TERMS & CONDITIONS
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1 GENERAL CONDITION OF USE

1.1 Scope and Definitions

These General Conditions of Use apply to all services provided by Groupool (defined herein below). Members are hereby allowed to use the Services, subject to acceptance in full, of the Conditions mentioned herein below and any other conditions as specified by Groupool from time to time on the Application and / or on the Site.


1.1 Scope and Definitions

“Groupool” shall mean Yugstart Technologies Private Limited, a company incorporated under the Companies Act, 2013 with Corporate Identity Number U74900PN2015PTC156703 and having its registered office at Flat No. C-1203, Malpani Greens, Survey No. 206/1/2, Kaspate Wasti, Wakad, Pune – 411057, Maharashtra, India, who owns, operates and maintains the Site and Application, providing mobile platform for enabling ride sharing to happen between a Driver and a Rider
“Conditions” mean these Terms & Conditions and Privacy Policy of Groupool as notified on this the Site and / or the Application
“Car Sharing” means sharing of the Vehicle for commuting by the Driver and the Rider
“Price” means suggested ride sharing price the Rider agrees to pay to the Driver for that ride
“Rider” means the co-driver/co-traveller who has accepted to accompany the driver for ride sharing purpose
“Driver” or “Car Owner” means the member who through the use of app has offered to share a car journey with co-travellers in exchange for expense sharing
“Member” refers to a registered user of the site and has accepted the terms of conditions of use
“Site” means www.groupool.in or any of the website maintained or operated by Groupool including any sub-sites offered through this website
“Service” refers to any service offered to members by Groupool through its site or application
“Application” means a mobile applications which are owned, maintained and operated by Groupool
“Wallet Money” means a prepaid payment instrument authorized by the Department of Payment and Settlement Systems, Reserve Bank of India under the Payment and Settlement Systems Act, 2007
“Vehicle” means the vehicle offered by the Driver for ride sharing


1.2 Acceptance of Conditions

1.2.1 The Conditions apply to any and all use of the Site by a Member. By using the Site, the Members signify their acceptance to these Conditions in full and agree to be bound by them.
1.2.2 No access to the Services will be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member may not use the Services.
1.2.3 All Members agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.
1.2.4 In the event that any Member fails to comply with any of the Conditions, Groupool reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.
1.2.5 These Conditions are intended to create binding rights and obligations between Members and Groupool in accordance with the Indian Contract Act, 1872.

1.3 Variation of the Conditions, Site, Application and Service

1.3.1 Groupool reserves the right to change, modify or amend any or all the Conditions at any time without any prior notice. In addition, Groupool may vary or amend the Services provided through the Site or the Application, functionality of the Site and/ or the Application and/ or the “look and feel” of the Site and / or the Application at any time without notice and without any liability towards the Members.
1.3.2 Any modification to the Site, Application, Services or Conditions shall come into effect as soon as such changes are published on the Site and / or the Application.
1.3.3 Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site or the Application following publication of the varied Conditions. However, Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.


2 USE OF THE SERVICE

2.1 User Account and Accuracy of Information

2.1.1 In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by Groupool. In particular, Members will be required to provide their name, gender, valid telephone number and email address. Use of the Site is limited to those over the age of 18 years at the time of registration.
2.1.2 Members agree and accept that all of the information they provide to Groupool when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Groupool or posted on the Site in connection with any Ride, Vehicle or Car Sharing will be true, accurate and complete.
2.1.3 Members agree and understand that Groupool does not undertake any verification to confirm the accuracy of any information provided by the Members on the Site or to a Car Owner or Co-Traveler, as the case maybe. Groupool will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
2.1.4 Unless expressly agreed by Groupool, 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 Non-Commercial Activity and Status of Groupool

