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Terms & Conditions - Carpool Club

Carpool Club Terms & Conditions

All people participating in Carpool Club agree, as a condition of using the App, with the following terms and conditions:

General

  1. Carpool Club acts as a facilitator bringing together Drivers and Passengers who wish to carpool for their mutual advantage.
  2. Participants must complete a registration for either Driver or Passenger (or both) and provide accurate, truthful and complete information.
  3. All participants must be over 18 years of age.
  4. All participants accept that Carpool Club cannot verify the accuracy of participant’s registration data and participants bear full responsibility for their safety and must make their own assessments as to whether a trip is taken. There will be no disadvantage to any participants if they decline a trip due to safety concerns.
  5. Carpool Club does not undertake checks on users and therefore it does not make any representation or warranty concerning their character or conduct.
  6. The rating system provided by the Apps are based on reviews made by other participants in the program and are not influenced by Carpool Club.
  7. The content of this website and associated mobile Apps are provided for information purposes only. No claim is made as to its accuracy, authenticity, appropriateness or suitability for a user’s particular needs or circumstances or for any particular use. Carpool Club accept no liability for any loss or damage caused by any error or omission contained in the information or using the Apps or participating in any carpooling.
  8. By using this website and associated mobile Apps and/or participating in any carpooling arrangement users agree and accept that Carpool Club shall have no responsibility, and do not accept any liability, for users safety or for any loss or damage users may suffer, however arising, from any transaction using this website and associated mobile Apps or from participating in any carpooling arrangement.
  9. Carpool Club terms and conditions may be updated occasionally, with or without notice to users. The most current version of the terms and conditions will always be available on the website.
  10. Drivers and Passengers registered will be given an account where they must use a valid email address and personalised password to log-in. It is each user’s responsibility to keep their password confidential. Users accept responsibility for all activities that occur within their account.
  11. Drivers and Passengers agree that Carpool Club, in its own discretion, may terminate a users use of the service immediately and without notice. This includes, but is not limited to, if:
  12. we believe that a user is not abiding by these terms and conditions; or
  13. we cannot verify or authenticate the information provided to us when a user registers on this website and associated mobile Apps.
  14. When a Driver and Passenger are matched for a trip limited personal information will be revealed to each party regarding the other. This includes the first name, the picture used at registration and, in the case of the Driver, the registration number, make and colour of their vehicle. Each party will also be able to call the other party.
  15. Participation in Carpool Club does not guarantee that a user will be matched with and/or establish contact with other users suitable to establish carpool arrangements with.
  16. Carpool Club makes no claim, representation or warranty as to the accuracy or completeness of information or other content of the Carpool Club website.
  17. The cost of tokens needed to participate in the program as a Passenger are listed on the website.
  18. The value that will be paid when tokens are redeemed by Drivers is also listed on the website.
  19. If any Clause of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of these Terms & Conditions will continue in effect.
  20. The courts of New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms & Conditions.
  21. Any failure by Carpool Club to enforce any Clause in these Terms & Conditions will not be deemed to be a waiver of the enforcement of other clauses.

Drivers

  1. Drivers must hold a valid driver’s licence and disclose if they hold a Provisional licence. If at any time a driver’s licence is suspended they must advise Carpool Club immediately and cease participating in the program until they have a valid licence.
  2. Drivers that hold a Provisional “P” drivers licence cannot use the map feature of the App while driving. P-Platers must ask the Passenger to use their GPS map to provide directions.
  3. Drivers on a full licence may only use the GPS navigation facility if permitted by law. In general, Drivers on a full licence can use GPS navigation facilities on their smartphone if:
  4. the phone is secured in a commercially designed and manufactured fixed mounting, and
  5. the mounting is fixed in a location that will not distract or obscure the driver’s view in any way, and
  6. the use of the Driver’s aid does not distract the driver from driving or from being in proper control of the vehicle.
  7. The registration and CTP policy for the vehicle used by the Driver in connection with the App must be valid and the vehicle must be roadworthy and free of defects that can affect performance at all material times.
  8. Drivers cannot use motor cycles, side cars, motor scooters or any other vehicles that do not contain adequate seat belts.
  9. The Driver must check with their vehicle insurance provider to ensure that carpooling does not affect their policy. Most comprehensive policies have clauses allowing owners to carpool, but it is each Driver’s responsibility to confirm this with their particular insurance provider.
  10. Drivers must comply with all road rules including, but not limited to, being under the requisite blood alcohol concentration, not being affected by any illicit drugs, adhering to the speed limit and all road rules.
  11. Drivers must drive in a courteous manner that does not upset their Passengers. They will not partake in “road rage” incidents or drive in a way that may induce this from other drivers (such as tail-gating, changing lanes excessively, dragging from traffic lights and other aggressive driving).
  12. Drivers must not smoke while they have Passengers in the vehicle without the Passenger’s express consent.
  13. Drivers should advise a Passenger if there are other passengers in the vehicle prior to picking them up.
  14. Drivers must take Passengers to the address they requested on their booking unless prior agreement is made with the Passenger.
  15. Drivers will be considerate to the Passengers wishes/tastes when selecting the volume and genre of audio entertainment when used.
  16. Drivers will not engage in racist, bigoted, political or other discussions which are likely to offend.
  17. Drivers must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
  18. Drivers will not attempt to sell anything nor induce Passengers into schemes or programs including, but not limited to, religious programs, get rich quick schemes, pyramid programs and so on, in connection with use of the App or carpooling.
  19. Drivers must not use their phone in a manner that is not permissible by law or otherwise makes Passengers feel unsafe. Drivers should resist from using their phone on hands-free and, if calls must be made or taken, these should be kept as short as possible.
  20. Drivers accept that if they fail to comply with any of these terms and conditions they may have their registration with Carpool Club suspended and tokens in their account will be frozen.
  21. The use of employer provided vehicles may be subject to conditions by your employer. Similarly, your employer may have policies about the use of private vehicles for work-related travel.  It is the Driver’s responsibility to ensure that they are permitted by their employer to use an employer provided vehicle or private vehicle to carry Passengers in a carpooling arrangement.
  22. If the Driver’s vehicle is not owned by them it is their responsibility to obtain approval from the owner to carry Carpool Club Passengers before participating in the program.
  23. Drivers agree that their intention in participating in Carpool Club is to recover some of the costs they incur in their daily commute to work, study or similar activity. Drivers agree and acknowledge that participating as a Driver in Carpool Club will help Drivers recover some of their costs (such as fuel, tolls, parking, running costs, depreciation or finance) but Drivers will not make a profit by participating in Carpool Club.
  24. Drivers must not make travel arrangements beyond transporting Passengers in the morning and evening on their own way to or from work, study or similar activity. An exception to this is using Carpool Club when travelling to major events (such as concerts, sporting events, festivals) where parking is limited.
  25. Where a Passenger is accompanied by a child under their care, and that child requires a child restraint (or booster seat) to comply with the relevant road regulations, it is the Passenger’s responsibility to supply the child restraint / booster seat but it is the Driver’s responsibility to ensure it is fitted correctly. Local laws in respect of children sitting in the front seat of a vehicle must also be observed.
  26. Tokens earned by participating in Carpool Club can only be redeemed via the App. Drivers will earn two (2) tokens for the first 7.5km of a trip booked via the Carpool Club App and then one (1) token for every 7.5km, or part thereof, travelled thereafter. Distances will be calculated by the App. using the fastest route using Google Maps.
  27. Estimates provided by the App for the extra time and distance of a Driver’s trip as a result of taking a Passenger booking are estimates only.
  28. Drivers can use the tokens earned from transporting Passengers to take their own trips as a Passenger (in which case they will need to download a separate Passenger App) or they can redeem the tokens within the App by supplying valid Australian bank account details where funds can be deposited into. Note than redemptions can only be made in fixed quantities of tokens – currently 10, 20 and 50. These may change from time to time. Drivers understand that they can only redeem their tokens for cash when they have accumulated the minimum number required by the App.
  29. Driver accounts that are inactive for 12 months or longer will be suspended and the tokens within the account will be frozen and returned to Carpool Club.

