Terms of Service
Last revised: September 15, 2016
Thank you for your interest in Envy!
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
Envy Hawaii, LLC dba Envy (hereinafter, “Envy,” “we,” or “us”), provides service for car rental. Envy is accessible online including at www.envy.rent, by phone or at the office (Envy’s website is hereinafter referred to as “the Services”.) By accessing or using the Services, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Envy.
If you have any questions for us concerning this Agreement or Envy generally, please contact us at email@example.com.
Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “Envy Account”) by either providing us your email address and creating a password or through a third-party social networking site account (“SNS”) (including, Facebook and Google). This feature might be unavailable for some period of time.
Verification. When you sign up to rent a car, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Driver.” You promise to provide complete and accurate information to Envy about yourself. You hereby authorize Envy to perform a check of your driving records, and to undertake other screening processes. Although Envy may undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users, we do not endorse any user, or his or her background. Envy may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Envy to request, receive, use, and store such information. Envy may accept or reject your application to become an Approved Driver in its sole discretion.
Consumer Report Authorization. When you apply to become an Approved Driver, you are providing Envy with written instructions and authorization in accordance with the Fair Credit Reporting Act or similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check. You are also authorizing Envy to obtain your personal and/or business credit report or conduct a background check at any time Envy reasonably believes there may be an increased level of risk associated with your Envy Account.
Ongoing Information Updates. You promise to update the information you have provided to Envy in the event of any changes to your driving record, contact information, or background (such as a criminal convictions). Specifically with respect to your contact information, Envy may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Envy Account, whether or not you have authorized such activities or actions. You will immediately notify Envy of any actual or suspected unauthorized use of your Envy Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
Your Commitments. You agree that you will always use Envy in compliance with the Terms of this Agreement and any other policies and standards provided to you by Envy. You commit that you’ll be a legally licensed driver, who will treat the car well and will take all reasonable measures to return the car on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- breach, violate, and/or circumvent any local, state, provincial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, third party rights or our systems, Policies, or determinations of your account status;
- post false, inaccurate, misleading, defamatory, or libelous content;
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Envy, or that comes from the Services and belongs to another Envy user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property privacy, publicity, moral, or contractual rights, except with prior express written permission of Envy;
Submit any false information, including:
- name, date of birth, drivers license, credit card, insurance, or other personal information;
- submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information;
- rent or drive any vehicle without a valid driver’s license;
- register for a Envy account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
- fail to pay your fees or other amounts owed to Envy or another user;
- fail as to timely deliver, make available, or return any vehicle, unless you have a valid reason as set out in our Policies;
- transfer your Envy account and/or user ID to another party without our consent;
- allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have rented;
Interfere with the operation of the Services, including:
- distribute viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Envy or the interests or property of others;
- bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Services or any individual element within the Services, Envy’s name, any Envy trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Envy’s express written consent;
- access, tamper with, or use non-public areas of the Services, Envy’s computer systems, or the technical delivery systems of Envy’s providers;
- attempt to probe, scan, or test the vulnerability of any of Envy’s system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Envy or any of Envy’s providers or any other third party (including another user) to protect the Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure.
Violations. Envy has the right, but not the obligation, to investigate, pursue, and prosecute violations of this Agreement to the fullest extent permissible by the law. Envy may access, preserve, and disclose any of your information if we are permitted or required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against Envy or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Envy, its users, or members of the public.
Envy reserves the right, at any time and without prior notice, to remove or disable access to any content that Envy, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services. If we believe you are abusing Envy, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Fees. The fees we charge for using our Services and other cost structures can be found on our Policy Pages.
Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. Envy, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to Envy by you. Such communication may be made by Envy or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information Envy reported to a credit bureau (e.g., Experian, Equifax, or TransUnion), please contact us at Envy. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Envy Account, you must contact the collection agency directly.
Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Envy is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Envy may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Envy or its agents for quality control and training purposes. You acknowledge and understand that your communications with Envy may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing at firstname.lastname@example.org.
Legal disputes for renters in the USA
Subject to applicable law, you and Envy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Envy, except as otherwise stated in the Terms of Service.
Agreement to Arbitrate. You and Envy each agree that any and all disputes or claims that have arisen or may arise between you and Envy relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Envy’s Services or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Honolulu, Hawaii, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Envy agree that you and Envy may bring claims against one another only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Envy agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief,” shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by certified mail or email, a completed form Notice of Dispute (“Notice”). The Notice to Envy should be sent via email to email@example.com or by mail to Envy, 704 Ala Moana Blvd., Honolulu, HI 96815. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Envy.
If you and Envy are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Envy may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Envy shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $35,000 or less, you or Envy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Envy subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Envy may attend by telephone, unless the arbitrator requires otherwise.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Envy user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, Envy will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Envy is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. If you are a new Envy user, you can choose to reject the agreement to arbitrate provision (“opt-out”) by emailing us an opt-out notice to firstname.lastname@example.org email address (“opt-out notice”) or via mail to Envy, 704 Ala Moana Blvd, Honolulu, HI, 96813. The opt-out notice must be received no later than 30 days after the date you accept the terms of service for the first time. If you are not a new Envy user, you have until 30 days after the posting of the new terms of service (February 10, 2016) to submit an arbitration opt-out notice.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Envy Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account email@example.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate. Not withstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Envy prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Envy. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Envy must be resolved exclusively by a state, federal, or small claims court located in Honolulu, Hawaii. You and Envy agree to submit to the personal jurisdiction of the courts located within Honolulu, Hawaii for the purpose of litigating all such claims or disputes.
Other Legal Matters
Envy Content. Subject to your compliance with the provisions of these Terms, Envy grants you a limited, non-exclusive, non-transferable license to access and view any Envy content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Envy or its licensors, except for the licenses and rights expressly granted in these Terms.
Envy is located at 704 Ala Moana Blvd., Honolulu, HI 96815.
Additional Terms for Renters
The following Sections apply if you rent a car using the Services.
Fees. You are responsible for paying all fees when they come due. You authorize Envy to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection package you select when booking your vehicle will not be available to you until your personal insurance has been exhausted. In addition, Envy protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you violate any of the Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your rental activities through Envy. You agree that in the event damage is reported, Envy may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Envy’s legal rights in connection with your use of the Services. You acknowledge that Envy may require and hold a deposit as part of the reservation of a car.
In addition to the terms in “Vehicle and Personal Protection” Section above:
Use of the Car. When you rent a car through Envy, you must use the car only for your personal use and not for any commercial purposes (e.g. driving for Uber or Lyft). You may not access a car until the beginning of your rental period and you must return the car on time and in the correct location. You must exercise reasonable care in your use of the car. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Envy has any concern about your use of a vehicle, Envy may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the car and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The Envy Policies on our Services provide a list of “Prohibited Uses” of any car rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact firstname.lastname@example.org. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a car, and the protection package may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveler’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Please complete a visual inspection before you begin your use of the car. If you find damage in your initial inspection, you should mark it in the sheet and take photos to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Envy may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe to drive, please do not use the car; in that event, please contact the Envy team immediately at 1-888-481-0998.
Incident Reporting. You must immediately report any damage to the car you are using to Envy at email@example.com or at 1-888-481-0998, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Envy with a written description of the incident and any other information Envy may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Envy, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Envy staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection purchased on Envy.