Terms and Conditions

Terms and Conditions

www.carpoolingdelhi.com
Terms and Conditions of Use

1. General.
1.1. Scope and Definitions.
These Terms and Conditions of Use ('Terms') apply to all services provided by www.carpoolingdelhi.com and incorporate both the terms and provisions below and the Privacy & Cookie Policy.
www.carpoolingdelhi.com operates this and any other domains it may operate from time-to-time (collectively referred to as the 'Site').

1.2. Defined Terms.
'Carpooling' means the sharing of a vehicle by a Driver and at least one Passenger in exchange for a Cost Contribution;
'Cost Contribution' means a Passenger's contribution towards the costs incurred by the Driver;
'Driver' means a person offering to transport Passengers to an agreed destination at an agreed time in exchange for the agreed Cost Contribution;
'Event' means an event posted to the Site by an Organiser;
'Member' refers to a registered user of the Site;
'Organiser' means a registered user who promotes an Event;
'Passenger' means a person who has accepted an offer to be transported by a Driver;
‘User Account’ means an account with the Site opened by a Member.

1.3. Acceptance of Terms.
These terms apply to any use of the Site whatsoever. By using the Site, Members accept these Terms in full, even if a Member does not create a User Account.
All Members accept that their personal data may be processed by CarpoolingDelhi in accordance with the Privacy & Cookie Policy.

1.4. Purpose of the Site.
1.4.1. The purpose of the Site is simply to provide a contact facility so that Members may organise their own carpooling arrangements or to promote carpooling for specific events. CarpoolingDelhi does not in any way accept responsibility for performance of any contract or arrangement whatsoever that may arise between Members, which remains solely and entirely the responsibility of Members themselves.
1.4.2. For the avoidance of doubt, these Terms are intended to create binding rights and obligations between Members and CarpoolingDelhi only in relation to the use and operation of the Site and do not constitute a basis for the creation of enforceable rights and duties between and among Members, thus this contract specifically excludes the operation of the Contracts (Rights of Third Parties) Act 1999.

1.5. Variation of the Terms, the Site and Service.
1.5.1. CarpoolingDelhi reserves the right in its absolute discretion to modify these Terms or the services provided through the Site at any time on prior reasonable written notice to all registered users. Members will be deemed to have accepted any varied Terms in the event that they use any Services offered through the Site following publication of the varied Terms.
1.5.2. CarpoolingDelhi may (inter alia) at any time in its absolute discretion vary, amend or withdraw the services provided through the Site, the functionality and/ or the “look and feel” of the Site without prior written notice to Members. Any such modifications shall be deemed to take effect as soon as the relevant changes are published to the Site.

2. Use of the Site.

2.1. User experience.
2.1.1. Carpooling is organised around specific Events. Users can either search for an Event [using the 'Search Events' tab] or promote carpooling to an Event [using the 'Create Event' tab]. Users must register with CarpoolingDelhi before making use of either function.
2.1.2. When searching for an Event, registered users must enter geographic or other information to search for the desired Event. To organise a carpooling arrangement, Members will see below the Event a list of other Members who intend to be at the Event and wish to carpool. Members can select either a Driver or Passenger as the case may be, and by clicking on the Member's entry, contact can then be made with the listed Member. Alternatively, members can post a notice of their intention to attend a specific Event, including their geographic location and whether Driver or Passenger, and this listing is then searchable by other Members who can link-up with them.
2.1.3. Organisers can promote carpooling for their Event through the Site by clicking on the 'Create Event' tab and entering the relevant information about the Event.
2.1. User Account and Accuracy of Information.
2.1.1. Each Member must create a User Account and provide any relevant personal information and data requested by CarpoolingDelhi.
2.1.2. Each registered user of the Site warrants that he or she is able to enter into a legally-binding contract, however for the avoidance of doubt it is agreed and acknowledged that use of the Site is limited to those who either (i). are over the age of 18 at the time of registration; or, (ii). have reached the age at which they are able to enter into a legally-binding contract in their jurisdiction, whichever shall be the greater.
2.1.3. Members agree and accept that all of the information they provide to CarpoolingDelhi at any time will be true, complete and accurate in all respects.
2.1.4. CarpoolingDelhi may not carry out any identity, residence or vehicle checks or verification of Members. It is entirely the responsibility of individual Members to verify the identity and safety of other Members with whom they carpool. In particular (and without limitation), CarpoolingDelhi will not be liable to any Member in the event that any information provided by any Member which is incomplete, incorrect, inaccurate, misleading or fraudulent.
2.1.5. Unless expressly agreed by CarpoolingDelhi, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.

