Terms and Condition


PRIVACY AND DATA PROTECTION POLICY

1. General

1.1. Trescara Software Private Limited ("we" or "us") take the privacy of your information very seriously. Our Privacy Policy is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via the www.poolnride.com website and other associated partner websites, microsites and sub-sites (the "Site").

1.2. By using this Site or any services we offer, you are consenting to the collection, use, and disclosure of that information about you in accordance with, and are agreeing to be bound by, this Privacy Policy.

1.3. Trescara Software Private Limited is registered under the Data Protection Act 1998 (the "Act"). The Act sets out a number of important principles that organizations must apply when processing personal data.

2. Ways that we collect information

2.1. We may collect and process the following personal information or data (information that can be uniquely identified with you) about you:

2.1.1. Certain information required to register with the Site or to access other services provided by us, including your name, address(including postcodes), date of birth and if you are a Car Owner certain information about your Vehicle etc.;

2.1.2. Your e-mail address and a password;

2.1.3. A mobile phone number;

2.1.4. A record of any correspondence between you and us;

2.1.5. A record of any bookings you have made or advertisements you have placed with or through the Site;

2.1.6. Your replies to any surveys or questionnaires that we may use for research purposes;

2.1.7. Details of accounting or financial transactions including transactions carried out through the Site or otherwise. This may include information such as your credit card, debit card or bank account details, details of Trips(as described in our Conditions) you have booked or offered through the Site;

2.1.8. Details of your visits to the Site and the resources that you access;

2.1.9. Information we may require from you when you report a problem with the Site.

2.1.10. Information about you which we may receive from other sources.

2.2. We only collect such information when you choose to supply it to us. You do not have to supply any personal information to us but you may not be able to take advantage of all the services we offer without doing so.

2.3. Information is also gathered without you actively providing it, through the use of various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.

2.4. An IP address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. It is generally considered to be non-personally identifiable information, because in most cases an IP address can only be traced back to your ISP or the large company or organization that provides your internet access (such as your employer if you are at work).

2.5. We use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our site, and to administer and improve the site.

3. Use

3.1. We may use this information to:

3.1.1. Ensure that the content of the Site is presented in the most effective manner for you and for your computer and customize the Site to your preferences;

3.1.2. assist in making general improvements to the Site;

3.1.3. carry out and administer any obligations arising from any agreements entered into between you and us;

3.1.4. allow you to participate in features of the Site and other services;

3.1.5. Contact you and notify you about changes to the Site or the services we offer (except where you have asked us not to do this);

3.1.6. collect payments from you;

3.1.7. Analyze how users are making use of the Site and for internal marketing and research purposes.

3.2. We will not resell your information to any third party nor use it for any third party marketing.

4. Sharing your information

4.1. If we charge you any fees or collect any money from you in relation to any services on the Site, including any sponsorship money, credit or debit card payments will be collected by our payment processor.

4.2. In order for payments to be processed you may need to provide some necessary details to our payment processor. We will tell you about this at the point we collect that information.

4.3. We do not disclose any information you provide via the Site any third parties except:

4.3.1. As part of our booking process and in order to provide our services information may be passed to a Co-Traveler (if you are a Car Owner) or to a Car Owner (if you are a Co-Traveler).

4.3.2. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime or upon requisition made by government agencies);

4.3.3. in order to enforce any terms of use that apply to any of the Site, or to enforce any other terms and conditions or agreements for our Services that may apply;

4.3.4. we may share information with our international partner websites where you have made a booking through the Site with a user of our partner websites or where you have used the Site to interact with a third party;

4.3.5. we may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganization, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;

4.3.6. to protect the rights, property, or safety of Trescara Software Private Limited, the Site's users, or any other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

4.4. Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so.

5. Cookies

5.1. A cookie is a piece of data stored locally on your computer and contains information about your activities on the Internet. The information in a cookie does not contain any personally identifiable information you submit to our site.

5.2. On the Site, we use cookies to track users' progress through the Site, allowing us to make improvements based on usage data. We also use cookies if you log in to one of our online services to enable you to remain logged in to that service. A cookie helps you get the best out of the Site and helps us to provide you with a more customized service.

5.3. Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To change your browser settings you should go to your advanced preferences.

