ePoolers is not a transportation service provider, and ePoolers is not a transportation carrier. It is up to the user to decide whether or not to offer a ride to a rider contacted through the ePoolers platform, and it is up to the rider to decide whether or not to accept a ride from any user contacted through the ePoolers platform. Any decision by a user to offer or accept services once such user is matched through the ePoolers platform is a decision made in such user’s sole discretion. Each transportation service provided by a car/two-wheeler owner to a rider shall constitute a separate agreement between such persons.
1. General Conditions to use ePoolers:
1.1 ePoolers offers a platform for users to search other users to share a route for journey (intra-city or inter-city). It enables User (Vehicle owner, hereinafter called Pooler) to share their car/two-wheeler with other User (person taking the ride, hereinafter called Rider) in exchange for a cost which may be accepted by Rider for travelling from one place to another with Pooler and it may include all other Riders who accompany in the Vehicle for the route with Pooler.
The Vehicle is offered by the Pooler for sharing car/two-wheeler ride for a route in relation to which the Pooler and the Rider/s have conducted a Transaction on ePoolers. Vehicle means a car/two-wheeler which is legally owned by Pooler and has been offered for car/two-wheeler pooling. All confirmed rides, scheduled on ePoolers by Pooler & Rider will result in a transaction on ePoolers.
1.2 Cost of the route, that has to be shared between Pooler & Rider/s, will be calculated by ePoolers and will be binding for the users. It will be a variable calculation depending on many variables like vehicle used, distance of the ride, petrol/diesel prices at source and estimated time taken for the ride. Every car pooling user will also pay a fee of Rs.10 to ePoolers for every ride with applicable taxes. This cost will be shared equally by the Pooler & Rider/s and is payable by Rider/s in advance to ePoolers. In the event of any change in the share of the cost of ride, after the confirmation due to addition of more riders, the balance will be refunded into the Rider’s account at the completion of the ride. For two-wheeler pooling, ePoolers will deduct 20% of the amount paid by the Rider and transfer the balance into Pooler’s wallet.
1.3 All users must be over 18 years of age & should have contractual capacity at the time of registration on ePoolers.
1.4 All Poolers must have valid Driving License, Car/two-wheeler Registration, Insurance & Pollution certificates at the time of ride. Poolers should not at any time offer a ride to more than 3 Riders for car pooling and only 1 Rider for two-wheeler (Bike pooling).
1.5 The T&Cs apply to any and all use of ePoolers by a User, including without limitation whether such User is the 'Pooler' or 'Rider'. By registering on ePoolers, the User acknowledges, accepts and agrees to abide by the T&Cs.
1.6 User agrees that the Company may vary or amend ePoolers, its Services, conditions, functionality, at any time without notice to User.
1.7 In the event, the User fails to comply with any of the T&C, the Company reserves its right to withdraw the User Account (defined below) in question and suspend or withdraw Services to User without any prior notice.
1.8 It is presumed that the person who has created the account on ePoolers will be the one who will travel.
1.9 Pooler may deny boarding to Rider in case the Rider’s profile does not match with the booking details. It is suggested that all users should always carry a valid Photo Id Proof to avoid any confusion / dispute at the time of start of the ride.
1.10 It is optional and recommended that the users rate every other user they travel with, rating them with grades or leaving a comment about the shared ride. The Ratings are of exclusive use of the Company, in order to provide a better service to users.
2. Registration and verification:
2.3 In order to be registered, the User can sign in through Facebook/LinkedIn/email thereby providing consent to capture details of User from Facebook/LinkedIn Account which may be published on their respective account on ePoolers. The verification will be completed through OTP with Mobile Verification of User on ePoolers. Only after confirmation of the User Account by the Company, the User can offer or book a ride. However, User agrees and understands that the Company does not undertake any responsibility for the accuracy of the Registration Data and any other information provided by the User on the Application or to a Pooler & Rider, as the case may be. The Company will not be liable to any User in any manner whatsoever in the event any information provided by another User results to be false, incomplete, inaccurate, misleading or fraudulent in nature. "Facebook/LinkedIn Account" means the user account of User created on www.facebook.com or www.linkedin.com.
