This is a legal agreement ("the Agreement") Between you and Amma Carpool Services Limited ("the Company") and by registering to use the service at tripmi.ie you become a member of the tripmi Service (“the Service”) and you agree to be bound by the Terms and Conditions of this Agreement for as long as you continue to be a member. Therefore, please read the Agreement carefully before registering and if you do not agree to abide by the terms and conditions please do not register and/or use or access the Service.
The Company reserves the right, at its sole discretion, to amend, alter and modify the terms and conditions at any time, without notice to its Members by posting the most recent up to date version on the site. Members are requested to regularly review the terms and conditions from time to time. By accessing this Site, Members hereby agree to be bound by the terms and conditions, howsoever amended, modified or altered.
What we do:
We act in the capacity of a passive transmitter and principally and exclusively to host a website which facilitates and enables drivers and passengers to locate and meet travelling companions.
The Company endeavours to provide the following services:
Our Website facilitates carpool matching by establishing a forum whereby:
-
- drivers can offer lifts;
- passengers can find drivers that are prepared to offer lifts;
- group schemes to be established to allow administration of public and private car-sharing groups for organisations such as companies, schools, hospitals, councils, sports organisations, etc;
- we encourage our Members to actively communicate with us so that the Company can provide better services and achieve continuous improvement so that our Members and the public at large may be informed about our services.
We do not provide background checks nor do we investigate or guarantee any Members purported identity and/or bona fides when they register for the Service.
All drivers should satisfy themselves that they are fully licensed to drive and have up to date appropriate car insurance, motor tax and NCT clearance for any mechanically propelled vehicle used in connection and/or conjunction with this Service, and the Company does not warrant or hold itself out as having investigated whether same is true.
It is our belief and policy that Members who are enlisted as drivers and arrange to car pool with other Members should not make any profit whatsoever as a result of allowing other Members to car pool with them. Drivers should also ensure that they do not invalidate their respective insurance policies as a result of carrying extra people for profit.
Once carpool matching has occurred, the Company requests that Members agree to cover the cost of any given journey embarked upon by sharing petrol costs associated with the journey. The Company requests that such payment be made by agreement between the Members. The Company shall not be held responsible nor will the Company be liable for any financial loss (direct or indirect) which may occur as a result of a Member not paying for his or her share of the petrol costs.
Prospective Members under the age of 18 must have their parent(s)/guardian(s) register on their behalf.
Personal Account
We provide you with your own account. You may choose your own Member name and password.
Fees
Registration for individual Members is free.
Online Conduct
You represent, warrant, covenant and agree:
- That you will abide by all of the terms and conditions of this Agreement, and you will use the Service in accordance with all applicable laws and regulations. Your membership is for your own sole personal use and benefit and you shall not assign, license or transfer it to any third party. You shall not under any circumstances authorise others to use your membership. You agree that you alone are solely, personally and absolutely responsible for the content and/or information which you communicate, transmit, send, publish or display (hereinafter "Post") on the Service or to other members of the Service or allow others to Post on your behalf. You shall not under any circumstances promote any commercial activities, including promoting any third party related links. You shall not under any circumstances Post or allow to be posted on your behalf on the Service or to other members of the Service, their servants or agents, any material that: is defamatory, inaccurate, abusive, obscene, profane, blasphemous, seditious, offensive, sexually orientated, threatening, harassing, racially offensive or illegal infringes or violates any other party's rights (including but not limited to intellectual property rights, and the rights of privacy and publicity), contains any information pertaining or relevant to yourself or the person to whom you are posting it contains any telephone numbers, street addresses, last names, URL's or e-mail addresses other than where the Company asks for it in the Registration Form is intended or has the effect of advertising or soliciting other members to buy or sell any products or services through the Service constitutes a chain letter, or junk e-mail.
- You acknowledge, represent and warrant to the Company that you will not engage in any of the following activities with respect to and through your use of the Site and our Services: a) upload, post, transmit, share, distribute, link, disseminate or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional and or advertising materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (b) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, (c) use or attempt to use another's account, service or system without authorisation from the Company, or create a false identity on the Site; (e) intimidate or harass, stalk or violate any persons legal rights and (f) violate any law of any country, state or jurisdiction.
- You shall immediately notify the Company of any content, information or material posted by others on the Service or to you of which you become aware which does not comply with the provisions as to Online Content above, but shall not by such notice impose upon the Company any obligation to take any steps on foot thereof.
- The Company is not involved in the creation of your information but acts as a passive transmitter for Member’s online distribution and publication of information. Members are solely responsible for information posted and their interaction with other Members of the Service.,/li>
DISCLAIMERS
Online Content
Neither the Company nor any of its servants or agents shall be responsible for, nor have any obligation to verify, the accuracy, propriety, suitability or reliability of any material which any member posts on the Service or to you nor whether such material complies with the provisions as to Online Conduct set out above. Opinions, advice, statements, offers or other material posted through the Service other than that posted by the Company itself are those of their respective authors and should not necessarily be relied upon. You must be the sole judge of what to believe or rely upon. Such authors are solely responsible for such content and the Company does not guarantee the accuracy, completeness, or use of any information on the Service and neither adopts nor endorses it. Other Members may transmit material that does not comply with the provisions set out above for Online Conduct. Under no circumstances whatever will the Company be directly or indirectly responsible for any personal or psychiatric injury, distress, upset or trauma, loss or damage resulting from your use of the Service, nor from your access to transmissions posted by others , nor resulting from your reliance upon material posted by others on the Service or to you or other members.