2.2.1 The Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers Riders to share the car in a private capacity. The Services may not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car owner and the Riders.
2.2.2 Car Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The Service and the Cost Contribution may only be used to discharge the Car Owner’s costs and may not be used to generate any hiring charges or reward or profit in any form for the Car Owner. The Car Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Car Owner, the frequency of such Trips or the number of Co-Travelers transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Car Owner and Co-Traveler through the Site.
2.2.3 The Car Owner must not provide any additional services to the Riders in exchange for hiring charges or any reward or for profit or otherwise (and the Riders may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Co-Traveler).
2.2.4 All Trips, collection points and destinations must be pre-agreed through the Site between the Driver and the Riders. Car Owners may not collect any Co-Travelers from any location which has not been pre-agreed with the Co-Traveler through the Site.
2.2.5 Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owner’s insurance and invite adverse legal actions by the road transport authorities. Groupool shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Car Owner and the Co-Traveler. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and Groupool shall have no liability towards Members for such violations.


2.3 Status of Groupool

2.3.1 Neither Groupool nor the Site provides any transport services. The Site is a communications platform for Members to transact with one another. Groupool does not interfere with Trips, destinations or timings. The agreement for car sharing is between the Car Owner and the Co-Traveler. Groupool is not a party to any agreement or transaction between Members, nor is Groupool liable in respect of any matter arising which relates to a booking between Members. Groupool is not and will not act as an agent for any Member.
2.3.2 Any breach of these Conditions will give rise to immediate suspension of such Member’s User Account and they may be restricted from accessing any further Services.


2.4 Insurance

2.4.1 In case a Driver is offering a car sharing in owned cars:
2.4.1.1 The Driver shall have a comprehensive insurance to cover third party liability.
2.4.1.2 The Driver agrees that it shall, on request by the Rider, provide enough documentary evidence, in advance of the Trip, of the complete validity of its insurance policy.
2.4.1.3 The Driver also undertakes to hold a valid driving license, if he is offering car sharing in a self-driven car.
2.4.2 It is hereby presumed by Groupool that governmental authorities take the view that a Co-traveler who contributes only towards travel expenses is treated as travelling without hire or reward to the Driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However Groupool gives no warranty or assurance in this regard.
2.4.3 The Driver and Riders 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 while offering car sharing in the car owned by the Driver.
2.4.4 If the insurers repudiate or refuse to accept any claim arising during a Trip for any reason whatsoever, the Driver shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances Groupool shall be liable to the Driver or the Rider.


2.5 Management of Disputes Between Members

2.5.1 Groupool may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. Groupool is under no obligation to seek to resolve disputes and this service is offered at Groupool’s sole discretion and may be withdrawn at any time.


