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.

Definitions

"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

Eligibility and Use

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.

Pooler Terms & Conditions of Service

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.

Seeker Terms & Conditions of Service

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.