Effective: 2025
In addition to the Rules and obligations set forth in the Positivity Market, Inc. Contract, Members are required to take careful note of, and abide by, the Rules set forth in this Schedule 1. All applicants for membership with Positivity Market, Inc. should read and understand these Rules before they apply and before they pay any applicable application and/or membership fees. By becoming a Member or continuing to be a Member, you are deemed to have accepted and agreed to abide by all of the following Rules. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the Contract.
1. Persons Permitted to Use Equipment
Only properly licensed active Positivity Market, Inc. Members in good standing are allowed to drive Positivity Market, Inc. equipment. Non-Members are expressly prohibited from driving a Positivity Market, Inc. equipment at any time.
2. Prohibited Uses
2.1 The use of a Positivity Market, Inc. equipment under the following conditions is prohibited:
a. use of a Positivity Market, Inc. equipment off-road, or for racing, pace making, testing the equipment’s reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials;
b. towing of any trailer or other equipment;
c. carriage of passengers for hire or reward;
d. by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of equipment is prohibited or not recommended;
e. in the carrying out of any crime or for any other illegal activity or purpose;
f. in an imprudent, negligent, or abusive manner or any other abnormal use of the equipment;
g. by any person who has provided Positivity Market, Inc. with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);
h. carrying a number of passengers that exceeds the designed seating capacity of the equipment or baggage or other items that would cause the equipment to be overloaded;
i. carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
j. driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
k. in connection with the motor trade;
l. carrying or transporting third party goods for payment (for example, providing courier or delivery services); and
m. transporting professional sports persons or professional entertainers.
2.2 The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Positivity Market, Inc. equipment, as determined by Positivity Market, Inc. in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Members must always use Positivity Market, Inc. equipment in accordance with all highway and other applicable laws and regulations. Positivity Market, Inc. may report to the authorities any use of a Positivity Market, Inc. equipment or other activities that are in violation of applicable laws and/or regulations.
2.3 Positivity Market, Inc. may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Member may be cancelled by Positivity Market, Inc. at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Positivity Market, Inc. as a result of a breach of any of these Rules.
3. Reserving Positivity Market, Inc. Equipment
Reservations will be made in accordance with Schedule 2 (Special Conditions – Positivity Market, Inc. Flex) or Schedule 3 (Special Conditions – Positivity Market, Inc. Roundtrip) as applicable.
4. Equipment Condition
4.1 Prior to taking possession of equipment, you must do an exterior walk-around and an interior look-over. Before driving the equipment, you must notify Positivity Market, Inc. of any damage or abnormality encountered on the equipment or in the operation of the equipment. Without limiting the foregoing, you should report to Positivity Market, Inc. any warning lights that stay on after the ignition is engaged, any indication of leaking fluids near the equipment, any cracks or chips in the windscreen, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, any other condition that may render the equipment unsafe to operate, and any other damage that is not recorded in the equipment damage log located in the equipment (the “Damage Log”). If you observe any damage that is not reported in the Damage Log, you are required to inform Positivity Market, Inc. of such damage prior to driving the equipment in the required manner as set out on our website.
4.2 If Positivity Market, Inc. is not notified of a problem before you take possession of equipment and/or driving the equipment, you will be deemed to be responsible for any problem with the equipment discovered or reported after your reservation, including, without limitation, damage to the equipment, lack of cleanliness or low fuel. You will be charged a Damage Administration fee of £30 if no third party involvement, or £50 if there is third party involvement, and may be charged the Damage Fee, a cleaning fee, low fuel fee or other applicable fees, and Positivity Market, Inc. may suspend, or may even terminate your membership in certain circumstances.
4.3 The key, key fob or other starting device to the equipment must remain in the equipment and/or be returned to its designated position within the equipment at the conclusion of the reservation. The equipment must be locked using the equipment key at all times when it is not in use during your reservation. Using the Positivity Market Key or Positivity Market, Inc. App to lock the equipment ends your reservation. You must advise Positivity Market, Inc. immediately if you fail to leave the key/fob/starting device, fuel card or parking pass (if applicable) in the equipment. You will be charged the relevant rate for the equipment until you notify Positivity Market, Inc. in the required manner as set out on the website and you will remain responsible for the equipment during such period. You may also be charged a fee to replace any of the items missing from the equipment.
