Uber from time to time.
• Due to technical limitations of the Uber Borrow product, your driver account may not be able to receive any other type of Uber rideshare or delivery request during a Booking Period. In other words, an Uber Borrow Booking Period is incompatible with a concurrent rideshare or delivery trip
• IF YOU CHOOSE TO USE THE SERVICES, MAKE YOUR VEHICLE AVAILABLE OR ACCEPT A BOOKING THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE ARE NOT LIABLE AND YOU WAIVE, RELEASE, AND FOREVER DISCHARGE US AND ANY OF OUR AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES OF EVERY KIND, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE), LOSSES AND CAUSES OF ACTION (WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT), OF ANY KIND OR NATURE (INCLUDING WITHOUT LIMITATION, THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS), WHICH YOU HAVE OR MAY HAVE HAVE IN THE FUTURE, INCLUDING COURT COSTS, ATTORNEYS’ FEES AND LITIGATION EXPENSES THAT MAY ARISE OUT OF, OR RESULT FROM THE USE OF THE SERVICES, YOUR MAKING AVAILABLE A VEHICLE, THE USE OF YOUR VEHICLE BY A BORROWER, OR YOUR PROVISION OF ANY CAR SEAT, ROOF RACK, BICYCLE RACK, OR OTHER EQUIPMENT.
• INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UBER AND ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use or reliance on the Borrow platform or the Services; (ii) your making a Vehicle available through the Services or your provision of any optional Vehicle features (including, but not limited to, car seats, roof or bicycle racks); (iii) your violation of any law, rule, or regulation of a province, Canada, or any other country; (iv) your interaction with other Users of the Services; (v) your breach or violation of this Agreement or the Policies; (vi) Uber’s use or reliance on any user content, photographs, or other information you provide; or (vii) your violation of the rights of any third party.
• If your Vehicle is unregistered, unroadworthy or does not meet the Vehicle eligibility criteria set out in this Agreement at any time when it is made available for sharing through the Service, you will be liable, and agree to indemnify and hold us and any Borrowers harmless for any cost, loss, damage, fines, penalties, claims, or liability arising in relation to the use of your Vehicle.

18. VEHICLE ELIGIBILITY CRITERIA

• A Vehicle that is made available at any time for sharing through the Service must (unless we agree otherwise): (i) be lawfully registered in Ontario; (ii) be covered by an insurance policy that meets Ontario’s requirements for automobile insurance; (iii) be in a roadworthy condition at all times, and be in compliance with all laws and regulations required for the lawful operation of motor vehicles in Ontario, including but not limited to, compliance with safety or emissions inspections in accordance with any requirements of the department of motor vehicles or other regulator in Ontario; (iv) comply with all laws related to the operation or roadworthiness of personal motor vehicles in Ontario; (v) be well maintained, with maintenance properly scheduled and recorded using the applicable manufacturer’s maintenance schedule as a guide; (vi) be no more than 10 model years old (Uber reserves the right to adjust the vehicle age limit requirement in its discretion and without notice); (vi) not have been altered in a way that materially changes the performance, appearance, or purpose of the Vehicle; (vii) not be subject to an open vehicle safety recall, notice of defect or notice of non-compliance; (viii) not have been declared a total loss or have a salvaged or rebuilt title; (ix) have seating for a maximum of 8 passengers; (x) be a private passenger vehicle with four wheels; and (xi) have a market value less than C$65,000 (noting that we may also decline or remove Vehicles with a lower market value threshold from the Service, or require them to implement additional security measures, based on our security, insurance and risk management requirements).
• You agree that we and our affiliates may independently verify: (i) your Vehicle’s registration details; (ii) that your Vehicle meets all of the eligibility requirements set out in this Agreement; and (iii) if you are not the registered owner of your Vehicle, the registered owner has given you permission to make your Vehicle available for sharing through the Service. You are fully responsible for securing the owner’s permission to list the Vehicle for sharing through the Service and complying with the scope of any permission granted.
• You may not make a Vehicle available for pick up or drop off from or on the grounds of any airport.
• Dashcams and other recording and tracking devices are prohibited and must not be present in the Vehicle.