3 PAYMENTS

3.1 The payment for the Cost Contribution shall be made by the Rider using payment methods offered on the Application and / or Site.
3.2 Groupool will also offer its Members, the facility of making an online payment through Wallet Money, provided by a third party payment processor (“Payment Processor”). The processing of payments or credits, as applicable, in connection with the use of Wallet Money will be subject to the terms, conditions, and privacy policies of the Payment Processor that Groupool engages for this purpose. Groupool shall not be responsible for any errors by the Payment Processor. In connection with the use of the Services, Groupool will obtain certain transaction details, which it will use solely in accordance with its Privacy Policy.
3.3 Groupool does not fix rates for the rides but suggests fare based on the ride distance. The Driver is free to edit the suggested fare capped by a maximum limit rate per kilometer when the ride is posted.
3.4 Groupool would collect payment for the Cost Contribution, from the Rider, on behalf of the Driver. Rider is required to make such payment, through Wallet Money or any other payment means provided on the Application or Site, to Groupool immediately after completion of the Ride Sharing. Any failure by Rider to make such payment would automatically disallow him to avail himself of Services provided by Groupool in the future.
3.5 Groupool may charge Convenience Fees which shall be some portion of Cost Contribution. Such Convenience Fees shall be disclosed on its Site and/or Application. Currently it is 12% of the transaction charges. The convenience fees includes government taxes and payment gateway charges.
3.6 Groupool would collect the amount equivalent to Cost Contribution on behalf of Driver. The Convenience Fees is compensation of Groupool in lieu of services provided by it.
3.7 Driver, at the end of Ride Sharing, shall be reimbursed by Groupool, with an amount equivalent to “Cost Contribution, less Convenience Fees” through Wallet Money or any other recognised and pre-disclosed payment means.
3.8 Groupool would not be responsible for any tax incidence occurring on Driver on account of receipt of payment in lieu of car sharing. It is our understanding that the Driver may not have to pay service tax on the payment received from the Rider, if the total amount received from car sharing under individual capacity is less than Rs. 10 lakhs per annum. However, the Driver is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of direct or indirect taxation on account of Ride Sharing.
3.9 Groupool’s compensation for providing its services is only to the extent of Convenience Fees and it would account for any direct and indirect taxes only to the extent of such Convenience Fees.
3.10 Groupool, from time to time, may give certain free Groupool Rewards to its Members as part of its promotional offers. Such Groupool Rewards can be used by the Riders to make payment for Cost Contribution. The Driver would however be reimbursed by Groupool through Wallet Money. As part of promotional offers, Groupool may also reimburse Driver, of Wallet Money, in lieu of the Groupool Rewards in his account.
3.11 Members acknowledge that the basic principle behind Service is that the Members should not make profit by Ride Sharing. The Cost Contribution would be sufficient only to the extent to discharge the Driver’s liability towards the costs for the trip, which would include – fuel, pro-rata maintenance expenses, pro-rata depreciation, pro-rata registration and insurance expenses, toll charges, parking charges and Driver expenses or self-driving notional labour expenses (as applicable)
3.12 Members are required to bring it to the notice of Groupool if they believe that such formula inflates the actual costs borne by them for the Trip and could lead them to make profit.
3.13 Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. Groupool would not be responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk of Groupool. If there are any issues in connection with payments, a complaint may be sent to Groupool. Members agree that in such an event of their credit being delayed or eventually declined for reasons beyond the control of Groupool, it will not be held liable in any manner whatsoever.
3.14 Certain additional charges may be levied upon Members by Groupool, or by payment gateways, banks or other intermediaries, at the time of payment. Members agree to pay any such additional charges, which may vary between various banks, payment processors or other intermediaries.


4 DISCLAIMER OF LIABILITY

4.1 Members shall access the Services on the Site and / or the Application at their own risk and using their best and prudent judgment and enter into car sharing agreement with other Member registered on the Site and / or the Application. Groupool will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. Groupool hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site and / or Application.
4.2 Groupool expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Trip and Cost Contribution) on the Site or the Application. While Groupool will take precautions to avoid inaccuracies in content of the Site and the Applications, all content and information, are provided on an as is where is basis, without warranty of any kind. Groupool does not implicitly or explicitly support or endorse any of the Members availing Services from the Site and / or the Applications.
4.3 Groupool is not a party to any agreement between a Driver and Rider and will not be liable to either the Driver or the Rider.
4.4 Groupool shall not be liable for any loss or damage arising as a result of
4.4.1 False, misleading, inaccurate or incomplete information being provided by a Member
4.4.2 Cancellation of a trip by a Driver or Rider
4.4.3 Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Rider before, during or after a Trip.
4.5 Groupool will not be liable to any Member for any personal, business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the Services provided by Groupool (whether suffered or incurred as a result of the Groupool’s negligence or otherwise).
4.6 Groupool’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).


5 INDEMNITY AND RELEASE

5.1 Members will indemnify and hold harmless Groupool, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
5.2 Members release Groupool and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise


6 GENERAL TERMS

6.1 Relationship

No arrangement between the Members and Groupool shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and Groupool.


6.2 Suspension or Withdrawal of Access to Site and Application

In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that Groupool can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site and / or the Application (including in particular your User Account).