5. Stolen Equipment
Stolen equipment must be immediately reported to Positivity Market, Inc. by calling us and the Positivity Market Key must be immediately returned to Positivity Market, Inc. as proof that you had the Positivity Market Key secured when the equipment was stolen.
6. Belongings and Lost Property
You must check that you have not left any belongings in the Positivity Market, Inc. equipment. Positivity Market, Inc. makes reasonable effort to reunite lost belongings with their owner; however, Positivity Market, Inc. shall not be held liable for any belongings left in equipment or stolen from equipment, and you agree not to hold Positivity Market, Inc. responsible for any such belongings, whether they are your belongings or the belongings of any third party. Any lost property not claimed after 3 months will be disposed of/given to charity.
7. Charging Electric Powered Equipment
For electric powered equipment, you are also required to plug-in the equipment to the equipment’s charging station at the end of the reservation. Failure to do so may result in additional fees as described in the Additional Charges Schedule.
8. Refueling and Eligible Expenses
See Schedule 2 (Special Conditions – Positivity Market, Inc. Flex) and Schedule 3 (Special Conditions – Positivity Market, Inc. Roundtrip) for when you may be responsible for refuelling a Positivity Market, Inc. equipment and the Eligible Expenses that we may reimburse depending on whether you are using a Positivity Market, Inc. equipment under the Positivity Market, Inc. Flex or Positivity Market, Inc. Roundtrip.
9. Maintenance/Cleanliness
9.1 Positivity Market, Inc. will perform all necessary and required routine maintenance on all of its equipment. However, Members are responsible for the internal cleanliness of equipment by removing rubbish and we expect Members to assist in helping us to maintain the driving safety and performance of the equipment, in particular during longer reservations or when the equipment indicates that service or maintenance is required, by calling us.
9.2 Equipment may require Roadside Assistance from time to time. Positivity Market, Inc. provides Roadside Assistance support as part of our service. If, however, a Member’s need for Roadside Assistance results from a breach of this Contract or a violation of Positivity Market, Inc. Rules, the Member may be charged for the costs of the service.
9.3 Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Positivity Market, Inc. as soon as noted by calling us. Failure to report such irregularities during the use of a Positivity Market, Inc. equipment may result in the Member’s immediate suspension or termination of membership as well as the Member being responsible for any damages resulting from the continued use of the equipment despite such irregularities. Such damages are not limited to the Damage Fee and are not covered by Positivity Market’s insurance or a Damage Fee Waiver.
10. Breakdown or Incidents
10.1 All breakdowns, accidents or similar incidents involving Positivity Market, Inc. equipment must be reported to Positivity Market, Inc. immediately by phone.
10.2 Breakdown and Roadside Assistance. When using equipment, you must follow the owner manual’s instructions. If a problem arises that prevents or limits the use of the equipment or that may compromise safety, you must immediately notify Positivity Market, Inc. and follow Positivity Market’s instructions. Members may pay for towing, repairs, and other expenses, if authorised by a Positivity Market, Inc. representative (in which case these amounts will be considered Eligible Expenses reimbursable as provided in Schedules 1, 2 and 3 as applicable), or, if approved by Positivity Market’s representative, you may charge them to Positivity Market’s account with the applicable service vendor.
10.3 Jump start. It is strictly forbidden to perform or receive a jump start to any Positivity Market, Inc. equipment or to use a Positivity Market, Inc. equipment to perform a jump start to any other equipment. You are fully responsible for any loss, liability and/or damage that may result from a breach by you of this Section 10.3.
10.4 Accident. In case of an accident the Member must call Positivity Market, Inc. immediately and complete Positivity Market’s incident report form and obtain the following information:
a. Date, time, and place of accident;
b. The number plates of any other equipment involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
c. The names, addresses, and driver’s licence numbers of the persons involved in the accident;
d. The name, address, and driver’s licence number of the owner of the car (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons; and
f. Circumstances of the accident.