5.4. We have a clear cookies notice on the home page of the website. If you continue to use the Site having seen the notice then we assume you are happy for us to use the cookies described above.

5.5. If you choose not to accept the cookies, this will not affect your access to the majority of information available on the Site. However, you will not be able to make full use of our online services.

6. Access to and correction of personal information

6.1. We will take all reasonable steps in accordance with our legal obligations to update or correct personally identifiable information in our possession that you submit via this Site.

6.2. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. If you wish to see details of any personal information that we hold about you please contact us by way of our contact page.

6.3. We take all appropriate steps to protect your personally identifiable information as you transmit your information from your computer to our Site and to protect such information for loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use leading technologies and encryption software to safeguard your data, and operate strict security standards to prevent any unauthorized access to it.

6.4. Where you use passwords, usernames, or other special access features on this site, you also have a responsibility to take reasonable steps to safeguard them.

7. Other websites

7.1. This Site contains links and references to other websites. Please be aware that this Privacy Policy does not apply to those websites.

7.2. We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via the Site. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.

7.3. In addition, if you came to this Site via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.

8. Notification of changes to our Privacy Policy

We will post details of any changes to our Privacy Policy on the Site to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.

9. Contact us

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your personal information, you can do so by way of our contact page.

Trust, Safety & Insurance

There are three important ways in which we create the environment for a secure ridesharing community. First, member identities are authentic. Second, the community self-moderates, using profiles and ratings to evaluate members and vet those that do not respect the Poolnride spirit of positive community collaboration. Third, Poolnride has a dedicated Member Relations team, available every day to support users, so you always get the best experience out of Poolnride.

Authenticity

The Poolnride transport network is driven by people, real people! That's why members use their real identities, and pseudonyms are not accepted, ensuring that people behave responsibly, under their real name (and real photo!): phone numbers and emails are both verified and we offer Facebook & Google Connect so members can link their Poolnride profile to their existing social network.

Trust

Trust is at the center of all communities, and Poolnride is no exception. On Poolnride, every time two members meet in real life they publicly rate each other, allowing the members to build up a trusted community reputation. This means that before you travel with another member you can read their ratings and benefit from the experience of other members. If a member has been declared trustworthy by several people in the past, you can trust them too.

Choice

On Poolnride, you get to choose your travelling companions. Co-travelers contact car owners of their choice, and in turn, car owners can quickly accept or decline requests. To help members decide, in addition to ratings, Poolnride provides valuable information about each member’s recent activity and experience level. This means you will always be confident and comfortable planning a ride share.

Professional Moderation

Poolnride has team that moderates all published content to ensure that member interaction is always respectful and responsible. All photos, comments and profiles are scrutinized to guarantee the trustworthiness of our community, and provide you with a reliable, high quality service.

Insurance

Co-travelers’ contributions to car owners do not generate profit, they only offset costs, therefore ridesharing is not ever hire and reward. Rides must only be given in a vehicle seating four passengers or less. Poolnride scrupulously fulfills these conditions, as we limit number of seats and cap price per co-travelers

Confidentiality

Poolnride needs your phone number to verify your identity and to send you notifications when you plan a ride share. But this doesn't mean anyone will be calling you on it! Whether you prefer to receive emails or just don't have time to take calls, enabling the Hidden Number Option means your number will NOT be shown to members on your profile. And thanks to our internal messaging service, you can talk to any member without ever disclosing your email address either. When a member writes to you, you'll get a nice email from us, letting you know that you have a message available in your member space. It's simple and all your details remain strictly confidential.

Member Relations Team

The Member Relations Team is available every day of the week to help our members get the best out of Poolnride: a dedicated and friendly team that provides answers within 24 hours and can find a solution to everything!