Passengers

  1. Passengers are responsible for their own personal safety. Although participants must be over 18 years of age, children under 18 may travel if accompanied by their parent/legal guardian. In this instance children must be accompanied for the entire trip and the responsibility for the safety and well-being of the child is fully accepted by the parent/legal guardian.
  2. Where a child is accompanying a Passenger the child will be charged the same number of tokens as the adult Passenger. Where local laws require the child to sit in a child restraint or booster chair it is the Passenger’s responsibility to supply this for the trip. The Passenger must also inform Drivers of this when booking the trip via the App.
  3. Passengers must treat the Driver’s vehicle with respect and not do anything which damages the vehicle.
  4. Passengers will not eat, drink or smoke during a trip.
  5. If more than one Passenger is taking a trip, even if it’s from the same pickup location to the same drop-off location, they must each surrender the required tokens for the trip.
  6. Passengers will not change the destination address unless prior approval is given by the Driver.
  7. If a Passenger terminates a trip before the destination that was booked is reached they will be charged tokens as per the original booking destination.
  8. Passengers should be considerate to Drivers and other Passengers when using personal audio devices or talking on the phone.
  9. Passengers will not engage in racist, bigoted, political or other discussions which are likely to offend.
  10. Passengers must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
  11. Passengers will not attempt to sell anything nor induce Drivers or other Passengers into schemes or programs including, but not limited to, religious programs, get rich quick schemes, pyramid programs and so on, in connection with use of the App or carpooling.
  12. Passengers accept that the route shown by the Passenger app is the quickest route calculated by Google Maps but the driver who accepts the booking may choose a different route. This includes taking roads that avoid tolls. The only obligation on the driver is that they take the passenger to the destination requested and the actual route taken is entirely up to the driver.
  13. Tokens to participate in Carpool Club can only be purchased (or transferred in the case of Driver tokens) via the mobile App.

Privacy

  1. Your personal information is collected by Carpool Club for the purpose of enabling you to participate in the program and will only be disclosed to staff responsible for administering the program and other users as outlined in the terms and conditions. Your personal information will otherwise be handled in accordance with legal requirements. If you require access to, or correction of, your personal information this can be amended via the Apps or you can email support@carpoolclub.com.au
  2. Any links to third party sites contained within the website should not be taken to imply a connection between those third parties and Carpool Club. Further, Carpool Club accepts no responsibility for the privacy policies of any such third parties.
  3. You acknowledge and agree that Carpool Club may contact you to request feedback or a testimonial or to invite you to participate in competitions. Whether or not you respond to any such request and/or invitation is entirely at your discretion. Any feedback and/or testimonial you may provide may be published by Carpool Club on its website.

DISCLAIMER

All statements made on this website are made in good faith and Carpool Club believes they are accurate and reliable.

Carpool Club gives no warranty as to the accuracy, reliability or completeness of information that is contained in its website.

Before acting on any information on the website or mobile Apps, you should consider the appropriateness of the information having regard for your circumstances or personal situation, and where necessary, obtain independent verification.

Carpool Club, its agents, officers and employees are not liable for any loss, cost or expense that you incur, directly or indirectly, as a result of, or in connection with any advice, information, statements or services provided to you or, arising out of your participation in carpooling whatsoever, howsoever arising.

We are not responsible for the actions or inactions of any user of the carpooling program.

Your participation in the carpooling service is at your risk in all things.