Member must complete Positivity Market’s incident report form and return it to us as soon as possible (and in any event by no later than 7 days from the date of the incident). If the Member fails to send Positivity Market, Inc. the incident report form then Positivity Market, Inc. has the right to recover all direct losses arising from the failure to provide the incident report form. You must not knowingly tell us wrong information. If you do, you will lose the benefit of any waivers, excess reduction products and third party liability insurance, to the extent we are permitted to do so by law.
10.5 Investigation and procedure. Members must provide to Positivity Market, Inc. and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against Positivity Market, Inc. regarding any accident involving a Positivity Market, Inc. equipment. Members agree to cooperate fully with Positivity Market, Inc. in the investigation and defense of any such claim or lawsuit. A Member’s account will be suspended until the investigation has been concluded.
10.6 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Positivity Market, Inc. equipment and all third party injuries and property damages resulting from any of the foregoing, up to the current Damage Fee as set forth in the Rate Schedule (except to the extent a DFW has been purchased). Estimates for any costs will be available to the Member for review and costs may be assessed in advance of repair. Please note that, as provided in clause 5.1 of the Contract, a Member may be responsible for all applicable damages and costs arising from the Member’s failure to comply with the terms of the Contract.
11. Traffic Violations
11.1 You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Positivity Market, Inc. equipment. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion.
Wherever possible it is the Member’s responsibility to pay the relevant authorities directly. Positivity Market, Inc. may impose a fee in connection with processing any such violations. See our Additional Charges Schedule. You must report such violations to a Positivity Market, Inc. representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court).
11.2 You must notify Positivity Market, Inc. of any traffic violation notices found on equipment at the time of pickup of the equipment. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or is responsible for the Positivity Market, Inc. equipment.
11.3 At the end of your use of a Positivity Market, Inc. equipment and/or reservation, you must not leave equipment in a zone which has parking restrictions or which is not within the Designated Parking Zone or a Positivity Market, Inc. Roundtrip equipment anywhere which is not its Dedicated Parking Space. If you leave the equipment in such a restricted zone, you must immediately notify Positivity Market, and you will be responsible for any and all violation notices, parking charges or towing charges incurred by Positivity Market.
11.4 Where a violation, incurred during the Member’s reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to Positivity Market, Positivity Market, Inc. will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member’s account or Positivity Market, Inc. may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Positivity Market, Inc. will always inform a Member which one of these two courses of action it has taken. Once paid by Positivity Market, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Positivity Market, Inc. and will be at Positivity Market’s absolute discretion. In the case of speeding notices or traffic violations, Positivity Market, Inc. is obliged by law to pass on the offending Member’s details to the police who will then contact the Member directly.
12. Access Card/Unlocking of the Equipment by Positivity Market
Members must use the Positivity Market, Inc. app to lock and unlock Positivity Market, Inc. equipment at the start and the end of their reservation. In the case of Positivity Market, Inc. Roundtrip Members may use a Positivity Market Key to lock and unlock Positivity Market, Inc. equipment. It is recommended that Members carry their Positivity Market Key at all times. Equipment-rental/hire companies, service stations, and other businesses that have relationships with Positivity Market, Inc. may require Members to present their Positivity Market Key to receive services. Positivity Market, Inc. may agree to remotely unlock or lock equipment for a Member who has forgotten or lost his/her Positivity Market Key, at the start or end of the reservation period. Positivity Market, Inc. may make a charge for locking or unlocking the equipment remotely, see our Additional Charges Schedule.
13. Smoking and Pets
Positivity Market, Inc. equipment are smoke-free and smoking is strictly prohibited in a Positivity Market, Inc. equipment. Pets are also prohibited, unless they are transported in locked pet carriers. Members are subject to Additional Charges Schedule if evidence of smoking or pets is found in Positivity Market, Inc. equipment. If a Member smokes or permits any other person to smoke in Positivity Market, Inc. equipment, the Member’s membership may be terminated.
