Servco Mobility Lab, LLC. Member Agreement
This is the Hui Car Share member agreement, which sets forth the terms and conditions of membership in the Hui Car Share Program. By submitting your application for membership, you agree to accept and comply with the terms and conditions of this Agreement, as it may be amended from time to time, if your membership is approved by Servco Mobility Lab, LLC.
1.1 “Agreement” means this Member Agreement and the schedules and policies referred to in this Member Agreement, which are hereby incorporated by reference, and are an integral part of the Agreement.
1.2 “Family Member” means each person identified on your application for membership as an authorized Family Member.
1.3 “Member”, “you” or “your” means the person identified on your application for membership as Member and, unless otherwise specified in this Agreement, each Family Member.
1.4 “Payment Card” means a valid credit card in your name that is acceptable to Hui Car Share and will be used for making payments due under this Agreement. Prepaid and debit cards are not accepted.
1.5 “Hui Car Share”, “our”, “we” or “us” means Servco Mobility Lab, LLC, a Delaware limited liability company, and its successors and assigns.
1.6 “Hui Car Share App” or “Mobile App” means the smartphone application created by Toyota Connected that provides access to the Vehicles and other property and services offered by Hui Car Share, as well as communications between you and us, and allows us access to member information. The Hui Car Share App will be available as a free download for iOS and Android devices, and may become available for other devices during the term of this Agreement.
1.7 “Vehicle” means a motor vehicle made available by Hui Car Share for use by a Member.
2. How to Contact Us.
2.1 If you have any questions regarding this Agreement or any of the services offered by Hui Car Share, or otherwise want to contact us for any reason, please contact our Member Support team (“Member Support”), which will be available 24 hours a day, 7 days a week, as follows:
- By telephone to: (855) HUI-8585;
- By email to: email@example.com; or
- Through the Hui Car Share App by clicking the Member Support button.
3. Nature of Agreement; No Ownership Rights by Member.
3.1 Nature of Agreement. This Agreement is a vehicle sharing service membership agreement between Hui Car Share and the Member. A Member may use a Vehicle offered for use in the Hui Car Share program only after applying for and being approved for membership by Hui Car Share.
3.2 No Ownership Rights. The Member does not, by this Agreement or otherwise, acquire any ownership interest in Hui Car Share or in the Vehicles or any other property offered by Hui Car Share for the Member’s use. Hui Car Share is the sole owner of the Vehicles and any other property offered for use by the Member. The Member shall not alter the Vehicle’s condition in any way and shall not remove any items located in the Vehicle except those owned by the Member.
3.3 Changes to the Agreement. Hui Car Share reserves the right to change the terms and conditions of this Agreement, including the schedules and policies that are part of the Agreement, at any time. This includes, but is not limited to, modifying the types and amounts of fees and other charges, the eligibility criteria for membership, and any part of the vehicle sharing services offered under this Agreement. We will give you notice of any material changes, either by email sent to the address you have provided, on our website at drivehui.com (the “Hui Car Share Website”), or via the Hui Car Share App. Any changes will be effective and binding on the date on which the notice is made available as noted above, or on the effective date given in the notice if that is a later date. Your continued use of Vehicles will constitute acceptance of any amended terms and conditions in the Agreement.
4.1 Application. To become a Member, you must submit an application for membership, together with all information and documents requested in the application, which is complete and accurate in all respects. You can apply via the Hui Car Share App or on the Hui Car Share Website at drivehui.com once the application link is activated. You further acknowledge that submitting a membership application and satisfying the eligibility criteria set forth below does not automatically make you, or automatically give you the right to become, a Member, and that Hui Car Share has the right to reject your application for membership in our sole discretion.
4.2 Multiple Accounts Not Permitted. No person is permitted to create or maintain more than one Hui Car Share account and, once you have registered as a Hui Car Share member, you may not register any additional Hui Car Share accounts, except with the prior approval of Hui Car Share.
4.3 Reapplication. If, for any reason, your Hui Car Share membership was declined (for example because you do not meet the eligibility criteria or we did not receive your driving record in time) or terminated, do not attempt to reapply by setting up a new Hui Car Share member account. To reapply, contact us by email at firstname.lastname@example.org and provide your initial registration information or old Hui Car Share member number, if available, together with any new or outstanding information (such as an updated driving record) you would like us to consider as part of your membership application. If we approve your Hui Car Share membership, your previous registration will be activated or re-activated, as applicable.
4.4 Eligibility Criteria. To become a Member and remain eligible for membership, you must meet and maintain the following minimum eligibility criteria:
- Unless otherwise expressly approved by the Company in its sole discretion for US driver’s license holders, be at least 19 years of age at the time of application for membership and have had a valid driver’s license for the 18-month period prior to the date of application; for International driver’s license holders, be at least 25 years of age at the time of the application for membership and have had a valid driver’s license for the 18-month period prior to the date of application;
- Have a valid driver’s license that authorizes you to drive in Hawaii. If you are a permanent resident of Hawaii, you must have a valid Hawaii driver’s license;
- Have a satisfactory driving history, which currently requires having no more than two moving violations or accidents in the past 18 months, no major traffic violations in the past 36 months, and no conviction for a major traffic violation. For the purposes of this section, a “major traffic violation” means major violations of statutes, ordinances, or rules relating to traffic movement and control, such as reckless driving, driving without a valid license, excessive speeding, driving under the influence, or leaving the scene of an accident; and
- Have a Payment Card.
