Terms of use

Introduction:

PoolCircle Technologies Pvt Ltd, referred to as "PoolCircle", owns and operates the website www.poolcircle.com, the associated PoolCircle online application and the associated PoolCircle mobile applications (on Android and iOS). This Terms of Use regulates the use of PoolCircle by the users. By registering and / or using PoolCircle, you are deemed to have read and agreed to this Terms of Use. PoolCircle reserves the rights to change the Terms of Use at any time by a written notice, so please check the Terms of Use periodically.

What is PoolCircle?

PoolCircle is a technology enabled social platform that enables users, called "Car Owners", who are driving their car or any other vehicle from point A to point B to offer rides to one or more users, called "Passengers", travelling in the same direction who are willing to ride along with the "Car Owner". The term "Car Owner" in the context of PoolCircle refers to the user who is offering seats in his or her vehicle and he or she may or may not be the actual Owner of the vehicle. The terms "Car Owner" and "Passenger" as also used purely in the scope of a single carpool transaction in PoolCircle.

The incentive for the Car Owner and Passenger to car pool or share rides might be to commute using a sustainable / eco-friendly manner or to save on fuel cost or to cut costs in comparison to more expensive commute option or to reduce traffic in the roads or to reduce driving stress.

PoolCircle provides capabilities for enterprises to offer this platform to their employees as a sustainable, safe and economical commute option.

PoolCircle does not own or operate cars or any vehicle for transporting its users. PoolCircle does not have any contract with its "Car Owners" or "Passengers" or provide guarantee / assurance that it's "Car Owners" will discover "Passengers" or vice versa.

PoolCircle is currently a product that is free for use for both "Passenger" and for "Car Owner". However, we reserve the right to charge for the service at any point of time and will provide prior notice to all existing users in such an event by way of a notice on the website and also by changing these Terms of Use appropriately.

Who can use PoolCircle?

You need to be 18 years of older and is not otherwise disqualified from contracting in accordance with the applicable law, in order to register and use PoolCircle and car pool / ride share using PoolCircle. You will have to be a registered user on PoolCircle in order to use the product. PoolCircle users who accepts passengers and drive the vehicle are required to have a valid driving license as per the local laws.

You may register on PoolCircle with your valid Email address or Facebook or Google+ credentials. PoolCircle authenticates Email based registrations by sending to an email to the user's email account and requiring the user to click on a link in the mail. Facebook and Google+ based sign in will be authenticated by the respective services.

Apart from the above sign in credentials (Email or Facebook account of Google+ account), information like the Name, Phone Number, Gender and the user Photograph are mandatory during the Profile completion process, before the user can search for carpools. The phone number will be validated by sending a PIN number and to the mobile number by SMS and requiring the user to enter the PIN, as part of the Profile completion process. The validation of the email address used to register and the phone number is done to ensure user safety on the platform.

Car Make, Model, Registration Number and Photograph of the car may be provided optionally. This is done to enable easier identification by the Passenger at pick up point

Please ensure that you provide accurate information for this. PoolCircle reserves the right to terminate, without notice, users who have provided inaccurate information.

How can it be used?

PoolCircle allows registered users to opt to be a "Car Owner" and offer rides during your trip by specifying the Starting Point, Destination and the Time of your commute. Alternately, the user may opt to be a "Passenger" and search for "Car Owners" in a specific route at a given time. PoolCircle will list the available "Car Owners" in the similar or nearby routes and the "Passenger" can "Request" a carpool with the "Car Owner".

The user can choose from an option of Schedules, OnDemand and Inter-city rides. They can also set up the trip as a one-way or a two-way trip. The user can choose the days of the week for the schedules.

When another user is found on the PoolCircle network going the same way, PoolCircle will list the available matches and the user can set up the carpool by either calling the person to coordinating the carpool. Alternately, PoolCircle also allows an option to send a message to the other person to coordinate the carpool. This message will be received by the other person as an SMS on their registered mobile number.

PoolCircle MyCircle feature allows you to define the set of users that you are willing to carpool with. You may choose one or more of "Office Colleagues" / LinkedIn Connections / Facebook Friends. You may choose to ride with Male Only / Female Only / Both Male and Female. PoolCircle will only show you users who are part of your MyCircle in all your searches. In addition, only users in your MyCircle will see your profile when they do a search. The MyCircle setting maybe modified for each carpool ride.

For your convenience, PoolCircle allows you to create Schedules for trips that you under take on a regular basis. Ex Office commutes every week day. PoolCircle will automatically publish trips on your behalf as per the Schedules that you have set up. Please ensure that you Delete all existing Schedules in case you want to stop using the product. This will ensure that trips are not published on your behalf and other users do not continue trying to carpool with you.

