TERMS AND CONDITIONS These Terms and Conditions govern the use of SeatsPlanet Service.
SeatsPlanet TERMS AND CONDITIONS
These Terms and Conditions (the "Terms and Conditions") govern the use of the SeatsPlanet website at SeatsPlanet.com (the "Website") and the SeatPlanet Service (the "Service")
These Terms and Conditions are a reflection of the entire understanding of the relationship between SeatsPlanet and the user (the "Agreement") and it shall prevail any previous agreements, unless SeatsPlanet, expressly and in writing, states otherwise. The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.
If a User fails to comply with any of the Terms and Conditions, SeatsPlanet reserves the right to cancel the User Account of that User and suspend or withdraw provision of all Services to that User without any prior notice.
RULES OF USE OF THE SERVICE
The Website and the Service are strictly limited to provide a platform to Drivers and Passengers whereby they may share a vehicle to undertake a journey to which the Driver and the Passenger have agreed through the Service (the "Carpooling Ride"). Drivers and Passengers shall agree to the conditions of the Carpooling Ride and every issue related to it by means of the Service prior to the Carpooling Ride.
The Service may not be used to make any commercial profit or offer and/or accept any commercial or professional service. The cost of the Carpooling Ride shall promptly reflect the expenses borne by the Driver in order to undertake the relative Carpooling Ride (the "Cost"), as further set forth in clause 9. No additional services shall be provided by the Driver to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) included but not limited to baggage handling, waiting time and additional passengers, in accordance with which the Cost may be subject to change, always in accordance with clause 9 of these Terms and Conditions.
In the event that any dispute may arise between the Driver and any Passenger, SeatsPlanet is under no obligation to seek to resolve that dispute. In the event that any dispute is not settled, SeatsPlanet reserves the right to retain any sums paid by the Passenger until an agreement has been reached between the Passenger and the Driver or a definitive judicial decision has been made.
THE CARPOOLING RIDE SEARCH
The Driver shall post a Carpooling Ride thorough the Website specifying time, departure location, destination, number of available seats and time, among others. The Cost shall be calculated by the Service based on an implemented formula (see THE COST AND PAYMENT).
The Passenger shall search for a Carpooling Ride thorough the Website by searching departure and destination. Passenger shall select the Driver they want to ride with within the results provided by the Service after the search.
After Passenger's request, the Driver may accept such request and if they do so the agreement for the Ride is settled. The Driver has sole and complete discretion to accept or reject each request. If the Driver accepts a request, the Service notifies you through the Website and provides information regarding the Driver - including its name, telephone number and the vehicle license number. The Passenger shall check the Driver's identity before every Carpooling Ride.
Backup Driver : (In the event that a Driver does not arrive to the agreed Departure Location at the agreed time, the second Driver to accept Passenger's request (the "Backup Driver") beginning the Carpooling Ride afterwards may be selected by the system of the Service. The system will send a request to the Passenger to pick one of the selected Backup Drivers.)
THE CARPOOLING RIDE
The Passenger will be solely responsible for traveling to the agreed Departure Location. Upon arrival to the agreed Departure Location, the Passenger and the Driver shall identify themselves by means of a valid identification document prior to the commencement of the Carpooling Ride.
THE COST AND PAYMENT
The use of the Service and the Website is free of charge and there are no subscription fees. SeatsPlanet reserves the right to introduce a fee for the use of the Application and/or the Service at any point of time. If SeatsPlanet decides to introduce such a fee, SeatsPlanet shall inform the User accordingly and allow the User to either continue or terminate the Agreement.
An administration fee of 5% will be deducted from all Carpooling Rides, additional to any transactions fees charged by PayPal or other fees relating to payment, i.e. credit card charges. The Driver cannot withdraw funds for Carpooling Rides that have not yet occurred. These fees do not include the credit card or other applicable sales taxes.
SeatsPlanet shall charge the Passenger for the Carpooling Ride provided to the Passenger by the Driver on behalf of the Driver. The Passenger agrees that they will pay for the Carpooling Ride obtained from the Driver and as such agrees to such a charge, which should be completed in advance, prior to the Carpooling Ride, when the booking is confirmed. The system of the Service shall determine the Cost to be paid by the Passenger to the Driver by an algorithm that takes account of the distance and the price of gas, among others. The Cost shall be accepted by the Driver and the Passenger prior to the Ride. If the Driver and the Passenger do not confirm they accept the Cost the carpooling Ride shall not be undertaken.
A minimum payment of 30$ is required by the driver to insure that the cancellation policies are respected.
Cancellation policy for Drivers is 24h. Late cancellation means that the driver will pay the ride of the passenger to a limit of 10$.
Cancellation policy for Passengers is 8h. Late cancellation means that the driver will keep the amount of the ride for a maximum of 10$.
In order to be able to use the Service User must create a User Account by registering on the Website. By creating a User Account, User shall provide personal information requested by SeatsPlanet and User hereby authorizes SeatsPlanet to use their personal information for the provision of the Service as well as in order to disclose the relevant personal information to Users for Carpooling Ride purposes (such as, without limitation to, license plate or phone number).
