MyCarPooling Terms & Conditions
MyCarPooling is owned
and operated by Vidlogic Pty Ltd. MyCarPooling that lets drivers and passengers to pool the
car and find the match for their travel in real-time. Our service is designed
to give you as much control and ownership over your car pooling experience as
possible and generally help passengers and drivers connect to more efficiently.
Please read these
Terms and Conditions carefully before using MyCarPooling
application. By using MyCarPooling you accept these Terms
and Conditions and agree to be bound by and comply with the following Terms and
Conditions without modification. If you do not accept these Terms and
Conditions you must not use MyCarPooling. If you have
any questions regarding these Terms and Conditions please contact
us at support@mycarpooling.com.au.
"User",
"You", "your" and "yours"
Refers to the person using MyCarPooling mobile application
"We",
"us" and "our"
Refers to Vidlogic
Pty Ltd
“Car Pooler” Refers to Driver
“Car Seeker” refers to Passenger
1.
In order to use MyCarPooling
application, you must be at least eighteen years old.
2.
You are entirely responsible for your posted
journeys.
3.
For customer safety we check the identities
of all users using greenid online verification
system.
4.
You are responsible for all equipment
(including but not limited to computer, software, telephone, internet and other
telecommunication systems) used to access MyCarPooling,
together with any charges or costs incurred as a result of its use.
You must be responsible for your use of the service and your own
behaviour as a Car pooler. In particular, you must ensure that you comply with
all relevant laws and take all reasonable care for your own safety and the
safety of others
1.1 You can
use MyCarPooling application as a car pooler, only if
you have valid driver’s license and legally permitted to drive in Australia. We
will not let you join (in our discretion) where: (i)
we have reason to believe that you are not legally permitted to drive in
Australia; or (ii) you do not provide the required information for registration
1.2 You agree:
1.2.1
All information and details provided by you
to us (including on registration) are true, accurate and up-to-date in all
respects and at all times. You can update or correct your details at any time
via the MyCarPooling app or contact us directly support@mycarpooling.com.au;
1.2.2
you provide your consent to VidLogic Pty Ltd to validate your Driver licence and
identity via Edentiti.
1.2.3
You will not use MyCarPooling
app for any unlawful purpose; in any way that interrupts, damages, impairs or
renders MyCarPooling less efficient; to transfer
files that contain viruses or other harmful programs; to access or attempt to
access the accounts of other users or to penetrate or attempt to penetrate any
security measures; to disseminate any content which is defamatory, obscene, or
may have the effect of being harassing, threatening or abusive to an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age or disability or otherwise; to advertise or promote third
party or your own products or services (other than your car pooling in the
normal course of the use of MyCarPooling);
1.2.4
and warrant that: you have all the
appropriate licenses; that you own or have the legal right to operate the
vehicle you use when using MyCarPooling and that such
vehicle meets all relevant safety standards; and that you have valid insurance
cover for your vehicle;
1.2.5
to refrain from doing anything which we
reasonably believe to be disreputable or capable of damaging our reputation;
1.2.6
that you will comply with all applicable
laws and be responsible for the provision of your services to passengers
(including without limitation, following safety laws in relation to the use of
mobile devices whilst driving);
1.2.7
to compensate and defend us fully against
any claims or legal proceedings brought against us by any other person as a
result of your breach of these Terms.
1.3 In
relation to the reporting information that we provide, we use all reasonable
endeavours to ensure that such information is accurate but we can't guarantee
that it will always be accurate or correct and therefore you should use your
own judgment when acting on the basis of information provided.
1.4 Please note that we are not responsible for the
behaviour, actions or inactions of drivers whom you may travel with using MyCarPooling or otherwise. Any contract for the provision
of car-pooling services is between you and the driver and not MyCarPooling and we simply provide a complete end to end
car-pooling platform to drivers and passengers.
You must be responsible for your use of the service and your own
behaviour as a Car Seeker. In particular, you must ensure that you comply with
all relevant laws and take all reasonable care for your own safety and the
safety of others
2
YOUR USE OF MYCARPOOLING
2.1 You can
only use MyCarPooling where you have registered to do
so.
2.2 You agree:
2.2.1
all information and details provided by you
to us (including on registration) are true, accurate and up-to-date in all
respects and at all times. You can update or correct your details at any time
via the MyCarPooling app;
2.2.2
you provide your consent to VidLogic Pty Ltd to check your identity.