Like nearly all websites, we use cookies in order to provide you with a more personalized web service. We are unable to operate all of the functionality of the site without using cookies.A cookie is a text-only string of information that we pass to your computer's hard disk through your web browser so that the site can remember who you are. Cookies, by themself, cannot be used to identify you. A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. For more information about cookies, please see www.allaboutcookies.org. More specifically we use the following cookies which carry out the functions described:

Cookies Use

hl Current locale

fbm_* Facebook base domain

PHPSESSID PHP session ID

marketing_hash Marketing hash for marketing codes

marketing_codes List of marketing codes linked to the session

WRUID ClickTale - usability and web analytic

__utma Google Analytics cookie to track the number of times you have visited the site.

>__utmb Google Analytics cookie to calculate how long you have spent on the website in each session

__utmc Google Analytics cookie to calculate how long you have spent on the website in each session

__utmz Google Analytics cookie to track what search engine you have visited the site from and which search terms you used to find the site

fbsr_* Facebook session for Facebook connect

Under new legislation, we are required to obtain your consent to use cookies. As you have seen, we have a clear cookies notice on each page of the site. If you continue to use the site having seen the notice then we assume you are happy for us to use the cookies described above. The cookies we use are designed to help you get the most from our website but if you do not wish to receive cookies you can easily modify your web browser to refuse cookies, or to notify you when you receive a new cookie. To change your web browser settings you will need to go to your advanced preferences. However, you may not be able to use all the interactive features of our site if cookies are disabled, and so in order to enjoy the site to the full, we recommend that you leave them switched on. For further instructions on how to stop cookies being installed on your browser, please see: www.allaboutcookies.org/manage-cookies.

RIDESHARE'S AGREEMENT

Give genuine information

I will create a profile with my real name and photo, and only offer rides on trips I actually intend to make.

Be reliable

I will show up for my rideshare on time, stick to the details agreed, and leave the car clean and tidy.

Think road safety

I will follow the rules of the road and take care of myself and others.

Be considerate and welcoming

I will consider the preferences of the Ride Group, and follow the spirit of ridesharing by being tolerant, respectful and friendly.

Give fair ratings

I will leave honest, accurate and polite ratings about other ridesharers.

Enjoy!

I will make the most of my ridesharing experience and help others enjoy it too!

1. GENERAL CONDITION OF USE
1.1 Scope and Definitions

These General Conditions of Use apply to all services provided by Poolnride (defined herein below). Poolnride owns and operates the Site (defined herein below) in India.

Defined Terms

"Poolnride" means Trescara Software Private Limited, a company registered in India under company registration act and laws in India.

"Car Sharing" means the sharing of a Vehicle for a Trip by a Car Owner carrying a Co-Traveller for that Trip in exchange for a Cost Contribution;

"Conditions" mean these General Conditions of Use, including the Good Conduct Charter and Privacy Policy of Poolnride as notified on the Site.

"Cost Contribution" means the amount agreed between the Car Owner and the Co-Traveler in relation to the Trip which is payable by the Co-Traveler as their contribution towards the costs of the Trip.

"Co-Traveller" or "Passenger" means a Member who has accepted an offer to be transported by a Car Owner and includes all other persons who accompany such Member in the Vehicle for the Trip.

"Car Owner" or "Driver" means a Member who through the Site offers to share a car journey with a Co-Traveller in exchange for the Cost Contribution.

"Member" refers to a registered user of the Site.

"Service" refers to any service provided by Poolnride through the Site to any Member.

"Site" means www.Poolnride.com and any other website maintained or operated by Poolnride which offers similar services including any microsites or sub-sites offered through any such website (e.g. "Agenda" and "Campus").

"Trip" means a given journey in relation to which a Car Owner and a Co-Traveler have agreed upon a transaction through the Site.

"User Account" means an account with the Site opened by a Member and used in order to access the Service provided by Poolnride through the Site.

"Vehicle" means the vehicle offered by a Car Owner for Car Sharing.

1.2 Acceptance of Conditions

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.

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. All Members agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy. In the event that any Member fails to comply with any of the Conditions, Trescara Software Private Limited 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. These Conditions are intended to create binding rights and obligations between Members and Poolnride in accordance with the Indian Contract Act, 1872.

1.3 Variation of the Conditions, Site and Service

Poolnride reserves the right to modify the Conditions at any time. In addition, Poolnride may vary or amend the Services provided through the Site, the Site functionality and/ or the "look and feel" of the Site at any time without notice and without liability to Members. Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site, subject to communication of any material change to the Conditions to the Members in an e-mail.

Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. 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

In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by Poolnride. In particular, Members will be required to provide their first name, last name, age, title, 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.

Members agree and accept that all of the information they provide to Poolnride 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 Poolnride or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete.