Hui Car Share reserves the right to change at any time the eligibility criteria, and to impose other eligibility criteria, for Hui Car Share membership.
4.5 Consent to Driving Records Check.
(a) By submitting a membership application, you agree that your eligibility for membership and your right to use any Vehicle may be subject to a check of your driving records. Hui Car Share shall have the right, but not the obligation, to perform such checks upon receipt of your application for membership and prior to membership approval, or during a Member’s membership in Hui Car Share.
(b) If you have an international driver’s license, in addition to any other information required by the application, you must forward the following documents to email@example.com:
- A copy of the front and back of your driving license; and
- A copy of your driving record.
If these documents are not in English, you must provide us with a certified translation.
(c) Hui Car Share may, but has no obligation to, obtain or ask Member to obtain (at the Member’s sole expense) an updated, certified translated (if applicable) copy of the Member’s driving record from the applicable governmental or regulatory authority. If we are unable to obtain or do not receive your official driving record within 10 days of your registration with Hui Car Share, we may decide, in our sole discretion, not to decline your membership application. If your application has been approved and we request this information, your membership and driving privileges may be suspended until such time as Hui Car Share receives an updated copy of your driving record and has verified your driving history to be satisfactory to Hui Car Share.
Even if you are approved for membership, Hui Car Share may prohibit you from driving a Vehicle based on your driving history at any time. In addition, you acknowledge that any discrepancies discovered by Hui Car Share in your driving records may result in the termination of the Member’s membership. If you wish to refuse this authorization, then you must do so by notifying Hui Car Share via email at firstname.lastname@example.org. You also may revoke this authorization at any time by notifying Hui Car Share via email at email@example.com. If you refuse or revoke this authorization, Hui Care Share may reject your application or terminate your membership in Hui Car Share’s sole discretion.
4.6 Consent to Credit Check. You also acknowledge that your eligibility for membership in Hui Car Share and your right to use any Vehicle may be subject to a credit check, either manually or electronically. By submitting your application, you consent to Hui Car Share obtaining a credit check prior to membership approval, and at any time during your membership in Hui Car Share. Any information discovered in your credit check could result in the termination of your membership. If you wish to refuse this authorization, then you must do so by notifying Hui Car Share via email at firstname.lastname@example.org. You also may revoke this authorization at any time by notifying Hui Car Share via email at email@example.com. If you refuse or revoke this authorization, Hui Care Share may reject your application or terminate your membership in Hui Car Share’s sole discretion.
4.7 Obligation to Report Change in Circumstances. By submitting your application, you hereby agree to notify Hui Car Share immediately (within 24 hours) if any change in circumstances relating to the eligibility criteria described in this Agreement occurs while you are a Hui Car Share member. You further acknowledge that this obligation to self‑report is mandatory regardless of whether such change in circumstances occurred when the Member was operating a Hui Car Share Vehicle or not. You further acknowledge that your membership and right to use a Vehicle may, in Hui Car Share’s sole discretion, be suspended or terminated after the Member self-reports any change to a circumstance relating to the eligibility criteria described in this Agreement.
4.8 Lost or Stolen Smartphone. By submitting your application, you hereby agree that you will let us know immediately (within 24 hours) if your smartphone with the Hui Car Share App installed is lost or stolen. You may notify us by calling Member Support at (855) HUI-8585. This is necessary so that we can prevent improper use of or any damage to any of our Vehicles or equipment. If you fail to let us know immediately (within 24 hours), you will be responsible for the payment of any fees or charges incurred under your Hui Car Share account, as well as for any damage to our Vehicles or equipment as a result of another person using your Hui Car Share App or login information.
4.9 Failure to be Truthful. In the event that Hui Car Share determines that you have not truthfully and accurately completed your application or truthfully and accurately provided any required updates to Hui Car Share, effective as of the date of your application, you will be disqualified from participation in any insurance program made available by Hui Car Share. In addition, you will be ineligible to participate in any insurance program made available by Hui Car Share in the future and your membership in Hui Car Share may be terminated.
5. Fees and Other Charges; Payment Responsibilities of Member.
5.1 Vehicle Rental Fees. For each use of a Vehicle, you must pay the applicable rental fee. The current rental fees and an explanation of how rental fees are calculated are set forth in the Rate Schedule. A one hundred dollar ($100) deposit will be placed on your Payment Card at the time of reservation. Rental fees will be charged to your Payment Card at the end of each rental period.