6.3 Intellectual Property

6.3.1 The format and content included on the Site and the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Groupool, its affiliates or its content suppliers and are protected under applicable copyright, trademark and other proprietary rights laws.
6.3.2 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Groupool) which appear on the Site and the Application.
6.3.3 The Site and Application or any portion of the Site and the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Groupool. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site and Application without the express written consent of Groupool. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site and/or of Application is strictly prohibited.


6.4 Content of the Site and Application Provided by the Members

6.4.1 By displaying content on this Site and Application, Members expressly grant a license to Groupool to display the content and to use it for any of our other business purposes.
6.4.2 Members of this Site and Application shall not upload, distribute or publish through the Site and / or Application, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to Groupool or that aids in providing the services offered by Groupool.
6.4.3 Members of this Site and Application shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, Members shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
6.4.4 Members of this Site and Application are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to Groupool’s policy and Groupool does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify Groupool in relation to any liability it may suffer as a result of any such content. However as soon as Groupool becomes aware of infringing content, Groupool shall do everything it can to remove such content from the Site and / or Application as soon as possible.


7 MEMBER DISCIPLINE

By using the Site and / or the Application, Members agree to comply with the “Member Discipline” set out below. This is binding on all the Members and Members may enforce terms of this against each other directly during the Trip.


7.1 Safety

7.1.1 Every Driver, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Driver’s ability to drive safely and with due care and attention. Further, the Rider agrees not to hinder the Driver’s driving in any way.
7.1.2 Member should report any abuse or harassment to Groupool immediately by contacting us on details given on “Contact Us” page.


7.2 Transparency

7.2.1 All Members agree to provide any other Member with such information and documents as the other Member may reasonably request in the event that Members are participating in a car sharing. The identities of the Rider and the Driver must correspond to those communicated through or to Groupool’s Site and / or Application.
7.2.2 A Rider or Driver may refuse to participate in car sharing if the identity of the other Member does not correspond to that provided through or to Groupool’s Site and/or Application.


7.3 Punctuality

All Members agree to comply with and adhere to the times and places fixed for pickup points. The Driver and Rider must present themselves at the place and time agreed for the pickup.


7.4 Rules and Legislation

7.4.1 The Driver, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people on-board the Vehicle, loading restrictions etc.
7.4.2 All Members agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.


7.5 Cleanliness

Every Member undertakes that they will be clean and tidy at departure and during the Trip so as not to offend or inconvenience other Member.


7.6 Comfort and Conditions

Members must agree with each other the following conditions prior to the Trip and these conditions will form part of the agreement between Members


7.7 Information published on the Site and Application

No user of the Site and / or Application shall publish on the Site and / or Application any defamatory or offensive information or information that may be damaging to third parties. Groupool shall remove any information that is contrary to this policy as soon as it becomes aware thereof (but Groupool does not actively monitor the site and / or Application for such information). Drivers and Riders accept in advance that ratings about them may be published on the Site and / or the Application.


8 LAW AND JURISDICTION

These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Pune.


9 CANCELLATIONS

9.1 Members can cancel their offered rides before the ride time. There is no penalty or charges for cancellation of rides.
9.2 Once cancelled the Ride will not be seen to any Member.
9.3 If any Rider has contacted the Driver for the Ride before the Ride is cancelled, a notification will go to the Rider that the ride is now cancelled
9.4 No payments will be exchanged for rides cancelled


10 REFUNDS

10.1 Both Riders and Drivers will be asked to confirm if the Ride actually happened and only when both confirm that the ride has happened, then the payment is processed.
10.2 For any dispute where the Rider says NO and Driver says YES a dispute channel is raised for the rider and driver to connect for clarification.
10.3 No payment is transferred until clarification and conclusion between the Rider and the Driver.
10.4 There will be no Refunds through the Application as no unauthorized payments will be processed ever