2.4 Mobile Verification: In order to ensure credibility of User and to verify the User mobile number, the Company will send a SMS comprising of a four digit 'one time password' on the registered mobile number of the User. User needs to validate this four digit 'one time password' on ePoolers in order to complete the process of registration and verification.
2.6 If Company has reasonable grounds to believe that any information provided by the User is incorrect or incomplete, then the Company may suspend or terminate the User Account of the respective User temporarily or indefinitely at its discretion without notice to such User.
3. Use of Services:
3.1 Services offered by the Company will allow the User to share a Vehicle for a Ride either as a Pooler, offering the ride to a Rider for that route or as a Rider, taking the ride. The Transaction shall be done in exchange for a Cost Contribution. The Cost of the Ride will be shared by the Pooler and all the Riders travelling in the Vehicle.
3.2 After confirmation of ride & successful transaction, the Rider may contact the Pooler or vice versa directly for discussing any conditions of travel (including size of luggage allowed to carry, cancellation of Ride before or during the Ride etc.). At the completion of ride, the Pooler will get his share into his mobile wallet.
3.3 If a Rider does not take the ride because of his personal reasons and not due to any deficiency on the part of the Pooler, then Rider will be entitled to a partial refund. If a Pooler decides not to offer the ride without prior intimation due to personal reasons, then he will be penalised.
3.4 Parking, toll or any interstate taxes will be separate and have to be taken offline for sharing between Pooler & Rider as per mutual understanding.
3.5 Since ePoolers is a platform to facilitate search for fellow car/two-wheeler poolers, it does not have any control on the terms agreed offline between users. User unconditionally acknowledge that given the nature of the Services, the Pooler and Rider will have no right to initiate any claim against the Company for any issue related to the ride including, but not limited to, cancellation of Ride before or during the ride, last minute changes, failure by the Pooler or the Rider to show up and/or any other unsatisfactory or delayed performance by either of them.
3.6 Company has endeavored to ensure that all the information on ePoolers is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained within the content available on ePoolers.
3.7 Company has no role and will take no steps to manage or schedule any booking nor shall Company have any obligations or liabilities in respect of the Services offered by and agreed to solely between the Pooler and the Rider. Company will also not be responsible for unsatisfactory or delayed performance by any User, including but not limited to, safety issues, cancellation of Ride, last minute changes, failure by the Pooler or the Rider to turn up etc.
4. Limited use of services on ePoolers:
4.1 ePoolers is merely providing a platform to a Pooler and Rider for sharing a Vehicle in a private capacity in exchange of Cost between them. The User is only allowed to use ePoolers for his personal use. Under no circumstances shall a User be permitted to use his User Account or details thereof for any purpose other than for using car/two-wheeler pooling facility in India in his personal capacity and he shall not indulge in any activity of profit making or car/two-wheeler sharing for hire or similar purposes.
4.2 The User agrees and undertakes not to exploit or abuse ePoolers for any purpose other than the purpose herein and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India. In addition, ePoolers shall not be used in any manner, which could damage, disable, impair or interfere with any other User's right to use and/or enjoyment of ePoolers or cause any damage to or hamper the business or reputation of the Company. The User shall refrain itself from obtaining or attempting to obtain any information through any means which is not intentionally made available or provided to it for or through ePoolers.