5.2 Other Costs and Charges. As a Member, you may be required to pay certain costs and charges related to the vehicle sharing services offered by Hui Car Share, including, but not limited to, costs and charges related to your use of a Vehicle, the replacement of the Vehicle’s Fuel Card or parking card or the improper use of the Fuel Card, account billing and payment processing, and all attorney’s fees and costs incurred by Hui Car Share to enforce any term or condition of this Agreement or any right of Hui Car Share against the Member under this Agreement, including for collection of any fees and other charges owed by the Member. A list of the current charges and taxes is set forth on the Rate Schedule. You also are required to pay all traffic and parking tickets.
5.3 Billing and Payment of Fees and Other Charges. You will be billed for all fees and other charges by an invoice sent by email to the address provided by the Member or via the Hui Car Share App. We will charge all amounts that you owe to the Payment Card you have provided to us. You are responsible for providing and maintaining current and accurate account information, including Payment Card number and expiration date, email address, mobile phone number and mailing address. You also are responsible for ensuring that there are sufficient funds available to cover any amount that is owed to us. You will be solely responsible for all fees charged by the Member’s bank or Payment Card company.
6. Use of Vehicles.
6.2 Seat Belt Use. You agree to be compliant with Hawaii’s universal seat belt law, which requires that all front and back seat motor vehicle occupants buckle up. Adults and children must use their seat belts and child restraints at all times.
6.3 Child Passengers. You are responsible for complying with all applicable seat belt and child restraint laws. Hawaii’s child passenger restraint law requires children under 4 years of age to ride in a child safety seat, and children between the ages of 4 and 8 years to ride in either a child safety seat or a booster seat. Children may not be left unattended in the vehicle.
6.4 Vehicle Access and Return. You may unlock a Vehicle through the Hui Car Share App using the Bluetooth connection. You will also use the Hui Car Share App to end a rental. Except as expressly provided in this Agreement, you must return the Vehicle to the parking space where you picked up the Vehicle. The procedures are set forth in the Rules of Vehicle Use Schedule.
(a) You agree to exercise reasonable caution and care at all times while operating the Vehicle. Any accident, regardless of circumstance or degree of seriousness, must be immediately reported to Hui Car Share by calling Member Support at (855) HUI-8585. You agree to fully cooperate with Hui Car Share and our insurer or claims handler in the investigation and resolution of any claims arising during your period of rental of the Vehicle. Failure to immediately report any accident and cooperate in any investigation and resolution may result in additional charges or termination or suspension of your membership.
(b) If you are involved in an accident, whether involving a Hui Car Share Vehicle or not, you agree to immediately (at the scene of the accident by calling (855) HUI-8585) inform Hui Car Share. Hui Car Share may also ask you to provide at your own expense a current driving record to determine if you continue to meet Hui Car Share’s eligibility criteria and otherwise comply with the terms of this Agreement.
6.6 Limitations on Use. The Member agrees to the limitations on use of a Vehicle specified from time to time by Hui Car Share, which include, but are not limited to, the following limitations:
(a) The Vehicle shall not be operated by any person other than a Member.
(b) The Vehicle shall not be operated by any person who is not licensed to drive or whose driver’s license is suspended or has been revoked.
(c) The Vehicle shall not be operated by any person under the influence of alcohol or drugs, whether used with or without a prescription. Hawaii law prohibits operating a vehicle under the influence of an intoxicant.
(d) The Vehicle shall not be operated by any person who has obtained use of the Vehicle by giving Hui Car Share false, fraudulent or misleading information or by withholding facts from Hui Car Share, or who has obtained access through the Car Share App without the permission of Hui Car Share.
(e) The Vehicle shall not be used as a taxi or otherwise to carry persons or property for hire.
(f) You shall not perform or authorize repairs or any conversions or additions (including accessories) to a Vehicle.
(g) You shall not smoke, use tobacco, e-cigarettes or any similar products in a Vehicle, or allow others to do so.
(h) You shall not let animals into a Vehicle, unless the animal is kept in an appropriate animal carrier, or the animal qualifies as a guide animal for a person with a disability who accompanies the animal.
(i) The Vehicle shall not be used or operated for any illegal purpose; in an illegal or reckless manner; in a race or speed contest; to tow or push anything; to carry dangerous or hazardous items of any kind except as allowable under law; or in a manner intended to damage the Vehicle or cause injury or damage to another person(s) or another person’s property.
(j) The Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by the Vehicle manufacturer.
(k) The Vehicle shall not be driven or taken outside of Oahu and shall not be shipped or moved interisland.
(l) The Vehicle shall not be driven on an unpaved road or off-road unless approved in writing in advance by Hui Car Share for each such use.
(m) The Vehicle shall not be driven or operated while using a hand‑held wireless communication device.
(n) Member agrees to follow all Hawaii State Laws.
6.7 Termination of Right to Use Vehicles and Cancellation of Membership. Any violation of the limitations on the use of a Vehicle shall constitute a breach of this Agreement by the Member. Hui Car Share, without any further notice to the Member, may immediately terminate the Member’s right to use the Vehicle and cancel or suspend the Member’s membership. Without limiting the foregoing, if the Member continues to use or operate the Vehicle after the right to do so is terminated, Hui Car Share has the right to notify law enforcement authorities that the Vehicle has been stolen. The Member hereby releases and discharges Hui Car Share from, and agrees to indemnify, defend and hold Hui Car Share harmless against, any liability arising from such notice and repossession of the Vehicle.