The User warrants that all of the information they provide to SeatsPlanet upon creation of their User Account and at any other time after the Account is created, will be truthful, complete, exact and up-to-date. Users agree that any information provided to SeatsPlanet or posted on the Website in connection with any Carpooling Ride or Vehicle will be true, accurate and complete. SeatsPlanet shall not be liable to any User in the event that any information provided by a User which is incomplete, inaccurate, misleading or fraudulent.
The User shall be responsible at all times for the data and information they provide or publish on the Website.
Only one User Account is accepted per User and no User Account may be created on behalf of another person.
In the event that a User does not comply with all or some of these Terms and Conditions, SeatsPlanet may at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the Service and the User Account.
The User's password and username (the "Login Details") are personal and non-transferable. The use of the Service by a User identified by his/her Login Details will be considered to have been performed by the User who, in any case, will be responsible for said use. In any case, any action Users perform on the Website after having been identified with their Login Details will be deemed to have been accepted and signed by theUser in a manner equivalent to an electronic signature.
Users acting as Drivers undertake:
- to honour the expected behaviour established by SeatsPlanet as set forth in these Terms and Conditions as well as the Code of Conduct;
- to comply with the agreed terms between Driver and Passenger regarding the Carpooling Ride, including but not limited to, the time, the Departure Location and the Vehicle;
- to inform SeatsPlanet about any changes related to the Carpooling Ride;
- to send a cancellation request to the Passengers at least 24 hours prior to the Carpooling Ride when cancelling a Carpooling Ride;
- to await the Passenger at the Departure Location for a minimum of [2 minutes] after the agreed time;
- to hold, maintain and verify the validity of an insurance policy to cover the Carpooling Ride and the vehicle offered by the Driver to the Passenger for the relevant Carpooling Ride (the "Vehicle") (for the avoidance of doubt including insurance to cover any part of the Carpooling Ride in any country);
- to provide the Passenger with the evidence of the validity of the insurance policy prior to the Carpooling Ride;
- to hold a valid driving license to drive the Vehicle; the Passenger is entitled to request evidence of the Driver's driving license and transport certificate at any time up to completion of the Carpooling Ride;
- to provide SeatsPlanet with the license plate number of the Vehicle prior to the Carpooling Ride.
Users acting as Passengers undertake:
- to honour the expected behaviour established by SeatsPlanet as set forth in these Terms and Conditions as well as the Code of Conduct;
- to comply with the agreed terms between Driver and Passenger regarding the Carpooling Ride, including but not limited to, the time, the departure location and to pay the Cost;
- to send a cancellation notice to the Driver when cancelling a Carpooling Ride at least 8 hours prior to the Carpooling Ride;
- to await the Driver at the departure location for a minimum of 2 minutes after the agreed time.
If the Passenger or the Driver fail to comply with any of these terms or any other Conditions, SeatsPlanet reserves the right to keep information relating to the breach, to publish or disclose this information on the User's online profile and to suspend or withdraw the User's access to the Website.
With regard to content added or published by the User on the Service (the "User Content"), the User shall continue to hold all rights over it and accept all liability in the event of such content infringing the rights of any third party. Users shall not publish any defamatory, misleading or offensive content or any content which infringes any third party intellectual property rights. Users accept that they are liable for such content which is or might be infringing such rights. SeatsPlanet is not responsible of the User Content and shall not be held liable for any loss or damage in respect of the User Content.
The Users know and accept that the content they upload or add to the Service may be viewed from mobile devices connected to it.
LIMITATION OF LIABILITY
SeatsPlanet's liability is limited in accordance with these Terms and Conditions. SeatsPlanet shall not be liable for any breach of any agreement between Users or breach of these Terms and Conditions by a User. Any breach of these Terms and Conditions will give rise to immediate suspension of a User's User Account and the User may be restricted from accessing any further Services. SeatsPlanet shall not be liable for any loss or damage arising as a result of any Carpooling Ride; any failure to pay the Cost and any infringement of any of these Terms and Conditions by a Driver or Passenger before, during or after a Carpooling Ride.
SeatsPlanet is not responsible for verifying the Driver's vehicle insurance to cover the Carpooling Ride. It is the Driver's obligation to hold such insurance and evidence it to the Passenger. The Driver must confirm and evidence to the Passenger that their insurance policy allows them to carry passengers and that their insurance policy covers all Passengers and any accident or incident which may occur during a Carpooling Ride. SeatsPlanet is not a provider of such vehicle insurance nor is responsible for the insurance provided to the Driver by any third party nor warrants the validity of such insurance and shall not be held liable for any loss or damage resulting from the invalidity or inaccuracy of such insurance.
Neither SeatsPlanet nor the Website provides any type of transportation services. The Website is exclusively a tool for Users to find another User with the aim of sharing a vehicle (carpooling) for a Carpooling Ride and it shall always be held as such.
