Terms of Use

Applicable Websites: www.inovadrive.com and www.inovadrive.ca
Company Name: Novadrive Car Rentals Ltd.
Last Updated: November 13, 2025

These Terms of Use ("Terms") constitute a legally binding agreement between you and Novadrive Car Rentals Ltd. (operating as "Novadrive," "we," "us," or "our," and sometimes referred to as the "Platform Provider"), governing your access to and use of our websites, including www.inovadrive.com and www.inovadrive.ca, and all associated services, applications, and features (collectively, the "Platform" or "Service"). Novadrive operates an online peer-to-peer car sharing marketplace connecting private vehicle owners ("Hosts") with individuals seeking to rent vehicles ("Renters").

By accessing, browsing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the mandatory insurance provisions, Host Indemnity clause, and the binding Arbitration Agreement (Section 11). If you do not agree to these Terms, you may not access or use the Platform.

1. Insurance, Liability, and Host Indemnity (CRITICAL SECTION)

1.1 Host Insurance Requirements and Mandatory Undertaking

Novadrive Car Rentals Ltd. DOES NOT provide primary third-party liability, collision, or comprehensive insurance coverage for vehicles listed on the Platform. The Host's compliance with insurance laws is paramount to using our Service.

Host’s Exclusive Responsibility:

As a Host, you are solely responsible for ensuring your vehicle is legally and properly insured for peer-to-peer commercial rental activity in British Columbia.

Mandatory ICBC/Broker Compliance:

You must contact your insurance broker (e.g., Autoplan broker for ICBC) to obtain the necessary insurance for P2P car sharing. This typically involves:

• Changing your vehicle's ICBC Rate Class to the appropriate category for peer-to-peer sharing (e.g., a "Peer-to-Peer Car Sharing" or equivalent class).
• Purchasing the mandatory Peer-to-Peer Rental Vehicle Use Endorsement or equivalent optional coverage that ensures your vehicle and its operation are fully insured during the rental period.

Documentation and Proof:

You must maintain this valid, adequate insurance coverage at all times. Novadrive reserves the right to request and verify proof of this updated insurance at any time.

Breach and Consequence:

Failure to properly insure the vehicle for P2P rental use is a material and fundamental breach of these Terms. You acknowledge that this failure could result in your personal insurance coverage being forfeited and you potentially being held personally responsible for the full value of all claims (for damages, injury, or death) that arise from a crash during a rental, in addition to immediate account suspension or termination by Novadrive.

1.2 Host Indemnity and Release of Claims Against Novadrive

To mitigate the Platform Provider's risk in a P2P liability model, you, as the Host, explicitly and irrevocably agree to indemnify, defend, and hold harmless Novadrive Car Rentals Ltd., its directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with any property damage, bodily injury, or death occurring during a rental period facilitated through the Platform, regardless of fault.

• Exclusive Reliance on Host's Policy: You expressly agree that in the event of any loss, accident, damage, injury, or death involving your vehicle during a rental, your valid insurance policy (as required in Section 1.1) will be the sole, primary, and exclusive source of recovery.
• Waiver of Claims: You explicitly and irrevocably waive your right to sue Novadrive Car Rentals Ltd. for any loss, damage, or liability (including, but not limited to, physical damage to your vehicle, diminished value, lost income, or legal costs) resulting from a rental transaction facilitated by the Platform.
• Platform’s Cooperation: Novadrive’s obligation concerning insurance claims is strictly limited to providing the necessary Renter and transaction information to your insurance company or law enforcement, if lawfully requested, to assist in their claims investigation and processing.

1.3 Renter’s Financial Responsibility

Primary Liability: The Renter assumes primary financial responsibility for all costs, damages, and claims arising from the operation of the rented vehicle during the rental period.

Required Coverage: Renters must possess a valid driver’s license and will be subject to a pre-authorized security deposit. Renters acknowledge they are financially responsible for:

• Physical damage to the vehicle up to the amount specified by the Host’s insurance deductible or the vehicle’s full value, whichever applies.
• Loss of use fees, administrative fees, and any third-party liability claims that exceed the Host’s insurance limits or are not covered by the Host's policy.

2. Detailed Roles and Responsibilities

2.1 Host Responsibilities (Detailed)

Hosts are considered independent contractors and are solely responsible for all aspects of their listing and vehicle management.

Vehicle Eligibility & Maintenance:

• The vehicle must be legally registered and insured for P2P use in British Columbia (as per Section 1.1).
• The vehicle must be mechanically sound, safe, and roadworthy, with no existing safety recalls.
• The Host must perform all required maintenance (e.g., oil changes, brakes, tires) as scheduled by the manufacturer and must be able to provide maintenance records upon request.
• The vehicle must have a valid inspection certificate if required by BC law.