PoolCircle allow the user to invite his or her friends to join the network. They may choose to invite friends from Facebook / Contacts or Email in case of iOS and Android app. In case of web app, the user can invite Facebook friends and email contacts.PoolCircle allows user to rate others on the network as part of the safety feature. User can rate anyone on the platform and the other person can see the rating that you have provided.

Safety:

You are responsible for your safety w.r.t. the carpooling on PoolCircle. PoolCircle is only a technology enabled social platform helsp you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic in the roads. You are encouraged to use PoolCircle responsibly and safely. PoolCircle recommends the following safety guidelines in the course of using our product.

1. PoolCircle validates email addresses during registration using mechanism described in the "Who can user PoolCircle" section of this document. This pertains to the registrations done using the Email option. PoolCircle does not undertake any other user checks at an individual level.
2. PoolCircle validates Google+ and Facebook based registrations using Google+ and Facebook based authentication respectively. This pertains to the registrations done using the Google+ or Facebook options.
3. Please set up your My Circle definition carefully and verify the information provided while requesting a carpool with a "Car Owner". Follow similar caution while accepting a carpool request from a "Passenger".
4. Carry a photo ID and show the same at the pickup point while take a ride and request the same from your ride partner.
5. If you are a Passenger choose a safe pick up location which will not compromise your safety when you are waiting for the "Car Owner" to arrive.
6. If you are a Car Owner choose a pick up location which does not compromise your safety on the road or disrupt traffic if you have to wait for the Passenger to arrive.
7. As a Car Owner do not take in more Passengers than the recommended seating capacity of your vehicle
8. Use of mobile phones while driving is extremely dangerous. Do not under any circumstances use your mobile phone either to coordinate a carpool using PoolCircle or for any other reason.
9. PoolCircle recommends using the product to set up carpools before you start driving or to park your car in safe designated parking areas if you have to use the product or coordinate with your ride partner on the way.
10. The Phone number of the other person with whom your ride match is done will be shown to you. Please use discretion in sharing it with others.
11. Exercise overall caution and common sense while using PoolCircle

Liability Disclaimer:

PoolCircle is a technology enabled social platform that helps its users find car pool partners and enables you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic in the roads. PoolCircle is merely an enabler.

1. PoolCircle does not undertake any profile check of its users at an individual level apart from the mechanism described in the "Who can user PoolCircle" section of this document. PoolCircle, therefore cannot be responsible for actions and misconduct of the users which might result in personal injury, physical damage, loss or damage to property or death - intentional or accidental or due to negligence arising out of or in any way connected to using PoolCircle or during the carpool ride.
2. PoolCircle allows the user to contact each other in order to coordinate the carpool. This is done only in the context of the MyCircle that you set up. Only people within your MyCircle can see your searches and you can only see the searches done by others in your MyCircle. PoolCircle is not responsible for any offensive behaviour of the user towards each other.
3. PoolCircle does not have any contract with the "Car Owner" or the "Passenger" nor does it own or operate its own cars or any other vehicle for transporting its users. PoolCircle does not guarantee that you will find a car pool partner using our platform or that your car pool partner will honour the carpool that you have set up with him or her, as in arriving at the pickup point at the specified time.
4. PoolCircle does not make assurances about the availability, lack of defect, bugs of the services – the website www.poolcircle.com or the PoolCircle mobile application. You agree to use the services in "As is where is" condition.

In no event shall PoolCircle be liable to the other under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, tort (including negligence), or otherwise, for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, business interruption or loss of profits, business opportunities, or goodwill arising hereunder even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.

In no event shall PoolCircle be liable to the other under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, tort (including negligence), or otherwise, of any kind and however caused arising hereunder even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy, for damages, which, in the aggregate, exceed a sum of Indian Rupees One Thousand.

Intellectual property rights and copyrights:

All intellectual property rights of any kind now known or arising in the future, including any derivative works thereof, on, concerning or connected with www.poolcircle.com and the associated PoolCircle mobile applications are owned by PoolCircle fully and in their entirety. These rights include and are not limited to company name, product name, features, algorithms, database design rights, software code, copyright, visual and user experience design rights, logos and trademarks - whether registered or unregistered. The users merely gets a right to use the PoolCircle website and features, in compliance with and to the extent stated under these Terms of Use. All rights not granted hereunder are reserved.

Jurisdiction:

The user registration with PoolCircle is deemed to have been entered into at Bangalore, India jurisdiction with respect to all the terms, conditions and disclaimers and any claims, liabilities or any matters arising hereunder.