2.2. No Commercial activity and Status of CarpoolingDelhi.
2.2.1. Use of the Site is strictly limited and restricted to those who wish to carpool in a private capacity or who wish to promote an Event. The Site may not be used to offer or accept carpooling (or any other form of transportation service) for profit or in any commercial or professional context, save that Organisers may use the Site to promote carpooling to commercial events
2.2.2. All Drivers who use this Site expressly undertake that they will not profit, directly or indirectly, from their use of this Site.. The Cost Contribution is to be agreed between the parties, but it is understood and agreed by Members that it may only be used to discharge the Driver’s costs and out-of-pocket expenses incurred as a direct consequence of carpooling and may not be used to generate any profit for the Driver in any circumstance whatsoever. This applies to all activities and arrangements booked using the Site and any additional services or activities which may be agreed between Driver and Passenger. The Driver must not provide additional services to any Passenger for profit or gain, and the Passenger may not accept or ask for any such services.
2.2.3. CarpoolingDelhi provides a contact facility only. All trips, collection points and destinations can be agreed between Members privately but for the safety and security of Members, Members can arrange meeting and collection points securely through the Site, should they wish.
2.2.4. Members are reminded that using the Site in a commercial or professional capacity may invalidate a Driver’s insurance. CarpoolingDelhi’s liability is limited in accordance with these terms and in particular CarpoolingDelhi is not liable in respect of any breach of any agreement between Members or breach by a Member of these Terms including where any Driver (in breach of these terms) offers services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Members to be vigilant in ensuring that services are not provided on a commercial basis.

2.3. Status of CarpoolingDelhi.
2.3.1. Neither CarpoolingDelhi nor the Site provide any transport services. The Site is a communications platform for Members to transact with one another. CarpoolingDelhi does not interfere with trips, destinations or timings. The agreement for carpooling is between the Driver and the Passenger. CarpoolingDelhi is not a party to any agreement or transaction between Members, nor is CarpoolingDelhi liable in respect of any matter arising which relates to a booking or carpool between Members. CarpoolingDelhi is not and will not act as an agent for any Member.
2.3.2. Any breach of these Terms will give rise to immediate suspension of a Member’s User Account and they may be restricted from accessing any further Services.

2.4. Types of Booking and Payment.
2.4.1. CarpoolingDelhi offers a free service which allows Members to contact each other to arrange a carpool.
2.4.2. A Passenger and Driver contact each other directly to arrange a carpool and any conditions of travel (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played etc). Members accept that given the nature of the service Drivers and Passengers will have no recourse to CarpoolingDelhi for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution. In particular it is the Driver’s responsibility to collect payment from the Passenger at the end of the Trip. CarpoolingDelhi is not responsible for any costs incurred as a result of planned carpools not being carried out, for any reason whatsoever.
2.4.3. CarpoolingDelhi will not contact either party and will take no steps whatsoever to manage the booking. The service is managed by Drivers and Passengers. Please note that CarpoolingDelhi reserves the right to change any aspect of the Site or its service which may include adding new services (which may require payment) or withdrawing services.

2.5. Conduct of Members.
2.5.1. Notwithstanding clause 2.4 above, Members warrant to CarpoolingDelhi that they shall at all times act reliably and in good faith when participating in carpooling arranged via this Site or in promoting carpooling to events via this Site.
2.5.2. All Members are may notify CarpoolingDelhi of other Members who are in breach of, have breached or are likely to breach the warranty in clause 2.5.1 above or are, have been or are likely to engage in similar conduct that poses a risk to themselves or other Members, or both, or that may damage the good repute of CarpoolingDelhi.
2.5.3. CarpoolingDelhi reserves generally the right to retain information relating to any breach of the warranty in clause 2.5.1 above or similar conduct AND to suspend or terminate without prior notice the Member's access to the Site or certain member or user privileges on the Site.

2.6. Legalities of carpooling.
2.6.1. CarpoolingDelhi may from time-to-time publish on the Site advice, hints and tips on carpooling and the law and how to be safe when carpooling. However Members accept and acknowledge that it is entirely the responsibility of Members in each case to ensure that the Driver has a valid driving licence and that the Driver owns or will be entitled to use the vehicle and that the vehicle will have a valid MOT certificate.
2.6.2. If arrangements are made for an international carpooling trip, then additionally Drivers must ensure that their insurance covers travel outside of the country of departure. The Driver must also ensure that their vehicle is compliant with all relevant rules and restrictions applicable in any overseas country.
2.6.3. In any event, and regardless of the circumstances, it is the responsibility of the Passenger in each case to request evidence of the Driver’s insurance, registration certificate (‘log book’), driving licence and MOT certificate, and so on, at any time the Passenger considers appropriate.
2.6.4. CarpoolingDelhi is simply a communications platform and gives no warranty or assurance in regard to the lawfulness of carpooling activities or the validity of insurances. It is the responsibility of the Driver to verify that their insurance provides adequate cover for Passenger, Driver, vehicle, and any other parties that may in any way be involved.
2.6.5. It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to carry passengers, and in particular passengers that are giving a Cost Contribution, and that their insurance policy covers all Passengers and any accident or incident which may occur during a carpooling trip.
2.6.6. The Driver and the Passenger warrant that they are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit.
2.6.7. The Driver therefore undertakes to calculate his or her expenses (fuel, tolls, maintenance, repairs, MOT, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Passengers does not result in any profit.
2.6.8. If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a carpooling trip for any other reason the Driver will be responsible for the financial consequences, losses and damages arising and CarpoolingDelhi will not be liable under any circumstances to the Driver or the Passenger.
2.6.9. CarpoolingDelhi reserves the right to suspend immediately the account of a Member or registered user and to make aware to competent authorities any professional activity.