Listing and Pricing:

• All listing descriptions (mileage, features, condition) must be accurate and complete.
• Hosts set their own rental prices, but these must comply with Novadrive's minimum and maximum price thresholds.
• Hosts must clearly disclose all rules, including non-smoking policies, pet policies, and mileage limits.

Pre- and Post-Trip Documentation:

• The Host is responsible for thoroughly documenting the vehicle's condition, including fuel/charge level, odometer reading, and any pre-existing damage (scratches, dents, interior stains) immediately before and after the rental using the Platform's designated documentation process (e.g., uploading time-stamped photos).
• Failure to properly document the pre-trip condition may severely limit the Host's ability to claim for new damage against the Renter.

Handover and Pickup:

• The Host must ensure the vehicle is clean and available at the agreed-upon time and location.
• The Host must verify the Renter’s identity and valid driver’s license at the start of the trip.

2.2 Renter Responsibilities (Detailed)

Renters agree to assume personal responsibility for the vehicle and its safe operation during the rental period.

Eligibility and Verification:

• Renters must be at least 21 years of age (or as specified by the Host and Novadrive policies).
• Renters must possess a valid, non-suspended driver’s license recognized in British Columbia.
• Renters consent to Novadrive conducting background checks, including driving record checks, prior to approving a trip.

Vehicle Operation and Care:

The Renter must operate the vehicle in a safe, courteous, and lawful manner, abiding by all applicable BC traffic laws.

Prohibited Uses: The vehicle must not be used for:

• Illegal purposes (e.g., drug transport, felony commission).
• Racing, speed contests, or high-risk activities (e.g., stunt driving).
• Towing other vehicles or trailers without express written permission from the Host.
• Commercial purposes, such as operating a taxi, Uber/Lyft, or delivery service, unless explicitly declared and approved by the Host and Novadrive.
• Driving under the influence of alcohol, cannabis, or any controlled substance.

Authorized Drivers:

Only the Renter and any other drivers explicitly listed, approved, and verified on the booking are permitted to drive.

Return of Vehicle:

• The Renter must return the vehicle on time, to the exact agreed-upon location, and with the agreed-upon fuel/charge level.
• The Renter is responsible for any damage, dirt, or debris beyond reasonable wear and tear. A standard cleaning fee will be charged for excessive dirt or soil, and a specialized fee will be charged for evidence of smoking, pets (if prohibited), or other prohibited activities.

3. Account Registration and User Conduct

3.1 Account Security and Accuracy

• You must provide accurate, current, and complete information during registration and keep your account details updated.
• You are responsible for all activity that occurs under your account. Novadrive is not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials.

3.2 No Harassment and Safety Policy

Zero-Tolerance Policy: Novadrive enforces a strict zero-tolerance policy against all forms of harassment, discrimination, or abusive conduct, including:

• Verbal, physical, or written abuse towards Hosts, Renters, or Novadrive staff.
• Discrimination based on race, religion, gender, disability, sexual orientation, or national origin.
• Stalking, intimidation, or the misuse of personal contact information obtained through the Platform.

Reporting: Users must immediately report any harassment or safety concerns to Novadrive.

Consequences: Any user found to be in violation of this policy will face immediate and permanent account termination, and Novadrive may report the incident to law enforcement.

4. Payment Processing and Fees

4.1 Stripe Integration

All payments, including rental fees, security deposits, Host payouts, and damage claims, are handled by our third-party payment processor, Stripe.

• Consent: By using the Platform, you agree to be bound by the Stripe Connected Account Agreement and the Stripe Terms of Service. Failure to agree to Stripe’s terms constitutes a breach of these Terms.
• Fee Structure: Novadrive charges a service fee to both the Host and the Renter for facilitating the transaction, which is deducted from the transaction total.
• Security Deposit: Renters authorize Novadrive to place a temporary pre-authorization hold on their payment method for a security deposit. This hold may be used to cover incidentals, cleaning fees, or minor damages, or will be released after the trip ends.
• Host Payouts: Host payouts are processed through Stripe and typically released [Number] days after the Renter checks out, subject to the clearance of the payment and any pending disputes.

4.2 Fines, Penalties, and Tolls

• Renter Responsibility: The Renter is solely responsible for all parking tickets, traffic violations, toll charges, photo radar fines, and impound fees incurred during the rental period.
• Administrative Fee: Novadrive reserves the right to charge an administrative fee, in addition to the fine amount, to process and forward payment for any such violation on the Renter's behalf.

