IF YOU RESERVE A VEHICLE, YOU WILL ALSO BE GOVERNED SEPARATELY BY THE TERMS AND CONDITIONS OF YOUR RENTAL CONTRACT WITH YOUR SELECTED DEALER.
BY CLICKING ON THE “SUBMIT’ BUTTON BELOW, YOU: (A) REPRESENT AND WARRANT TO, AND COVENANT WITH, US THAT: (I) YOU HAVE REACHED THE AGE OF 25 AND HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH THE SECTION TITLED “CHANGE”. YOU MAY NOT ACCESS OR USE THE PLATFORM ON BEHALF OF ANOTHER PERSON.
The Platform is provided and operated by us. Some of the Services available through the Platform connect you with products and services offered by third parties, and you acknowledge that some of those Services may have fees associated with the end products or services that you may choose to purchase, rent or subscribe to. You acknowledge that the Services may have terms and conditions, including fees, that apply in addition to these terms and conditions.
The Boro Platform simplifies the process of choosing and renting a vehicle from an inventory of vehicles available based on the filter options you select. You may explore the vehicle inventory without signing up for a Boro account or signing into such an account, but you must sign up for an account in order to rent a vehicle. In order to sign up for a Boro account, you must provide us with i) your first name, ii) your last name, iii) your phone number, and iv) your email address. You will also be required to answer qualifying questions about your age, driving qualifications, driving history and criminal record in order to sign up for a Boro account, and may be disqualified from doing so based upon your responses.
An available vehicle is only assigned to you after you have finalized and placed your reservation and have received the booking confirmation email. Thereafter, you will need to contact the dealer directly if you wish to make any changes to your booking. You acknowledge that we do not set the fees and certain other terms governing the rental of any vehicles, which fees or terms may be different for similar or identical vehicles.
The terms of your Boro rental agreement are between you and the dealer you choose to rent a vehicle from. We will collect the funds you agree to pay to the dealer, and then we will disburse those funds among the dealer and our service providers. If you encounter a problem with your vehicle or your payment terms, you will need to contact the dealer directly. We are not responsible for any failure to supply, or lack of suitability or quality of, any vehicle provided by the dealer and that you may choose to purchase, rent or subscribe to through the Platform.
You agree that you will not:
While we aim to ensure that we can support the Platform on most popular operating systems, browsers, mobile devices, and computer hardware available in Canada, we have no obligation to support, or continue to support, the use of the Platform on or using all technologies. We only support the current version and immediately previous version of any software. We will not support any use of the Platform from a device that has been jailbroken, tampered with, rooted or otherwise modified by any person, be it at a hardware or operating system level.
The Platform is owned or licensed by us and may be protected by copyright, trademark or other intellectual property laws. Use of the Platform, except as expressly authorized, is a violation of this Agreement and may also be a violation of law. We grant you a personal, revocable, non-exclusive and non-transferable license to access and use the Platform during the term of this Agreement.
You agree to not directly or indirectly reproduce, compile, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Platform, in any form or medium whatsoever except that you may use a temporarily cached copy for the purpose of viewing the Content or making a reasonable number of printed copies for personal, non-commercial use.
We expressly reserve all rights in the Platform that are not specifically granted to you. You acknowledge that as between us and you, all right, title and interest in the Platform and any update, adaptation, translation, compilation, aggregation, customization or derivative work, and all intellectual property rights therein will remain with us.
By providing any Submissions, you agree that we may use such feedback for any purpose related to the Platform and any services without any obligation to compensate you.
You acknowledge that we can add to, change or replace the terms and conditions of this Agreement or any other terms and policies incorporated by reference herein. If we make a material addition, to, change or replacement of the terms or conditions of this Agreement (an “Amendment”), we will notify you of the Amendment and you will be required to agree to the Amendment in order to continue using the Platform and Services.
You acknowledge that we can add to, change, replace, cancel or otherwise make unavailable (including but not limited to in respect of any technical or security requirements, or functionality or features of) the Platform at any time (a “Platform Change”). If we make a Platform Change, we will notify you on the Platform and you will be required to agree to the Platform Change in order to continue using the Platform and Services.
We may immediately terminate this Agreement at any time and without notice in our discretion. Your license to use the Platform will terminate on the earlier of when you discontinue your use of the Platform, when we terminate this Agreement, or when we cease to provide the Platform to you for any reason.
Without limiting our other termination rights, we may immediately suspend your use of the Platform or terminate this Agreement if we have reason to suspect that you have used the Platform for fraudulent, illegal, or money laundering purposes, or if you have, in our sole discretion, misused the Platform.
You can close your account at any time. If you close your account, we will keep records of your account for reporting and accounting purposes and complete any transactions for which your records are necessary.
When you use the Platform, you agree that we may collect your personal information from you and third party sources. Examples of information collected may include: your name, address, telephone number, credit card number and expiry date, driver’s license number and expiry date, and date of birth. We may collect, use and disclose this information for a variety of purposes as described in the Boro Privacy Notice found at https://letsboro.ca/privacy.