7. Responsibility for Losses and Damages to Vehicle.
7.1 Member’s Responsibility. You are responsible for any and all losses and damages to or affecting a Vehicle while in your possession or control regardless of cause. Your responsibility may, however, be limited as provided under Sections 7.2 and 7.3 below. Subject to any such applicable limits, you accept responsibility for damage to, and loss or theft of, the Vehicle or any part, equipment, accessory or other property provided by Hui Car Share for use by the Member regardless of fault or negligence of the Member or any other person. Subject to Sections 7.2 and 7.3 below, you agree to pay Hui Car Share any and all amounts necessary to repair the Vehicle. The Member shall not have the Vehicle repaired. If the Vehicle is stolen and not recovered or Hui Car Share determines that the Vehicle has salvage value only, you agree to pay Hui Car Share the fair market value less any sale proceeds. Damages for which you may also be responsible for include, but are not limited to, loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Hui Car Share to recover the Vehicle and to establish damage amounts.
7.2 Member’s Damage Fee. If the Member is in full compliance with all of the terms and conditions of this Agreement, and if none of the exclusions in Section 7.3 below applies, the Member’s responsibility for the losses and damages set forth in Section 7.1 above will be limited to the Member’s Damage Fee. The current amount of the Member’s Damage Fee is set forth in the Rate Schedule.
7.3 Exclusions. You agree to be responsible for ALL losses and damages set forth in Section 7.1 above if:
(a) You are not in full compliance with all of the terms and conditions of this Agreement, including but not limited to Section 4 and 6; or
(b) The loss or damage is due to theft of the Vehicle unless (i) the Member notifies Hui Car Share of the incident and files an official report of the theft with the police or other law enforcement authority within 24 hours of learning of the theft, and (ii) the Member cooperates fully with Hui Car Share and law enforcement authorities in all matters connected with the investigation of the theft.
8. Third Party Liability.
8.1 Third Party Liability Insurance Coverage. By accepting this Agreement, you have agreed that Hui Car Share will make available liability insurance coverage for third party bodily injury and property damage arising out of your use or operation of the Vehicle and coverage will be primary and you will not seek contribution from any other insurance available to you. The current amounts of third party liability coverage made available by Hui Car Share are Bodily Injury: $20,000 per person, with an aggregate limit of $40,000 per accident and Property Damage: $10,000 per accident.
8.2 Limits on Liability Protection. Hui Car Share makes no representation or warranty as to the adequacy of the third party liability protection made available by Hui Car Share and we assume no responsibility for the actions of the insurer who handles any claim involving you. If you fail to comply with the terms and conditions of this Agreement, you may be responsible for the full amount of losses and damages arising out of the accident or incident. The third party liability protection made available by Hui Car Share does not provide coverage for losses or damages to, or theft of, the Vehicle or the contents thereof. To the extent permitted by law, the Member and Hui Car Share waive and reject the inclusion of uninsured motorist, underinsured motorist, wage loss benefits, death benefits and any other optional coverage.
9. Limitation on Liability; Indemnification by Member.
9.1 No Warranties. The Member is receiving the Vehicle and all equipment, accessories and other property AND SERVICES offered by Hui Car Share for use under this Agreement “AS IS” and “as available”. Hui Car Share makes no warranties, express or implied, regarding the Vehicle or any equipment, accessories or other property OR SERVICES offered by Hui Car Share, including any implied warranty of merchantability or fitness for a particular purpose.
9.2 Limitation on Liability. To the maximum extent permitted by law and except for the sole remedy specified in this section for a breach of an obligation under this agreement or a vehicle failure, Hui Car Share shall have no liability for any damages relating to or arising out of the Member’s membership or use of a Vehicle or other property or service offered by Hui Car Share, including the reservation or non‑availability of a Vehicle, the Data Collection System or any other equipment or accessories. If Hui Car Share breaches any obligation under this Agreement or if a Vehicle has any mechanical failure or other failure not caused by the Member and if Hui Car Share is liable under applicable law for such breach or Vehicle failure, Hui Car Share’s sole liability to the Member and the Member’s sole remedy is limited to the provision of a substitute similar Vehicle selected by Hui Car Share to the Member and to reimbursement of the pro rata portion of the rental fee paid by the Member for such period that the Member did not have use of the Vehicle or a substitute Vehicle. THE MEMBER WAIVES ALL CLAIMS, DIRECT OR INDIRECT, FOR LOST PROFITS OR CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE MEMBER’S USE OF A VEHICLE OR OTHER PROPERTY OR SERVICE OFFERED BY HUI CAR SHARE. IN ADDITION, MEMBER WAIVES, RELEASES AND DISCHARGES ANY LOCATION WHERE A VEHICLE IS LOCATED OR ANY PERSONS CLAIMING THROUGH SUCH OWNER ARISING FROM ANY INJURY OR DAMAGE SUSTAINED OR SUFFERED BY THE MEMBER WHILE ON SUCH PROPERTY, EXCEPT AS MAY BE CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SUCH PARTIES. FURTHERMORE, SUCH OWNER PARTIES SHALL NOT BE LIABLE FOR INJURY TO OR DEATH OF ANY PERSON OR LOSS OR DAMAGE TO ANY VEHICLE PARKED ON SUCH PROPERTY OR THE CONTENTS THEREOF, CAUSED BY FIRE, THEFT, VANDALISM, COLLISION, EXPLOSION, FREEZING, STORMS, NATURAL DISASTERS, STRIKES, RIOTS OR BY ANY OTHER CAUSES, UNLESS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OWNER OR THE OWNER PARTIES.