5.1 Covenants and obligations of the Pooler:
The Pooler hereby covenants that:
1. he/she is the legitimate owner of the Vehicle or is authorized and entitled to use the Vehicle under the laws of India;
2. the ride is undertaken in his/her personal capacity in accordance with his/her need;
3. he/she will not use ePoolers for any purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;
4. he/she has procured for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the Riders in the Vehicle and covers third party liability. The Pooler further agrees to provide the evidence of such insurance policy on the request of the Rider;
5. he/she holds a valid driving license and valid pollution control certificate in respect of the Vehicle;
6. he/she will reach on time at the appointed pick up place as mutually agreed with Riders with the specified Vehicle;
7. he/she will wait for the Riders at the appointed pick up place for at least 10 (ten) minutes after the agreed time in case Rider fails to reach the appointed place on time;
8. he/she must take reasonable care to ensure good and humble conduct with the Rider/s during the ride;
9. he/she will share the cost of ride equally with riders;
10. he/she will immediately inform the Riders about any change in ride. If one or more Riders have confirmed the ride and the Pooler decides to change any aspect of the ride, the Pooler undertakes to contact all Riders for a Transaction in relation to that Ride to obtain consent from them for such change. If any Rider refuses to such change and declines to travel then that Rider will be entitled to a full refund of his Cost Contribution and no compensation will be paid to the Pooler in this scenario.
11. Pooler will not charge additionally at boarding, in case of breach ePoolers reserves the right to block or prohibit Pooler from offering rides on ePoolers.
5.2 Covenants and obligations of the Rider:
The Rider hereby covenants that:
6. Disclaimer of warranties and no liability of Company:
6.1 User acknowledges that the Company is acting as a marketplace for car/two-wheeler pooling for people offering rides and searching rides for the same route. The service offered through ePoolers is provided on "As Is" basis without any representation or warranty of any kind from the Company, either expressed or implied, including without limitation, any representation or warranty for timeliness, safety, continuity, uninterrupted travel, quality, conditions of Vehicle, driving skill, performance for any particular purpose with respect to the Ride.
6.2 The Company endeavours to provide information which is accurate, complete, and reliable posted on ePoolers. However, Company makes no representation about correctness of the Registration Data available on ePoolers or any other information published on ePoolers at any point of time. All information, picture(s), graphics, content is provided "as is" without warranty of any kind, either express or implied by Company on ePoolers.
7.1 Users agree to indemnify and hold harmless the Company, its affiliates, franchisees and any of their respective directors, officers, employees, agents, licensees or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or in relation to (a) breach of the T&Cs by the Users; and (b) use of ePoolers including transmission or modification of Registration Data or any other information by the Users on ePoolers; and (c) consequences of any acts or omissions by Users and claims or demands under any statute, contract or otherwise in relation to Ride or Services provided herein. This provision shall survive the termination of User's right to use ePoolers.
7.2 The User has discharged the Company, their affiliates, and their respective directors, officers, employees, and agents from any and all claims, liability, loss, or damage, including any third party claims, arising from or relating to, in whole or in part, the Services, or the use, misuse of, or inability to use the Services as contemplated on ePoolers.
8. Intellectual property rights:
8.1 The information displayed on or contained on ePoolers including, without limitation, ePoolers software, design, text, editorial materials, informational text, images, artwork and other graphic materials, names, logos including all other rights, tangible and intangible with regard to the Services belongs exclusively to the Company and Company is merely permitting Users to use the Services for Poolers and Riders for a Transaction in exchange for sharing the Cost of the Ride between them.
9.1 Users shall be responsible for maintaining the confidentiality of his user ID and password created at the time of registration and User shall be fully responsible for all the activities that occur under his User Account at all times.
10.1 Applicable Laws and jurisdiction:
The T&C shall be governed by and construed in accordance with the laws of India and the Parties agree that any disputes arising in relation to these T&C shall be subject to exclusive jurisdiction of the competent courts at New Delhi only.
10.2 Management of disputes
The Company may at its sole discretion provide Users with an online service for resolving disputes. This service is non-binding and Company is under no obligation to resolve disputes between Users and the dispute resolution mechanism may be opted and offered by Company at its sole discretion which may be withdrawn at any time.
10.4 No Partnership:
None of the provisions of the T&C, notices or the right to use ePoolers by the Users shall be deemed to constitute a partnership between the Users and the Company.