These Terms of Use (“Terms”) govern access to and use of the Yimshi car sharing platform whether available online, on mobile, tablet or any other device applications (the “Platform”), operated by Yimshi Sharing Portal FZCO, a company incorporated in the International Free Zone Authority (IFZA), Dubai, United Arab Emirates (“we”, “us”, “our”). By registering on the Platform, you (“User”, “you”) agree to comply with and be bound by these Terms.
By accessing or using the Platform, you signify your acceptance of the Terms.
Part I — Terms of Use
01
Purpose of the Platform
The Platform facilitates peer-to-peer car sharing between private individuals who wish to make their vehicles available for use by other members of the Platform, under a mutual exchange framework provided by us.
The Platform operates on a subscription-based membership model. It does not constitute a rental service and does not act as a rental company. Members share cars; they do not rent or lease them.
The Platform will allow members to list their cars available for sharing with other members, and see the other cars available for sharing, and to agree on sharing cars among themselves.
02
Membership and Subscription
Access is restricted to the registered members who have paid the applicable subscription fees (unless you are exempted from any fees by us based on special offers that can be offered by us from time to time).
Fees are payable in advance, non-refundable (unless required by UAE law), and recurring on a yearly basis. Members must be 18+ and hold a valid UAE-recognized driving license. Your account on the Platform is for your sole personal use and may not be shared with third parties.
To be able to share cars, you shall first create an account to access the services offered by the Platform by providing personal and car information, which you must keep up to date (the “Account”). We reserve the right to refuse the creation of any Account at our absolute discretion.
You will have to create a username and password, which you are solely responsible for. We shall not be liable for any username or password theft of any member. If it happens, you must inform us without delay.
03
Car Sharing Process
The Platform provides tools for members to connect and agree on conditions of sharing. All arrangements are made directly between members; the Platform is not a party to such agreements. Members must verify vehicle’s condition and insurance coverage. Sharing cannot be used as a substitute for commercial rental.
Any member could earn Yimshi Points when it shares its car to another member. The number of Yimshi Points earned per sharing will depend on the specifications of the car including year model, value, comfort, and options. If a member does not have enough Yimshi Points to use the car of another member, it could buy Yimshi Points on the Platform at the price of 1 AED/Yimshi Point.
We provide members with free messaging service to facilitate their communication.
04
Responsibilities of Members
Owners must ensure their vehicles are roadworthy, insured, and compliant with UAE law. Borrowers must have the authority to accept these Terms and Privacy Policy, hold a valid license, comply with UAE traffic law, and return the car on time. Members resolve disputes directly between themselves, but any member can solicit us to act as mediator.
Members shall assume all liability for their misuse of the Platform. They are solely responsible for their communications and relationships with other members. We can request the minimum information to be included in any listing.
Members are solely responsible for any information communicated between them on the messaging service.
You agree to cooperate with and assist us in good faith and provide any related information and take any other actions reasonably requested by us regarding any investigation by us or any legal authority regarding the misuse of the Platform.
If you believe in good faith that a Member is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report such Member to us. Any report made to us shall not oblige us to respond in any particular way except as may be required by law.
05
Prohibited Uses
Members must not use the Platform for commercial rentals, illegal activity, or misrepresentation. Members shall only post content for which they have all permissions and rights needed, shall not provide false, inappropriate or misleading information or messages, shall not upload viruses and other malware and shall not advertise to buy or sell products or services other than car sharing services, and shall not accept payments from other members or third parties other than via the Platform.
Members agree not to enter into any sharing of car listed on the Platform outside of the Platform. A violation of this provision will result in immediate Account closure. Member information (name, telephone number, address) must only be communicated to another Member during execution of the sharing via the Platform.
We have the right but not the obligation to control the use or access to the Platform to ensure the security and compliance of Members generally and/or the Platform.
We can also decide to close an Account at member’s request or in case of breach or at our discretion, in which case the member shall be informed by email. Upon closure, all Yimshi Points of that member will be transferred to us or to any other member(s) we designate at our discretion.
If you fail to restitute a car in due time to an owner, you authorize us hereby to pay, for each additional hour, any losses claimed by the owner, using your Guest Points and/or security deposit.
06
Liability of the Platform
The Platform is a facilitator only and is not responsible for vehicle condition, member conduct, or damages. The Platform bears no responsibility for the condition of the car, its use or any dispute between members. To the maximum extent permitted by law, the Platform’s total liability is limited to half of the amount of subscription fees paid by the member in the twelve (12) months preceding the claim.
Members are solely responsible for selecting the members with whom they decide to share cars, determining any laws, rules or regulations that apply to them and ensuring that they understand and are in compliance with those rules regarding offering their cars to share with other members, including whether any licenses, permits, or other registrations are required before entering into a sharing.
07
Intellectual Property
Platform, its related content, intellectual property and software remain our property. Use is limited to personal non-commercial purposes unless expressly authorized by us in writing.
08
Suspension and Termination
Membership may be suspended or terminated for non-payment or breach. No refunds apply.
09
Relationship between Members
Members are part of the same club community. Each time two members share cars for a specific period, it creates car sharing agreement among themselves whereby the car owner agrees to share its car for a specific time. This is not a rental or lease agreement. We are not party to such agreement, and we are not deemed to be broker or insurer or agent. Our sharing management services are automatized and we therefore do not intervene in any manner.
10
Use of Vehicle
Borrower shall use lawfully, not permit others to drive, comply with UAE law, and return the car in same condition.
11
Condition and Inspection
Both Parties shall inspect and document the car, through the Platform, before and after sharing.
12
Insurance
Owner confirms valid insurance. User member will be responsible and shall indemnify the Owner and us for losses from misuse, illegal acts, false representation or non-covered damage or insurance excess.
User member authorizes us hereby to pay the owner, for each loss abovementioned, any damages claimed by the owner, using your Guest Points and security deposit.
13
No Commercial Relationship
The relationship between Members is a peer-to-peer sharing, not rental, employment, commercial or agency relationship.
14
Indemnity
Borrower indemnifies Owner and Platform for losses from misuse, illegal acts, or false representation.
15
Governing Law and Jurisdiction
These Terms are governed by UAE law. The courts of Dubai have exclusive jurisdiction.
16
Amendments
We may amend these Terms with notice. Continued use signifies acceptance.
YIMSHI SHARING PORTAL FZCOInternational Free Zone Authority (IFZA), Dubai, United Arab Emirates