9.3 Member’s Personal Property. Hui Car Share is not responsible for any damage to, or loss or theft of, any personal property belonging to, transported by, or in the charge of the Member, whether the damage or theft occurs during or after termination of the Member’s period of rental of the Vehicle regardless of fault or negligence. You hereby release all claims against Hui Car Share for any such loss or damage.
9.4 Hui Car Share Website and App.
(a) The information, recommendations, and/or services provided by Hui Car Share to a Member via the Hui Car Share Website and Hui Car Share App are for general information purposes only and do not constitute advice.
(b) TO THE FULLEST EXTENT PROVIDED BY LAW, HUI CAR SHARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SMARTPHONE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HUI CAR SHARE WEBSITE, THE HUI CAR SHARE APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HUI CAR SHARE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE HUI CAR SHARE WEBSITE, HUI CAR SHARE APP, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HUI CAR SHARE WEBSITE OR HUI CAR SHARE APP IS AT YOUR OWN RISK. THE HUI CAR SHARE WEBSITE, HUI CAR SHARE APP, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HUI CAR SHARE WEBSITE OR HUI CAR SHARE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING SECTIONS, NEITHER HUI CAR SHARE NOR ANY PERSON ASSOCIATED WITH HUI CAR SHARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE HUI CAR SHARE WEBSITE OR HUI CAR SHARE APP.
WITHOUT LIMITING THE FOREGOING SECTIONS, NEITHER HUI CAR SHARE NOR ANYONE ASSOCIATED WITH HUI CAR SHARE REPRESENTS OR WARRANTS THAT THE HUI CAR SHARE WEBSITE, HUI CAR SHARE APP, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HUI CAR SHARE WEBSITE OR HUI CAR SHARE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HUI CAR SHARE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE HUI CAR SHARE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HUI CAR SHARE WEBSITE OR HUI CAR SHARE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITH RESPECT TO THE WEBSITE AND MOBILE APP, AND, TO THE FULLEST EXTENT PROVIDED BY LAW, HUI CARE SHARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(c) WITHOUT LIMITING THE FOREGOING SECTIONS, AND TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HUI CAR SHARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HUI CAR SHARE APP, THE HUI CAR SHARE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE HUI CAR SHARE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.5 Indemnification by Member. The Member shall defend, indemnify and hold harmless Hui Car Share, its parent and affiliates, and their respective directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any and all losses, liabilities, damages, injuries, claims, demands, costs, attorney’s fees and other expenses relating to or arising out of a breach of this Agreement by the Member and/or the Member’s membership or use of a Vehicle or other property or service offered by Hui Car Share.
10. Term and Termination.
10.1 Term. The term of this Agreement will begin upon the approval by Hui Car Share of the Member’s application. The term shall continue until such time as membership is terminated or cancelled in accordance with this Section 10.
10.2 Termination Without Cause. The Member may terminate his or her membership at any time. In order to fully deactivate your account , you must call us at (855) HUI-8585. Hui Car Share may terminate a Member’s membership at any time and for any reason.
10.3 Termination or Suspension of Membership by Hui Car Share. Hui Car Share shall have the right to immediately suspend or terminate this Agreement, your Hui Car Share membership, your participation in the Hui Car Share program or your ability to use any part of the program (including the rental or use of Vehicles) at any time in our sole discretion for any reason whatsoever, including any of the following circumstances:
(a) You do not comply with any of the terms or conditions of this Agreement.
(b) You are charged during the preceding 36 months with, or have been convicted of, a major traffic violation (as defined in Section 4.4).
(c) At any time during your Hui Car Share membership, you have a total of three (3) or more moving violations or accidents during the preceding 18-month period.
(d) You no longer have a valid driver’s license.
(e) You are found fully or partially at fault for an accident.
(f) You do not inform us about an accident.
(g) You no longer meet any of our eligibility requirements for membership or have provided false or misleading information at any time.
(h) You do not inform us of any change in circumstances relating to eligibility as required under Section 4.7.
(i) You no longer have an active email address or mobile phone number.
(j) You fail to pay any fees or other charges when due or we experience any problems with your Payment Card.
(k) We have reason to believe, in our sole discretion, that you may be, or have been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of Hui Car Share member accounts and using a Vehicle in furtherance of any illicit activity.
No applicable fees will be refunded in the event of termination or suspension pursuant to this Section 10.3.