2.2.3
that you will not use MyCarPooling:
for any unlawful purpose; in any way that interrupts, damages, impairs or
renders MyCarPooling less efficient; to transfer files
that contain viruses or other harmful programs; to access or attempt to access
the accounts of other users or to penetrate or attempt to penetrate any security
measures; to disseminate any content which is defamatory, obscene, or may have
the effect of being harassing, threatening or abusive to an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age or disability or otherwise; to advertise or promote third party
or your own products or services;
2.2.4
to refrain from doing anything which we reasonably believe to be
disreputable or capable of damaging our reputation;
2.2.5
that you will comply with all applicable laws;
2.2.6
to treat car pooler introduced to you through MyCarPooling with respect and not to cause damage to their
car;
2.2.7
to compensate and defend us fully against any claims or legal proceedings
brought against us by any other person as a result of your breach of these
Terms.
2.3 Please note that we are not responsible for the
behaviour, actions or inactions of drivers whom you may travel with using MyCarPooling or otherwise. Any contract for the provision
of car-pooling services is between you and the driver and not MyCarPooling and we simply provide a complete end to end
car-pooling platform to drivers and passengers.
3
CHARGES
AND PAYMENT
3.1 Charges
for use of the pooling system are set out on the app will include a brokerage
fee.
3.1.1
you may only accept and process payments
using PayPal account or Paypal supported credit card
types at this moment;
3.1.2
we have the right to suspend the processing
of any transaction where we reasonably believe that the transaction may be
fraudulent or involves any criminal activity or where we reasonably believe you
to be in breach of these Terms.
3.1.3
As a Passenger, you have an opportunity to review
and accept the fare that you will be charged based on our Fare Calculation
which we may change from time to time. Changes to that fare are effective after
we provide you with at least fourteen days' notice by posting the changes on
the MyCarPooling application.
3.1.4
As a Driver, you have an opportunity to
review fare that you will be paid based on our Fare Calculation which we may
change from time to time. Changes to that fare are effective after we provide
you with at least fourteen days' notice by posting the changes on the MyCarPooling application.
3.2 Unless
otherwise stated, fare is quoted in Australian Dollars. You are responsible for
paying all fees and applicable taxes associated.
3.3 You
acknowledge that payment providers may ask that we or they conduct an audit of
your activities to ensure compliance with these Terms and use of MyCarPooling and you agree to co-operate fully with any
such audit. You further agree that you will co-operate in relation to any
financial crime screening that is required and to assist us in complying with
any laws and card or financial institution rules or policies.
3.4 As a
passenger, once you have booked a journey with MyCarPooling
you won't be able to cancel before 30 minutes of travel start time and your
payment is non-refundable.
3.5 As a
Driver, once you have setup a travel and at least 1 passenger has accepted to
travel. You cannot cancel before 30 minutes of travel start time and if you do
so penalty applies.
Travel Cancellation and Penalty
3.5.1
Passenger
·
If booking is
cancelled between 0 to 15 mins of travel time then penalty of 60% of booking
charge will be applied
·
If booking is
cancelled between 16 to 30 mins of travel time then
penalty of 40% of booking charge will be applied
·
If booking is
cancelled between 31 to 60 mins of travel time then
penalty of 20% of booking charge will be applied
·
If booking is
cancelled before 60 mins of travel time then penalty
of 10% of booking charge will be applied
3.5.2
Driver
·
If there is no seeker opted for the travel
then there is no penalty for pooler to cancel the travel.
·
If there is one seeker opted for the travel
then there is 1 AUD change and same way each seeker opted for travel attracts
penalty of 1 AUD to pooler for cancelling the travel.
·
e.g. If 3 seeker opted for travel then 3 AUD
will be charged to pooler for cancelling the travel.
4
RELEASE
If you
have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
5
TERMINATION
5.1 We may
terminate these Terms and close any account you have with us by giving you 7
days' notice in writing by email to your registered email address. We may also
terminate these Terms and close your account without notice if you breach any
of your obligations under these Terms.
5.2 We reserve
the right to suspend, restrict or terminate your access to MyCarPooling
at any time without notice if we have reasonable grounds to believe you have
breached any of these Terms. This shall not limit our right to take any other
action against you that we consider appropriate to defend our rights or those
of any other person.
5.3 You may
cancel these Terms at any time by simply closing your account by following the
instructions on the app or website.
