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The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of carpooling. These Adverts can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that TaxiUber7 is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
TaxiUber7 has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.
You recognise and accept that TaxiUber7 does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of carpooling intermediary, TaxiUber7 does not provide any transport service and does not act in the capacity of carrier; the role of TaxiUber7 is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, TaxiUber7 cannot be held liable for the effective occurrence of a Trip, and notably owing to:
1. erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Trip and its terms;
2. cancellation or modification of a Trip by a Member;
3. non-payment of the Cost Contribution by a Passenger in the context of a Trip without Booking;
4. the behaviour of its Members during, before or after the Trip.
Verification
Taxiuber7 may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Taxiuber7 cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
Posting Adverts
As Member, and providing you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Advert, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Trip constitute “Legs”.
You are only authorised to post an Advert if you fulfil all the following conditions:
(i) you hold a valid driving licence;
(ii) you only offer Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling;
(iii) you are and remain the main driver of the vehicle subject of the Advert;
(iv) the vehicle has valid third party insurance;
(v) you have no contraindication or medical incapacity for driving;
(vi) the vehicle you intend to use for the Trip is a touring car with 4 wheels and a maximum of 7 seats;
(vii) you do not intend posting another advert for the same Trip on the Platform;
(viii) you do not offer more Seats than the number available in your vehicle;
(ix) all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
(x) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate.
You recognise that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.
Providing your Advert complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of Taxiuber7’s partners. Taxiuber7 reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognise and accept that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of Taxiuber7.
4. Named nature of the Seat booking and terms of use of the Services on behalf of a third party
Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to Taxiuber7 and the other Members participating in the Trip.
However, Taxiuber7 allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver (in the context of a Trip without Booking), the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone. In the case where you are reserving a seat for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
In addition, the Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
Furthermore, it is prohibited to publish an Advert for a Driver other than you.
Cost Contribution
The Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Trip. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.
When you post an Advert, Taxiuber7 will suggest an amount of for the Cost Contribution, which notably takes account of the nature of the Trip and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Trip. To avoid abuse, Taxiuber7 limits the possibility of adjustment of the Cost Contribution.
Non-commercial and non-business purpose of the Services and the Platform
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
Taxiuber7 reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to Taxiuber7, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
Taxiuber7 also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Taxiuber7 that you are generating a profit on the Platform.
Behaviour of users of the Platform and Members
8.1. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
(i) not to use the Platform for professional, commercial or profit-making purposes;
(ii) not to send Taxiuber7 (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
(iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Taxiuber7 or a third party or contrary to good morals;
(iv) not to infringe the rights and image of Taxiuber7 , notably its intellectual property rights;
(v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
(vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
(vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the carpooling;
(viii) not to accept or make payment outside of the Platform, save in the cases authorised by these T&Cs in the case of Trips without Booking;
(ix) to comply with these T&Cs and the Privacy Policy.
8.2. Undertakings of the Drivers
Furthermore, when you use the Platform as Driver, you undertake:
(i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Trip and to be in possession of a valid driving licence;
(ii) to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Trip, even if cross-border;
(iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
(iv) to post Adverts corresponding only to Trips actually planned;
(v) to make the Trip as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
(vi) not to take more Passengers than the number of Seats indicated in the Advert;
(vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
(viii) to communicate to Taxiuber7 or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
(ix) in the case of holdup or change to the time or the Trip, to inform your Passengers without delay;
(x) in the case of a cross-border Trip, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
(xi) to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
(xii) not to post an Advert relative to a vehicle you do not own or that you are not authorised to use for the purposes of carpooling;
(xiii) to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
(xiv) not to generate any profit via the Platform;
(xv) not to have any contraindication or medical incapacity for driving;
(xvi) to behave appropriately and responsibly during the Trip, and in compliance with the spirit of carpooling;
(xvii) not to decline any Booking based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
8.3. Undertakings of the Passengers
When you use the Platform as Passenger, you undertake:
(i) to adopt appropriate behaviour during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
(ii) to respect the Driver’s vehicle and its cleanliness;
(iii) in the case of holdup, to inform the Driver without delay;
(iv) in the case of Trips without Booking, to pay the Driver the agreed Cost Contribution;
(v) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
(vi) to communicate to Taxiuber7 , or any Driver who so asks, your identity card or any document evidencing your identity;
(vii) not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
(viii) in the case of a cross-border Trip, to hold and keep available to the Driver and any authority that may so request any document evidencing your identity and your right to cross the border;
(ix) to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these T&Cs. Taxiuber7 reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
You can terminate your contractual relations with Taxiuber7 at any time, without cost and without reason. To do this, simply go to the “Close my account” tab of your Profile page.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Taxiuber7 has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Taxiuber7 reserves the right to:
(i) terminate the T&Cs binding you with Taxiuber7 immediately and without notice; and/or
(ii) prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
(iii) limit your access and your use of the Platform; and/or
(iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Taxiuber7 . Taxiuber7 will decide, at its sole discretion, whether or not to lift the measures put in place.
Personal data
In the context of your use of the Platform, Taxiuber7 will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by Taxiuber7 in compliance with the applicable law and the stipulations of the Privacy Policy.
Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Taxiuber7 a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Taxiuber7 to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Taxiuber7 , for the whole world and throughout the duration of your contractual relations with Taxiuber7 , to reproduce, represent, adapt and translate your Member Content as follows:
(i) you authorise Taxiuber7 to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
(ii) you authorise Taxiuber7 to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
Role of Taxiuber7
The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of carpooling. These Adverts can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that Taxiuber7 is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
Taxiuber7 has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.
You recognise and accept that Taxiuber7 does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of carpooling intermediary, Taxiuber7 does not provide any transport service and does not act in the capacity of carrier; the role of Taxiuber7 is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, Taxiuber7 cannot be held liable for the effective occurrence of a Trip, and notably owing to:
(i) erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Trip and its terms;
(ii) cancellation or modification of a Trip by a Member;
(iii) non-payment of the Cost Contribution by a Passenger in the context of a Trip without Booking;
(iv) the behaviour of its Members during, before or after the Trip.
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