The Company reserves the right but has no obligation to monitor the materials posted on the Service and reserves the right to remove any such material at it's sole and unfettered discretion. Notwithstanding the Company's right in this regard, you remain solely responsible for the content of the material you post on the Service or to other members.
- The Company does not promote commercial activities, including Third Party related links.
- The Company adheres to a policy of zero tolerance for predatory behaviour, disparaging or defamatory comments, threats, harassment, illegal activities, invading privacy, propaganda, racial hatred, offensive cultural behaviour, vulgar or obscene content, or other inappropriate behaviour or the revealing of other members' personal information.
Provision of Service
The Company provides the Service on an "as is" basis and grants no warranties of any kind, expressed or implied by Statute, common usage or otherwise. In particular the Company disclaims any implied warranties of merchantability, fitness for the purpose, or non-infringement. The Company does not warrant that your use of the Service will be secure or private; that your use will be uninterrupted, always available, error free or that it will meet your requirements or that any defects will be corrected. While all postings on this Service are swept on a regular basis for the presence of computer viruses, the Company cannot guarantee that any part of the Service nor any material sent through the Service or any attachments thereto are virus free or have been intercepted and amended and therefore the Company denies liability for any loss and damage that may be suffered by you.
Changes in Service
The Company may limit your right to use the Service by imposing limits, conditions and/or restrictions from time to time at the sole and unfettered discretion of the Company. The Company may alter, suspend or discontinue any aspect of the Service at any time including the availability of any Service feature or database or content within such feature or database. The Company may do any of the foregoing without notice or liability to you.
Termination or Suspension
The Company may terminate or suspend your membership at any time, for any reason, without explanation, effective upon notice to you. The Company expressly reserves the right to immediately suspend or terminate your access to the Service without notice upon any breach of this Agreement by you of which the Company becomes aware.
Proprietary Rights
The Company is the owner or authorised User or licensee of all the intellectual property rights contained in the tripmi Website and its content including, without limitation, any copyright, patent registered design, trademark, service mark, source codes, specifications, templates, graphics, logos, or any right subsisting in Ireland or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, tripmi.ie does not grant any express of implied right to you in any intellectual property rights or secret information held in our servers.
Interpretation and Operation of Agreement
This document embodies the entire Agreement and you may not rely on any representation, promise, or any understanding not expressly set forth in this Agreement, which shall not be amended, modified or varied except by notice duly communicated to you or attached herewith by the Company. No failure or delay by the Company to exercise any right or remedy under this Agreement shall be or be deemed to be a waiver thereon. If any term of this Agreement or any part thereof shall be or be declared illegal invalid or unenforceable for any reason by a Court of competent jurisdiction, such terms or provisions shall be divisible from the balance of the Agreement and shall be deemed to be deleted.
Exclusion of Liability:
The Company, its Licensors or suppliers will have no liability to you (or to anyone claiming through you) for any direct or indirect or consequential loss and or damages (whether or not foreseen) suffered, including loss of profit or loss of goodwill by any reason whatsoever and without prejudice to the generality of the foregoing by reason of:
- The suspension or termination of this Service.
- The use or inability to use the Service.
- Any posts, statements, images, graphics, contents and any other media uploaded onto the Website and any media content downloaded from the Website made by Members, third parties, or sponsors.
- Decisions made by Members to car pool are made at Member’s sole risk. The company does not make any warranties nor does it make any representations regarding the nature, security, reliability, comfort, punctuality of any car pool journeys and assumes no responsibility for any loss (be it personal, financial economic, or consequential loss) injury, damage (punitive and special) which a Member may suffer by reason of accessing and/or using the Website and also agreeing to Carpool with other Members.
- In any event Members take full and complete responsibility for your use of the Website, and by using the Website the Member is acknowledging the Agreement that the Company has no liability whatsoever for any problems and or issues that may arise from its use.
- Members agree and acknowledge that they will not hold the Company liable for any loss, injury or damage that may result by using the Service and by agreeing to car pool with other members.
Indemnity:
You agree to defend, indemnify and hold harmless the Company, subsidiaries, affiliates, parents, its officers, directors, servants or agents and all other members against any losses, costs, liabilities and expenses (including legal fees and expenses) relating to or arising out of your use of the Service or this Agreement. The Company reserves the right but has no obligation to reject any content, information, data, or other material that does not comply with this Agreement.
Proper Law
The terms and conditions of this Agreement on which the Service is provided by the Company shall be governed by the Laws of Ireland.
Jurisdiction
Disputes arising from this Agreement or the use of this Service shall be subject to the non-exclusive jurisdiction of the High Court of Ireland.
Complaints:
To resolve a complaint regarding the Service or the Site you should contact the Company customer support at info@tripmi.ie