19. EARNER RESPONSIBILITIES

• As an Earner, you must: (i) ensure that the Vehicle is maintained in accordance with the requirements of Section 18. If Uber has any concerns about the safety or maintenance of your car, you may be required to provide proof of maintenance or roadworthiness, and your Vehicle may be suspended from the Service until acceptable proof is received; (ii) ensure that the Vehicle is safely operable by any Borrower, and not place in the Vehicle any modifications, devices, equipment or other items that may interfere with the safe operation of the Vehicle; (iii) check the amount of engine oil and coolant in the Vehicle at appropriate intervals and maintain them at the levels recommended in the Vehicle manufacturer’s specifications; (iv) ensure there is a serviceable spare tire available at all times along with the necessary tools to change the wheel (unless the Vehicle is fitted with runflat tires); (v) maintain the correct registration for the Vehicle and comply with any laws or regulations applicable to making your Vehicle available for carsharing on Borrow; (vi) follow any direction given by us or our affiliates in relation to sharing your Vehicle that, in our reasonable view, is necessary to avoid harm to our reputation and brand; (vii) ensure that the fuel tank is more than 3/4 full at the start of any Booking Period; (viii) ensure that the Vehicle is clean at the start of each Booking Period, and does not smell like smoke; (ix) ensure that any dashcams or other recording or tracking devices are removed from the Vehicle; (x) ensure that at all times during a Booking Period the Vehicle’s government issued registration document and insurance documents that demonstrate the Vehicle is in compliance with the laws of the province or territory of registration are available in the Vehicle.
• You must be contactable by phone and able to respond to questions at all times during a Booking Period.
• Earners must document the condition of the Vehicle with photos at the start and end of a Booking Period, which shall include the interior and exterior surfaces of the Vehicle and the odometer. If Earners fail to document the condition of the Vehicle as required under the Damage Policy, they may complicate and potentially hinder their ability to receive compensation for damage.
  
• Earners are responsible for reporting any damage to Uber within forty-eight (48) hours after the end of the Booking Period in which the damage is incurred. Earners are responsible for the cost of any damage to the Vehicle incurred during a Booking if they do not report the damage to Uber within forty-eight (48) hours of that Booking Period’s end, but only if such damage is also not covered by the applicable insurance policy.
• If you accept these terms on behalf of a business, you represent and warrant that you are authorized to enter into contracts for and bind your business, and that each such business entity is in good standing under the laws of the place where it is established. If you perform other functions, including using the Services, you represent and warrant that you are authorized to perform those functions. You are fully responsible and liable for the accuracy of any information you provide.

20. ACCEPTANCE AND CANCELLATION OF BOOKINGS

• Upon acceptance of a Booking, you will deliver the Vehicle to the Borrower at the time and location noted on the Borrow platform. Any navigational directions offered in the Driver App are offered for your convenience only; unless required by law, you have no obligation to follow such navigational directions.
• To drop off the Vehicle with the Borrower at the start of the Booking Period and to pick up the Vehicle at the end of the Booking Period, you must: (i) meet the Borrower at the designated location at the designated time; (ii) verify the Borrower’s identity by matching your Uber supplied PIN number with theirs; and (iii) when prompted by the App, review the Borrower’s driver’s license and verify that it is the same person as shown in the driver’s license at pick up and drop-off.
• If you cancel a Booking before the start of the Booking Period, you may be charged a fee as set forth in the Fee Schedule.

21. FEES AND EARNINGS

• With respect to the earnings generated from your Vehicle: (i) All amounts quoted and charged or paid are in Canadian Dollars unless otherwise indicated; (ii) Uber Canada will remit to you certain fees that Borrowers owe to you for using your Vehicle as set forth in the Fee Schedule. However, Uber Canada may retain a service fee from those charges in connection with providing the Service to you; (iii) The portion that you pay us for the service fee will be determined by Uber Canada and will be clearly communicated to you; (iv) Uber Canada may set off any amounts that you owe in connection with this Agreement and the Policies against amounts that Uber owes to you; (v) If your Vehicle is unregistered or unroadworthy, not fit for purpose at any time when it is made available for sharing through the Service, we may refund any amounts paid by the Borrower to you on your behalf and charge you for lost fees from Bookings that are cancelled or refunded as a result; (vi) Uber Canada will not be required to make any payment to you until we have first received payment of those amounts from the Borrower who incurred fees or charges in relation to the use of your Vehicle; (vii) Uber Canada will remit any payments owed to you to the bank account that you designate in your Uber account; (viii) We will issue invoices to Borrowers on your behalf for amounts owing to you. You must provide us with all information requested so we can prepare the invoice; (ix) payments to you will be issued immediately after a Booking Period, on a per trip basis, with the exception of payments to you resulting from violations of the Fee Schedule, Offenses (as that term is defined in Section 15), and any payments owed to you as compensation for Vehicle damage.
• To request reimbursement for tolls, tickets, or other expenses incurred by a Borrower, please message Uber Support.
• Limited payment collection agent. As an Earner, you appoint Uber Canada as a limited payment collection agent for the purposes of collecting Earner Payments from Borrowers through the Service, and Uber Canada accepts such appointment. Uber Canada, itself or with the assistance of its corporate affiliate(s), will process the Earner Payments on your behalf through the Service, and the Earner Payments will be deemed to have been made to you when the Earner Payments are successfully processed and received by Uber Canada as if such payments had been paid to you directly by Borrowers, extinguishing the Borrower’s payment obligation to you (in the amount paid by the Borrower). You also appoint Uber Canada as your limited agent for the purpose of remitting settlement funds due (“Settlement Funds''). For the avoidance of doubt, you shall have no recourse against any Borrower for non-payment of successfully processed and received payments by Uber Canada. Your only recourse for non-payment of a successfully processed payment is against Uber Canada. You are responsible for providing accurate bank account information and any other identifying information necessary to Uber Canada so that Uber Canada can further remit your funds to an account of your choosing.
• You also agree that any payments owed to you may be used to satisfy a court order of garnishment against you; to reimburse us for any erroneous overpayment to you, or may, in our in our good faith discretion, be adjusted for reasons such as fraud or your failure to comply with the terms of this Agreement.
• You agree to pay: any fee applicable to the Services that you have selected or any additional fees, charges, and penalties in accordance with the Fee Schedule and the Damage Policy.