10.4 Rights and Liabilities upon Suspension. Upon suspension of your membership, you will not be able to reserve or use any Vehicle. Hui Car Share may reinstate your membership and your access to the Vehicles and other property offered by Hui Car Share if, in its sole discretion, Hui Car Share is satisfied that the reason for the suspension no longer exists and determines that reinstatement is appropriate. You are responsible for providing any information that Hui Car Share requests in order to determine whether the reason for suspension no longer exists. In the event of a suspension, Hui Car Share also may decide to cancel, and not reinstate, your membership.
10.5 Rights and Liabilities upon Termination or Cancellation. Upon termination or cancellation of your membership, this Agreement and all of the Member’s rights to use the vehicle sharing services offered by Hui Car Share and to use the Vehicles and other property and services offered by Hui Car Share shall immediately terminate. The Member agrees to immediately return to Hui Car Share any Vehicle or other property of Hui Car Share in the Member’s possession. The Member shall remain responsible even after the date of termination for any fees or other charges incurred prior to termination of this Agreement, until the Vehicle and other property is returned, and for enforcing the terms of this Agreement.
11.1 Data Protection. Hui Car Share has implemented and will maintain reasonable procedures for protecting personal information in compliance with applicable law.
11.3 Disclosure of Information to Third Parties. The Member expressly authorizes Hui Car Share to provide information obtained by Hui Car Share about the Member, including but not limited to the Member’s name, address and driver’s license information, to applicable authorities, where required by law, and to applicable authorities or other third parties, in connection with Hui Car Share’s enforcement of its rights under this Agreement.
11.4 Telematics Consent to Collect Data. The Vehicles may be equipped with a telematics device, or similar device, capable of determining the location of the Vehicle through use of an integrated global positioning system (or GPS) device (“Telematics Device”). The Vehicles also may be equipped with an Event Data Recorder (“EDR,” and together with the Telematics Device, the “Data Collection System”) for the purpose of recording data about the operation of each Vehicle. The Data Collection System may record driving activities or actions, locations traveled, and mileage driven as well as other Vehicle data. The Member authorizes Hui Car Share, Toyota Connected and their respective representatives to use the Data Collection System to collect data about the location of the Vehicle, the Member’s location as derived through collection of data about the location of the Vehicle, and such other information as may be derived from the Member’s use of the Vehicle as can be collected or derived from the Data Collection System.
11.5 Data Sharing. The Member acknowledges that data may be recorded and stored by Hui Car Share’s third party service providers, including but not limited to Toyota Connected, and where Hui Car Share is not directly collecting the data, Hui Car Share shall be entitled to access and use the same. The Member further authorizes Toyota Connected and Hui Car Share to use or disclose aggregated location information concerning the Vehicle to third parties for the purposes of data analysis to determine trends, including, but not limited to, for the purpose of marketing or improvement of the Hui Car Share program. The Member consents to disclosure of aggregated forms of all information collected by the Data Collection System for such analysis and marketing.
11.6 Telematics Release. Without limiting any other limitations on liability in this Agreement, the Member releases Hui Car Share, its parent and affiliates, and their respective directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any claim or damage (including incidental and/or consequential damages) arising from the failure of the Data Collection System to operate properly. The Member acknowledges that third party service providers are not agents, employees, or contractors of Hui Car Share.
11.7 Marketing. You agree to receive email related to market research or promotions. You may opt-out of this communication by contacting firstname.lastname@example.org or by following the unsubscribe instructions contained within the email.
12. Dispute Resolution.
12.1 Arbitration. The Member and Hui Car Share agree to settle any dispute or claim arising out of or relating to this Agreement by binding arbitration in Honolulu, Hawaii pursuant to the Hawaii Uniform Arbitration Act, Chapter 658A of the Hawaii Revised Statutes, as amended. The arbitration will be conducted by Dispute Prevention & Resolution, Inc. (“DPR”) in accordance with its arbitration rules and procedures (the “DPR Rules”). The DPR Rules are available at https://dprhawaii.com/dpr-rules/ or by calling the DPR at (808) 523-1234. The Federal Arbitration Act will govern substantive law to the extent not inconsistent with the arbitration provisions in this Agreement.
(a) The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision.
(b) In order to make the arbitration hearing fair, expeditious and cost‑effective, discovery by both parties shall be limited to requests for production of documents material to the claims or defenses in the arbitration. Limited depositions for use as evidence at the arbitration hearing may occur as authorized by the Hawaii Uniform Arbitration Act.
(c) All expenses of the arbitration, including the arbitrator’s fee, will be shared equally by the Member and Hui Car Share. Each of the Member and Hui Car Share shall pay its own attorney and witness fees, provided that the arbitrator(s) may award attorneys’ fees and costs in an amount authorized by law to a prevailing party related to any claim or contention of a nonprevailing party that the arbitrator determines was frivolous or wholly without merit.
(d) The arbitrator will be empowered to grant whatever relief would be available in court under law, subject to the terms, conditions and limitations of this Agreement.