2.7. Management of disputes between Members.
CarpoolingDelhi shall not provide its Members with an online service for resolving disputes. CarpoolingDelhi is under no obligation to seek to resolve disputes and will not do so. Any disputes must be resolved by Members between themselves with no involvement from, or liability for, CarpoolingDelhi.

3. Liability.

3.1. CarpoolingDelhi is not a party to any agreement between Members using the Site and will not be liable to any Members in any case. This includes but is not limited to CarpoolingDelhi not being liable for any loss or damage arising in any situation, such as from:
3.1.1. any inaccurate or incomplete information provided by any Member;
3.1.2. the cancellation of a carpooling trip by a Driver or Passenger;
3.1.3. any failure to make payment of a Cost Contribution (for the free service without booking);
3.1.4. any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Terms by a Driver or Passenger before, during or after a carpooling trip.

3.2. CarpoolingDelhi shall have no responsibility to any Member for any business, personal or financial loss of consequences which result from the use of the Site or as a result of any breach of the duties, stipulations, obligations and restrictions on Members and users as set out in these Terms and each user of this Site shall indemnify CarpoolingDelhi fully in respect of any financial consequences that shall be due to or consequential of or caused by a failure on the part of CarpoolingDelhi or any Member or user of the Site to observe and perform these Terms. This includes, but is not limited to, any losses or damages attributable to direct or indirect loss of reputation or lost bargain.

3.3. Nothing in the Terms limits or excludes CarpoolingDelhi’s liability for death or serious personal injury arising as a result of CarpoolingDelhi’s negligence.

3.4. Given that Drivers must hold a valid driving licence to cover any sort of car journey in any case; given that Drivers must reasonably be aware that their insurance has to be valid for a carpooling trip, to include all associated parties; and, given that CarpoolingDelhi’s service is clearly and explicitly limited to a communications platform that puts Drivers and Passengers in touch with each other and that expressly does not include the functionality to oversee any carpooling trips, Members accept that the limitations on CarpoolingDelhi’s liability set out above are reasonable. However, in the event for any reason CarpoolingDelhi is held financially liable to any Member then the parties agree that the liability of CarpoolingDelhi shall be limited to the sum of ONE HUNDRED POUNDS (£100.00) only.

4. General Terms.

4.1. Suspension or withdrawal of Site access.
You accept that CarpoolingDelhi may close, interrupt or suspend your User Account on the Site for any length of time, at any time, and without cause and without prior notification, or in the event of violation, on your part, of part or all of these Terms.

4.2. Intellectual property.
4.2.1. The format and content of this Site is protected by United Kingdom and international copyright. CarpoolingDelhi reserves all of its rights in relation to the use of any registered and/or unregistered trademarks and/or to our copyright, whether owned or licensed to CarpoolingDelhi.
4.2.2. The Site or any part of the Site, including trademarks, graphics, logos, and text may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose and/or distributed in any form whatsoever without the prior express written consent of CarpoolingDelhi. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of CarpoolingDelhi. This is including but not limited to the use of data gathering and extraction tools.

4.3. Content of the Site provided by the Members.
4.3.1. By displaying content on this site users expressly grant a licence to CarpoolingDelhi to display the content and to use it for any of our other business purposes.
4.3.2. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to CarpoolingDelhi’s policy and CarpoolingDelhi does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify CarpoolingDelhi in relation to any liability it may suffer as a result of any such content. However as soon as CarpoolingDelhi becomes aware of infringing content, CarpoolingDelhi shall do everything it can to remove such content from the Site as soon as possible.

4.4. Partner sites.
4.4.1. CarpoolingDelhi reserves the right to reproduce any information that appears on the Site or on partner sites.
4.4.2. In particular, adverts published on the Site may be reproduced on other sites maintained or co-maintained by CarpoolingDelhi or third parties.

5. Law and Jurisdiction.
These Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.