22. DAMAGE AND LOSS TO YOUR VEHICLE; CLAIMS

• You must report any new damage to the Vehicle that you identify within 48 hours of the end of the relevant Booking Period to Uber support. If you fail to do so, and such damage is not covered by the applicable insurance policy, you will be responsible for the cost of any damage to the Vehicle incurred during a Booking Period.
• You are deemed to be in possession of the Vehicle for all times other than when a Borrower is in possession of the Vehicle. The deemed periods of when Borrower possession occurs are specified in the Damage Policy.
• You will be fully responsible for Damage and Loss that occurs while the Vehicle is in your possession (as opposed to being in the possession of a Borrower). We are not (and our affiliates are not) liable to you or any third party in relation to any such Damage and Loss, and you agree to indemnify us and our affiliates for any claims against, or damage or loss suffered by, us or any of our affiliates as a result of or in connection with any such Damage and Loss.
• As set forth in the Damage Policy:
  • While Earners are en route to the Vehicle drop-off location at the start of a Booking Period, the Vehicle is covered by auto liability insurance, which includes a $2,500 deductible (subject to the terms, conditions, and exclusions of the policy). Earners will be responsible for the $2,500 deductible, where applicable. The auto liability insurance will not apply while Earners are en route to the Vehicle return location at the end of a Booking Period. See the Delivery Driver Insurance page for details.
  • While in the Borrower’s possession, the Vehicle is covered by auto insurance for third-party liability and Vehicle damage (subject to the terms, conditions, and exclusions of the policy). This insurance coverage includes a $1,000 deductible, which is paid by the Earner. The Borrower is not responsible for payment of or reimbursing this deductible.
• You will not be entitled to any compensation or payment in relation to any actual or anticipated loss of income generated from your Vehicle.
• You will receive information regarding auto liability insurance that is provided to you as part of the Service. To receive the benefit of any applicable coverage available under the insurance, Earners must make a claim in accordance with the terms of that insurance, beginning with providing notice of the incident to Uber by contacting Uber support in-app.
  • If your claim under the auto liability insurance policy is approved, you will only be required to pay the amount of any Damage and Loss liability for third party damage not indemnified under the auto liability insurance policy.
  • If you fail to make a claim under the auto liability insurance policy within three (3) business days of Damage and Loss being reported to us, then you authorize us to make a claim in your name.
  • If your claim under the auto liability insurance policy is denied, we will charge your payment method for the full amount of your Damage and Loss liability and/or amount for third party liability. You will be promptly notified of the details of the Damage and Loss and the amount to be charged.
  • If you are required to pay the full amount for your Damage and Loss liability and you dispute the Damage and Loss liability or the amount charged, you must still pay the amount determined, but may contact us to attempt to resolve the dispute.

23. LIABILITY FOR PARKING AND DRIVING CITATIONS

• If a traffic ticket, citation, or other motor vehicle offense is issued against you or your Vehicle in relation to a traffic or motor vehicle violation occurring during any time other than while Borrower has possession of the Vehicle, then you are responsible.
• If you receive a citation that you believe is the responsibility of a Borrower, you should notify us. We will, in our discretion, reimburse you for the fines and fees associated with a citation or work with you to ensure the citation is assigned to the appropriate User for resolution. We make no guarantee that we will be able to reassign the citation and you assume all responsibility for traffic tickets, citations, or moving violations assigned to you or your Vehicle that are issued while your Vehicle is active on the Service.

24. SUSPENDING YOUR VEHICLE FROM THE SERVICE

• We may suspend your Vehicle from the Service by making it unavailable for sharing at any time at our discretion. If your Vehicle is suspended from the Service, to the extent not prohibited by law you will not be entitled to a refund of any fees or payments.