(e) Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. BY AGREEING TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, THE MEMBER AND HUI CAR SHARE EACH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
12.2 Class Action Waiver. The Member agrees that any claims brought by the Member will be brought in the Member’s individual capacity and will not be brought as a class action.
13.1 Member’s Understanding of Terms and Conditions. The Member confirms to Hui Car Share that the Member has received all reasonable explanations regarding the terms and conditions of this Agreement, including all schedules, and the Member has reviewed and understands the terms and conditions of this Agreement and the Member’s obligations hereunder.
13.2 Severability. If any provision or portion of a provision of this Agreement is determined to be invalid or otherwise unenforceable, all remaining provisions and portions of provisions shall continue in full force and effect. It shall be conclusively presumed that the parties would have entered into the remainder of this Agreement without such invalid provision.
13.3 Governing Law. This Agreement is governed by the laws of the State of Hawaii without regard to its conflict of law principles.
13.4 No Waiver. No delay or omission by Hui Car Share to exercise any right or power under this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Hui Car Share of any covenant or condition to be performed by the Member or any breach thereof shall be in writing and shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant or condition in this Agreement.
13.5 Assignment. The rights granted to the Member under this Agreement are not assignable or transferable, in whole or in part. Any attempt by the Member to assign or otherwise transfer this Agreement or any rights hereunder or to sublet a Vehicle without the consent of Hui Car Share shall be void and of no force and effect. Hui Car Share may assign this Agreement without the consent of the Member.
13.6 Entire Agreement. This Agreement, together with the schedules and policies referred to in this Agreement and which are hereby incorporated by reference, constitutes the entire agreement between the parties hereto. In entering into this Agreement, neither party has relied on any statement, representation, warranty, or agreement of the other party except for those expressly contained in this Agreement.
13.7 Headings. The headings of sections in this Agreement are for convenience only and will not affect their meaning or interpretation.
Rules of Vehicle Use Schedule
Start and End Trip Process and Rules
Beginning Your Trip
A. Locating Your Vehicle
The Mobile App will provide to you a Vehicle’s license plate number, description, and rates, and will also provide you with directions to find your reserved Vehicle. If you cannot find your reserved Vehicle at the location specified in the Mobile App, please contact Member Support at (855) HUI-8585 immediately for assistance or to make alternate arrangements.
B. Unlocking a Vehicle and Starting Your Trip
You may unlock your reserved Vehicle using the “Unlock” button on the “Lock/Unlock” screen on the Mobile App. When using your Mobile App, the Vehicle will be unlocked using low frequency bluetooth. Your phone will automatically sync with the Vehicle. If you have any connection issues at all, simply close out (force quit) the Mobile App completely and reopen to active reservation screen.
C. Pre-Trip Check
1. Exterior/Interior Check
Before you begin your trip, please check the exterior and interior of the Vehicle and confirm that the following items are present: phone mount, phone charger, and Fuel Card. If you discover any Vehicle damage or have any issues with the Vehicle that you believe might affect its safety or operability, please let us know immediately by contacting Member Support. If you determine that the Vehicle may be unsafe, do not commence operation of the Vehicle. If any of the pre-equipped items are missing, please email us at email@example.com. Please report any exterior or interior damage larger than a quarter by emailing us a message or photo to firstname.lastname@example.org.
If you do not completely and accurately report to us any Vehicle damage (whether inside or outside), including missing equipment or materials, already existing at the beginning of your rental period, that damage will be deemed to have occurred during your rental period and you will be charged for that damage. Again, please only report damage larger than the size of a quarter.
2. Vehicle Operation Check
Before operating the Vehicle, please familiarize yourself with the Vehicle, this process guide and rules of use, and the Vehicle owner’s manual. If you have any questions about how to operate the Vehicle, please contact Member Support.
3. Engine and Fuel Check
Before operating the Vehicle, check that the Vehicle has sufficient fuel levels for your anticipated trip and that no warning or indicator lights appear on the Vehicle’s dashboard. If you believe the Vehicle has insufficient fuel to complete your trip (there is a Fuel Card in the Vehicle), or if any of the warning or indicator lights appear in a Vehicle, or if there are any other signs that operation of the Vehicle may be unsafe, please contact Member Support to assist you.
Only begin your trip once you have completed all the pre-trip check items outlined in this Section C (Pre-Trip Check).
Making a Stopover
You can make interim stops, called a stopover, during your trip at any time without ending your rental period and you may park in any legal parking space. During a stopover, you are responsible for ensuring that the Vehicle is locked and secured, and for paying all associated parking fees.
When you make a stop, please make sure the Vehicle is turned off and lock the Vehicle using the “Lock” button on the “Lock/Unlock” screen. Do not press “End Reservation,” as that will end your rental period – you will only be able to end booking at the Vehicle’s home station.
Upon returning to the Vehicle, use the Mobile App to unlock the doors and resume your trip.