Members agree and understand that Poolnride 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. Poolnride will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed by Poolnride, 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 Poolnride

The Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers to car share 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 Co-Traveler. 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.

The Car Owner must not provide any additional services to the Co-Traveler in exchange for hiring charges or any reward or for profit or otherwise (and the Co-Traveler 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).

All Trips, collection points and destinations must be pre-agreed through the Site between the Car Owner and Co-Traveler. Car Owners may not collect any Co-Travelers from any location which has not been pre-agreed with the Co-Traveler through the Site.

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. Poolnride 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 Poolnride shall have no liability towards Members for such violations.

Status of Poolnride

Neither Poolnride nor the Site provides any transport services. The Site is a communications platform for Members to transact with one another. Poolnride does not interfere with Trips, destinations or timings. The agreement for car sharing is between the Car Owner and the Co-Traveler. Poolnride is not a party to any agreement or transaction between Members, nor is Poolnride liable in respect of any matter arising which relates to a booking between Members. Poolnride is not and will not act as an agent for any Member.

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.

2.3 Types of Booking and Payment The Co-Traveler may contact the Ride Offeror directly for discussing any conditions of travel (including size of luggage allowed to carry, cancellation of Trip before or during the Trip etc.). After finalizing conditions of travel, the Co-Traveller will pay his share of Cost at the time of booking of ride to the Company and Company will reimburse the complete amount to the Ride Offeror within 3-4 working days from the date of confirmation of completion of trip from the Co-Travellers. The payout to the offeror will only happen in the form of bank transfer/NEFT by Trescara Software Private Limited.If a Co-Traveler does not take the ride because of his personal reasons and not due to any deficiency on the part of the Ride Offeror, then Co-Traveler will be entitled to a full refund and this may be later modified or changed by the Company at its own discretion, without prior notice to User.

Parking, toll, interstate taxes, passenger taxes or any other applicable taxes and costs will be all inclusive in the Cost which will be shared between the Ride Offeror and the Co-Traveler.

In particular it is the Car Owner's responsibility to collect payment from the Co-Traveler at the time of the Trip.

Poolnride will not contact either party and will take no steps whatsoever to manage the booking. The operation of the Trip is solely managed by the respective Car Owner and Co-Traveler(s).

Please note that Poolnride reserves the right to change any aspect of the Site or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. Poolnride does not guarantee that the Site will be functional at all times and Services may be suspended during such period when the Site is not in operation. Poolnride will not be liable to any of the Members in case where the Site is non-operational.

2.4 Car Owner and Co-Traveler Obligations

Car Owner's obligations

The Car Owner agrees:

That the Trip shall not be for any fraudulent, unlawful or criminal activity.

That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants in the Vehicle and covers third party liability.

That they will present themselves on time and at the place agreed with the specified Vehicle;

That they will immediately inform all Co-Travelers of any change whatsoever to the Trip. If one or more Co-Travelers have made a booking and the Car Owner decides to change any aspect of the Trip, the Car Owner undertakes to contact all Co-Travelers who have made a booking in relation to that Trip and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the change, they are entitled to a full refund and without any compensation being paid to the Car Owner.

The Car Owner must comply with the Good Conduct Charter at all times.

The Car Owner must wait for the Co-Traveler at the pickup point for at least 15 minutes after the agreed time (however, the Co-Traveler is expected to be punctual).

Co-Traveler obligations

The Co-Traveler agrees:

That the Trip shall not be for any fraudulent, unlawful or criminal activity.

That they will present themselves on time and at the place agreed with the Car Owner;

That they will immediately inform the Car Owner or Poolnride if they are required to cancel a Trip.

That they will comply with the Good Conduct Charter at all times.

The Co-Traveler agrees to wait at the pickup point for at least 15 minutes after the agreed time for the Car Owner to arrive.

That they will pay the Cost Contribution to the Car Owner.

If the Co-Traveler or Car Owner fail to comply with any of these terms or any other Conditions Poolnride reserves the right to keep information relating to the breach, to publish or disclose this information on the Member's online profile and to suspend or withdraw the Member's access to the Site.

That they shall ensure that all other persons who accompany the Co-Traveller in the Trip comply with these Conditions as applicable to a Co-Traveller.