You are responsible for maintaining the confidentiality and safekeeping of your Username, and authorization credentials. Your responsibilities include:
Do not allow any other person to register his or her fingerprints or any other biometric information on your device. If the biometric information of another person is used to conduct transactions or instruct the Platform, such transactions or instructions will be deemed to be authorized by you.
You will notify us immediately if:
You may notify us by sending an email at email@example.com.
In addition to notifying us, you must also do the following:
Subject to any limits imposed by applicable law, we reserve the right to charge you a fee for access to or use of the Platform or any Service at any time. All amounts indicated in the Platform are in Canadian dollars. You are solely responsible for any fees or other charges relating to the use of your device, including but not limited to data plans.
You agree to pay for any transaction or subscription charges (as determined by us from time to time) that may be applicable for a Service for which your Username or authentication credentials were used, in accordance with the applicable Service’s terms and conditions. Payment may be made using a credit card or other payment methods that we may permit from time to time.
At the completion of each Services transaction, you will be provided with a transaction record through the Platform. In addition, at your request, we will provide you with a transaction record by email.
You are liable for all debts, withdrawals, deposits, transactions, advances, other activity and losses resulting from your use of the Platform.
Should you fail to comply this Agreement you will be responsible for any and all related losses and you will indemnify and hold us, our affiliates or our licensors harmless from any and all alleged, threatened or actual claims in respect thereof.
THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK.
WE ARE NOT LIABLE TO YOU FOR ANY DELAY, LOSS, DAMAGE OR EXPENSE THAT YOU INCUR WHICH RESULTS FROM OUR PROVIDING OR FAILING TO PROVIDE THE PLATFORM OR ANY SERVICE, INCLUDING IF YOU CANNOT USE YOUR AUTHORIZATION CREDENTIALS AT ANY TIME OR FOR ANY REASON, SUCH AS IF WE CANCEL OR TEMPORARILY DE-ACTIVATE YOUR ACCESS TO THE PLATFORM OR A SERVICE.
WE ARE NOT RESPONSIBLE FOR DAMAGES ARISING FROM YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, NOR FOR ANY ACCIDENT, ACT OF AGGRESSION, THEFT, LOSS OR DAMAGE YOU MAY SUFFER WHILE USING THE PLATFORM. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, EVEN IF WE ARE NEGLIGENT, WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOST OR DAMAGED OR CORRUPTED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND REGARDLESS OF THE BASIS OF THE CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that none of our partners, licensors or service providers nor any of their respective licensors or affiliates, will have any obligation to provide you with maintenance services or to support the Platform nor will they have any liability whatsoever (to you or any third party) in relation to the Platform, including without limitation, in relation to any sale, distribution, use, performance or non-performance of any products or services you may be able to access using the Platform. You also acknowledge that each of them will be third party beneficiaries with respect to this Agreement and therefore will be entitled to enforce the terms of this Agreement against you.
The Platform is designed to facilitate your interaction with various Services, including the ability to rent vehicles from select dealers or other Services offered by third parties that may be described in other agreements or on the Platform (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party, for example your rental contract, and are not provided under this Agreement.
Your access to and use of any Third Party Offering is governed by the terms and conditions respecting such Third Party Offering found on or through the applicable website, application or elsewhere (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third Party Offering available to you, and for complying with the Third Party Terms.
We make no representations, warranties or guarantees with respect to any Third Party Offering, nor are we liable to you in any way with respect to any Third Party Offering. Without limiting the foregoing, we are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services provided by a third party and that you may choose to purchase, rent or subscribe to through the Platform. All disputes between you and such party, including your rights to compensation or any rights of set-off, will be settled directly by you with the applicable third party. We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the third party as a condition of honouring your payment.
The party(ies) to this Agreement has/have requested that this document be drawn up in English. Les parties ont demandé que ce contrat soit rédigé uniquement en anglais.
If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the Province of Quebec. Otherwise, this Agreement will be governed by and interpreted in accordance with the laws of the province of Ontario and the laws of Canada, as applicable. Any dispute relating to this Agreement outside of Quebec will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
For any questions or concerns (including regarding a lost, stolen or compromised Username or Authorization Credentials or problems with the Platform) you may contact us by sending an email at firstname.lastname@example.org. or contacting us through the Platform.
We will contact you through the information you provide to us on the Platform. It is your responsibility to ensure that your contact information is up to date.
If you have a complaint about the Platform or the Website please contact us at email@example.com.
Authorization Credential(s) means each combination of numbers, symbols or letters selected by you, for your use, as a means of confirming your identity, authorizing transactions or accessing the Platform in conjunction with your Username. Your Authorization Credentials include, but are not limited to, information such as access codes, passwords, passcodes, or anything else we permit in the future that allow you to access or use the Platform.
Content means all content displayed in any form or medium on the Platform.
Submission or Submissions means content, material, or other information including registration information that you may be able to submit, post, publish, display, or transmit using the Platform, either to us, other users or other persons through any functionality (such as chat, e-mail, message boards, profiles, or forums).
Username means a combination of numbers or letters that we may allow you to select in connection with your use of or access to the Platform.