Ending Your Trip
Except as expressly permitted by this Agreement, you are required to return your Vehicle to the same location where you picked it up. Please complete the following before ending your trip:
- ensure that the Vehicle is parked in the correct stall, and if for some reason that is not possible, please park in a nearby legal stall and email us at email@example.com regarding the situation and where the Vehicle was parked;
- ensure that the Vehicle engine is turned off;
- ensure that the fuel level of the Vehicle is at least 25% (1/4 tank);
- ensure that the Fuel Card is in the center console between the driver and passenger seat and the Vehicle’s owner manual is in the Vehicle’s glove compartment;
- ensure that the Vehicle is clean and tidy and you have not left any belongings in the Vehicle;
- ensure that all windows and moon-roof, doors, and the trunk are fully closed and that all lights have been turned off;
- ensure that the Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use; and
- notify us (i) by email at firstname.lastname@example.org for any minor damage to the Vehicle incurred during your rental period; (ii) by phone at (855) HUI-8585 for any damage and/or any other conditions that you believe may affect the safety and/or operability of the Vehicle; and (iii) by email at email@example.com for all traffic violation notices and parking violation notices (including from privately operated parking facilities) received during your rental period.
To end your rental period, you must tap the “End Reservation” button in the Mobile App. Your rental period is ended only when the doors have locked using this function. You are responsible for ensuring that your rental period has ended. Otherwise, you will have to pay the rental fees in accordance with the Rate Schedule for as long as your rental period continues. If you have any difficulties with ending your rental period, please contact Member Support for assistance.
Fueling of Vehicle
Each Vehicle will include a Fuel Card located in the center console of the Vehicle. If you require additional fuel, please contact Member Support. You agree to only use the Fuel Card to purchase fuel for the Vehicle. The Fuel Card remains our property at all times. You must not:
- try to read, copy or manipulate a Fuel Card in any way;
- permit another person to use the Fuel Card; or
- use a Fuel Card, or allow it to be used, for any purpose other than refueling a Hui Car Share Vehicle that you have rented.
Please keep in mind that any improper use of the Fuel Card will be immediately flagged as the vehicle fuel levels will not match the gasoline dispensed, and Hui Car Share has the right to notify law enforcement authorities that gasoline has been stolen.
Further, you must notify us immediately by telephone or email to firstname.lastname@example.org if the Fuel Card of your Vehicle is lost, stolen, damaged or not functioning properly.
Please return your Vehicle with a half tank of gas or more as a courtesy to the next customer using the Hui gas card! Thank you! Also, please note that if you return the Vehicle with less than a quarter tank of gas there is a $25 penalty fee.
General Rules of Use
If any of the Vehicle’s warning or indicator lights come on during your rental period or if there are any other signs that operation of the Vehicle may be unsafe, you should stop as soon as possible in a safe place and immediately contact Member Support by telephone. Do not continue to use the Vehicle if (i) you believe, (ii) Member Support advises you, or (iii) the Vehicle owner’s manual states, that the Vehicle is no longer safe to drive.
Unless you are expressly advised by us otherwise as a result of the condition of the Vehicle, you must return the Vehicle to the location at which you picked up the Vehicle.
Subject to the foregoing, you can only end your trip in the exact same location where you picked up the Vehicle.
Failure to end your trip in the pickup location without our consent may result in additional fees and/or fines due to towing and ticketing. For a list of associated fees due to unauthorized parking, please see the Rate Schedule.
Where can I park during my trip?
- Any legal parking spot. Note, if you park in a paid parking location (including meters), you will be responsible for parking fees.
Vehicle Rental Fees
|Prius||Camry XSE||Tacoma||Lexus NX||Lexus RX|
|Change of Reservation / Cancellation Policy||> 3 hours before start of trip: no charge.|
< 3 hours before start of trip: billed for 30% of reservation time.
|Missing Fuel Card or parking card||$50|
|Improper use of Fuel Card||Total cost of gas paid for by the improper use of Fuel Card and + $100, + membership termination|
|Returned Improperly (includes but not limited to: trash or mess, lights or ignition left on, windows left down, etc.)||$50|
|Unauthorized Driver (allowed operation of vehicle by person other than approved driver on member account)||$250 + membership termination|
|Equipment Tampering||$250 or repair/replacement of equipment, whichever is greater + membership termination|
|Unsecured vehicle fee (vehicle not locked & secured with Mobile App—reservation not properly ended)||$50|
|Member’s Damage Fee||$1,000|
|Parking ticket & processing fee||$20 + ticket|
|Drained battery fee||$50|
|Loss of use fee (e.g. Impounded vehicle)||day rate x # of days|
|Late Return Fee||$50 + cost of additional time|
|Low Fuel (returned vehicle with less than 1/4 tank)||$25|
|Late Extend (Extended your reservation after your end time)||$25 + cost of additional time|
|Inconvenience Fee (delayed or inconvenienced another member)||$50|
|Smoking (next driver reported evidence of smoking such as strong odor, ashes, etc.)||$50|
|Pet Hair (next driver reported pet hair or mess in vehicle)||$50|
|Roadside Service as a result of member error or negligence (When provided roadside assistance is a result of member error or negligence, such as lock out service, fuel delivery, jump start or flat tire, member will be responsible for fee and costs incurred.)||$50|
|Vehicle returned to wrong location||$50|