5. Accidents, Damage, and Claims Procedure

5.1 Immediate Reporting

In the event of an accident, theft, or damage during the rental period, both the Host and Renter must:

1. Ensure the immediate safety of all persons.
2. Contact emergency services (911) if necessary.
3. File an official police report if there is injury, significant property damage, or theft.
4. Notify Novadrive and the other party immediately through the Platform’s designated reporting channel.

5.2 Claims Process

• Damage Assessment: Novadrive will initiate the damage claims process by reviewing the pre-trip and post-trip documentation provided by the Host and Renter.
• Host's Role: The Host must submit a formal claim with their insurance provider (ICBC or private insurer) as required by Section 1.1. The Host is responsible for paying their deductible and managing the repair process with their insurer.
• Novadrive’s Role: Novadrive will provide the Host's insurer with the Renter’s identity and contact information upon lawful request, and charge the Renter for any financial liabilities (e.g., deductible, loss of use) as determined by the Platform's investigation and the Host's insurance claim outcome.

6. Data Collection and Privacy

6.1 Consent to Data Use

You understand and consent to the collection and use of your data, as detailed in our Privacy Policy, for the purposes of operating, improving, and securing the Platform.

• Google Analytics: We use Google Analytics to collect non-personal data on website traffic, demographics, and user interaction to improve our service offerings.
• Microsoft Clarity: We use Microsoft Clarity for session recording, heatmaps, and other visual analytics to understand user navigation and optimize the Platform's interface.
• Telematics (Host Notice): If a Host's vehicle contains a telematics device (GPS, tracking, diagnostic data), the Host must disclose this to the Renter in the listing. By renting such a vehicle, the Renter consents to the collection of anonymized driving data (e.g., speed, hard braking) by the Host and the Platform for safety, insurance, and dispute resolution purposes.

6.2 Information Sharing

You consent to Novadrive sharing your information with:

• Insurance Companies: Host's insurance company for the purpose of processing claims (as per Section 1.2).
• Law Enforcement: As required by law, warrant, or court order.
• Stripe: For payment processing and fraud prevention (as per Section 4.1).

7. Platform Safety, Security, and Termination

7.1 Safety and Security

Novadrive takes reasonable steps to secure the Platform, but we cannot guarantee that the Platform will be free of defects, errors, or viruses. You use the Platform at your own risk.

7.2 Suspension and Termination

Novadrive may immediately suspend or terminate your account and access to the Platform at its sole discretion, without notice, for any reason, including but not limited to:

• Breach of the mandatory insurance requirements (Section 1.1).
• Violation of the No Harassment Policy (Section 3.2).
• Provision of false or misleading information.
• Any act that Novadrive determines to be harmful to the Platform, other users, or third parties.

8. Disclaimer of Warranties

The Platform and all content, materials, and services are provided on an "as is" and "as available" basis. Novadrive Car Rentals Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure.

9. Limitation of Liability

Novadrive Car Rentals Ltd. shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, or personal injury, related to, in connection with, or otherwise resulting from your use of the Platform or the rental of any vehicle, even if we have been advised of the possibility of such damages.

Novadrive's total liability to any user for all claims arising out of or related to these Terms or the use of the Platform is limited to the greater of (a) the amount of service fees paid by the user to Novadrive in the six (6) month period preceding the event giving rise to the claim, or (b) fifty Canadian dollars ($50 CAD).

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

11. Dispute Resolution and Arbitration Agreement

11.1 Mandatory Negotiation and Mediation

Before initiating any arbitration or legal action, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days. If negotiation fails, the parties agree to try in good faith to resolve the dispute through non-binding mediation in Vancouver, British Columbia, before a single mediator chosen by mutual agreement.

11.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Vancouver, British Columbia, under the rules of [Insert name of Canadian Arbitration body, e.g., the ADR Institute of Canada].

• Waiver of Jury Trial: You and Novadrive explicitly waive the right to a trial by jury.
• Class Action Waiver: You and Novadrive agree that each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding.

12. Miscellaneous Provisions

• Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Novadrive and you regarding the Platform.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Novadrive’s prior written consent.
• Notices: Any notices to Novadrive must be sent to the contact information listed on the Sites.

13. Modifications

Novadrive reserves the right to modify these Terms, including the mandatory insurance and indemnity clauses, at any time. We will provide notice of any material changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the Platform after any such modification constitutes your acceptance of the revised Terms.