2.5 Insurance

The Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Site. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes to hold a valid driving licence and that the Car Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is entitled to request evidence of the Car Owner's insurance, registration certificate ('log book'), driving licence and PUC certificate at any time up to completion of the Trip.

It is Poolnride's understanding 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 Poolnride gives no warranty or assurance in this regard and it is the Car Owner's responsibility to verify that their insurance provides adequate cover.

It is up to each Car Owner and Co-Traveler to confirm with each other that the Car Owner is covered by valid insurance. The Car Owner must confirm that their insurance policy allows them to carry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or incident which may occur during a Trip.

The Car Owner and the Co-Traveler are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Car Owner had made or was seeking to make a profit.

The Car Owner may collect no payment from the Co-Traveler other than the Cost Contribution and the Car Owner must not in any event provide Vehicle on hire or for reward in any form.

The Car Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Co-Travelers does not result in the Vehicle running for hire or for reward. If the Car Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Car Owner will be responsible for the financial consequences, losses and damages arising and Poolnride will not be liable under any circumstances to the Car Owner or the Co-Traveler.

Poolnride reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.

2.6 Management of Disputes Between Members

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

2.7 Verification of Phone Number

In order to increase trustworthiness, prevent typos and wrong numbers, any Member can verify their mobile number. The Member may do this by providing Poolnride with their mobile phone number, after which the Member will receive a SMS with a 4-digit code (One time Password) which can be validated on the Site.

This service is free of charge, except for the possible cost levied by a Member's mobile phone operator for receiving the SMS.

3. DISCLAIMER OF LIABILITY

3.1 Members may access the Services on the Site at their own risk and using their best and prudent judgment before entering into any arrangements with other Members through the Site. Poolnride will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. Poolnride hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site.

3.2 Poolnride 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. While Poolnride will take precautions to avoid inaccuracies in content of the Site, all content and information, are provided on an as is where is basis, without warranty of any kind. Poolnride does not implicitly or explicitly support or endorse any of the Members availing Services from the Site.

3.3 Poolnride is not a party to any agreement between a Car Owner and Co-Traveler and will not be liable to either the Car Owner or the Co-Traveler unless the loss or damage incurred arises due to Poolnride's negligence.

3.4 Poolnride shall not be liable for any loss or damage arising as a result of:

A false, misleading, inaccurate or incomplete information being provided by a Member;

The cancellation of a Trip by a Car Owner or Co-Traveler;

Any failure to make payment of a Cost Contribution (for the free service without booking);

Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-Traveler before, during or after a Trip.

Poolnride will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by Poolnride (whether suffered or incurred as a result of the Poolnride's negligence or otherwise) except in the case of fraud, wilful concealment or theft. Poolnride'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). Poolnride will not be liable to any Member in relation to any Trip unless Poolnride is notified of a claim relating to that Trip within 3 months of completion of the Trip

Given that Car Owners are required to hold valid insurance to cover a Trip and given that Poolnride's service is limited to putting Car Owners and Co-Travelers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the Poolnride's liability set out above are reasonable.

4. INDEMNITY AND RELEASE

4.1 Members will indemnify and hold harmless Poolnride, 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.

4.2 Members release Poolnride 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.

5. GENERAL TERMS 5.1 Relationship

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

5.2 Suspension or Withdrawal of Site Access

In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that Poolnride 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 (including in particular your User Account).

5.3 Intellectual Property

The format and content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Poolnride, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Poolnride) which appear on the Site.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Poolnride. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of Poolnride. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.

5.4 Content of the Site Provided by the Members

By displaying content on this Site, Members expressly grant a license to Poolnride to display the content and to use it for any of our other business purposes.

Members of this Site 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 Poolnride's policy and Poolnride 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 Poolnride in relation to any liability it may suffer as a result of any such content. However as soon as Poolnride becomes aware of infringing content, Poolnride shall do everything it can to remove such content from the Site as soon as possible.

5.5 Partner Sites

Poolnride reserves the right to reproduce any information that appears on the Site or on the partner sites. In particular, ads published on one of the sites maintained or co-maintained by Poolnride may be reproduced on other sites maintained or co-maintained by Poolnride or third parties.

6. 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 Bangalore.

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