6
OUR LEGAL
OBLIGATIONS AND LIMITS ON OUR LIABILITY
6.1 We are not
responsible for: (i) losses not caused by our breach;
(ii) the actions or inactions of any passengers (other than in the
circumstances set out in clause 2.2); (iii) the actions or inactions of other
drivers; (iv) indirect losses which means loss to you which is a side effect of
the main loss or damage and where you and us could not have reasonably
anticipated that type of loss arising at the time of entering into these Terms;
or (v) failure to provide MyCarPooling or to meet any
of our obligations under these Terms where such failure is due to events beyond
our control (for example a network failure).
7
GENERAL
7.1 We may wish
to transfer our rights or obligations or sub-contract our obligations under
these Terms to another legal entity. You agree that we may do so provided that
this will not adversely affect the standard of service you receive under these
Terms. As set out in clause 5.3, you may terminate your agreement with us at
any time. These Terms are personal to you. You may not transfer your rights or
obligations under these Terms to anyone else.
7.2 You acknowledge that we have limited control
over the nature and content of information and chat transmitted or received by
you or other users of MyCarPooling. Although we reserve the right to do so, we
do not monitor such content in the usual course of business and will not be
liable for any such content. If you have a complaint about another user please
contact us via the app or website;
7.3 If any
part of these Terms is disallowed or found to be ineffective by any court or
regulator, the other provisions shall continue to apply.
7.4 These
Terms are not intended to give rights to anyone except you and us.
7.5 We are
constantly looking for ways to improve and expand MyCarPooling.
We may amend these Terms from time to time in order to reflect changes to MyCarPooling in which case we will give you reasonable
notice by email of any changes to these Terms. You can terminate at any time as
set out above.
7.6 These
Terms and Conditions were last updated on 16 October 2013.
8
INTELLECTUAL
PROPERTY
8.1 Your use
of MyCarPooling grants you no rights in relation to
our intellectual property rights (including, without limitation, copyright,
trademarks, logos, graphics, photographs, animations, videos and text or rights
in and to MyCarPooling software, applications and
website) or the intellectual property of our retail or advertising partners,
other than the non-transferable, personal right to use and receive the MyCarPooling services in accordance with these Terms;
8.2 Any rights
of use of any MyCarPooling (Vidlogic
Pty Ltd) IP that may be granted by us to you are strictly limited to accessing,
downloading and printing, and to use these documents for private and personal
purposes only. Any other use by the User is strictly prohibited without our
written authorisation.
8.3 You hereby
grant (and represent and warrant that you have the right to grant) to us an
irrevocable, royalty-free, perpetual, non-exclusive licence (together with the
right to grant sub-licences) to use (including for publicity purposes), copy,
reproduce, represent, adapt, modify, translate, scan, sub-licence, assign,
transmit, and/or create derivative works to any and all content, information,
data, images and/or materials you publish, upload, post on, disseminate,
broadcast and/or distribute on and/or through MyCarPooling ("Your
Content").
8.4 You hereby
expressly authorise us to modify Your Content in order to conform to the look
and feel of MyCarPooling and/or communications media
used by us and/or to make Your Content compatible with any technical processes
or appropriate media formats.
8.5 You must
not copy, reproduce or otherwise use for any purpose whatsoever any content
relating to other Users.
Legal
Disputes
If a dispute arises between you and MyCarPooling, our goal is to provide you with a neutral and
cost effective means of resolving the dispute quickly. We strongly encourage
you to first contact us directly to seek a resolution by going to
the Queries page. We will consider reasonable requests to resolve the
dispute through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes – This
Agreement will be governed in all respects by the laws of Victoria. We
encourage you to try and resolve disputes using certified mediation (such as
online dispute resolution processes). If a dispute cannot be resolved then you
and MyCarPooling irrevocably submit to the
non-exclusive jurisdiction of the courts of Victoria, Australia.
JURISDICTION
AND GOVERNING LAW
These Terms and
Conditions are governed by and will be interpreted in accordance with the laws
of Australia, without regard to any principles of conflicts of law. You agree
that any action to enforce these Terms and Conditions may be brought in courts
located in Australia. You further agree to submit to the personal jurisdiction
of these courts for the purpose of any proceeding arising out of these Terms
and Conditions and waive any objections and defences inconsistent with such
venue. By using MyCarPooling App, you represent and
warrant that your use complies with applicable law in your jurisdiction of
residence.