The agreement for sharing the Vehicle is entered into between the Driver and the Passenger. SeatsPlanet is not a party to the agreement and shall not be held liable to either party unless the loss or damage incurred arises due to SeatsPlanet's negligence.
Notwithstanding the above, SeatsPlanet's liability to any User for all losses in respect of any Carpooling Ride is limited to the Cost of the relevant Carpooling Ride.
SeatsPlanet does not act on behalf of any User and SeatsPlanet does not interfere in the Carpooling Rides, departure locations and times agreed between Users. SeatsPlanet is not liable for any dispute that may arise in respect of the agreement between the Driver and the Passenger.
Nothing in this agreement limits or excludes SeatsPlanet's liability for death or personal injury arising as a result of SeatPlanet's negligence.
SeatsPlanet does not act on behalf of any User and SeatsPlanet does not interfere in the Rides, Departure Locations and times agreed between Users. SeatsPlanet is not liable for any dispute that may arise in respect of the agreement between the Driver and the Passenger.
Group Managers shall not be liable for any loss or damage arising out of any Ride, any failure to pay the Cost and any infringement of any of these Terms and Conditions by a Driver or Passenger before, during or after a Trip.
The User's data will be included in a file owned by SeatPlanet that manages and controls the provision of the Service, as well as to keep the User informed, through electronic means, of SeatPlanet's products, services and news.The User may exercise their rights of access, request correction, erasure and objection and/ or revoke their consent for receipt of such commercial communications by sending an e-mail to email@example.com.
- Not to apply or use the personal data accessed for purposes other than mere provision of the Service or assign them, even for safekeeping, to other unauthorized persons.
- The User knows and accepts that the Service is hosted by Amazon, Safe Harbor Certified.
- To maintain professional secrecy concerning the data processed during and after the duration of the Service.
- To take all necessary technical and organizational steps to guarantee the security of your personal data and prevent their alteration, loss, processing or unauthorized access.
- To transfer the obligations referred to in this clause to the personnel that SeatPlanet uses to provide the Service.
The User accepts and acknowledges that User's personal data may be disclosed to public authorities in case it is requested. This includes, but is not limited to, police officers, who, before the data is disclosed, will be asked to display an identification document.
The Service and the elements that are part of it, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, its graphic design and source code (the "Intellectual Property") are the exclusive property of SeatPlanet. All rights are reserved in relation to any registered and unregistered trademarks which appear on the Website.
The User shall not reproduce, duplicate, copy, sell, resell, distribute, create derivative works from, or otherwise exploit the Intellectual Property without the express written consent of SeatPlanet.
If any Clause of these Terms and Conditions of use is declared void or without effect, in whole or in part, such voiding or lack of effect will only affect that provision or the part thereof that is void or without effect. These Terms and Conditions of use shall remain in force with regard to the rest and the provision shall be treated as if it were not included in whole or in part.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Quebec. Any difference which may arise with respect to or as a result of these Terms and Conditions shall be resolved exclusively before the Justice Courts and Tribunals of Canada.
SeatsPlanet reserves the right to modify or update the Service and the Terms and Conditions at any time.
Any modification to the Website, Services or Conditions will take effect as soon as such changes are published on the Website and Users will be held to have accepted any modified versions of the Conditions.
Changes will not apply to any Carpooling Ride which has been made prior to publication of the modified Terms and Conditions.
SEATSPLANET GOOD CONDUCT CHARTER
The scope of this Good Conduct Charter (hereinafter, the "Charter") shall extend to the use of the Website, which has been developed and is operated by SeatsPlanet (hereinafter, "SeatsPlanet"), with the purpose of providing the Service to the User.
By using the Service described in the Terms and Conditions of the Service https://seatsplanet.com/site/legal, Users agree to comply with the provisions of this Charter set out below. This Charter is binding on all Users, who may enforce terms of this Charter against each other directly.
2.1 The Driver agrees that the Car Share rides they publish on the Website will correspond to the Car Shares that they indeed intend to make. The Driver undertakes to carry out the Car Share ride that they publish on the Website and that have been agreed with any Passenger with whom they have made a commitment.
2.2 Information relating to the logistics of the Ride, such as but not limited to departure and arrival times, location, destination, pets allowance, smoking allowance and all information other related to the Ride must be supplied by Users to each other prior to the Ride.
2.3 User is responsible for ensuring that any information provided to them is accurate and for ensuring that complies with any terms agreed with each User. SeatsPlanet.com is not responsible for the accuracy of any such information or for the compliance by Users of any terms agreed between Users.
User agree to provide each other with such information and documents as may be reasonably requested by another User in the event that both Users are or will be participating in the Ride. In terms of a Driver such information will include, without limitations, the certificate of the validity of the insurance policy, transport certificate, the driving license and license plate. In terms of the Passenger such information will include, without limitation, an identity card.
The identities of the Passenger and the Driver must correspond to those communicated to SeatsPlanet.com and as agreed between the Passenger and the Driver. Passenger or Driver may refuse to participate in a Ride if the identity of the other User does not correspond to the one communicated to SeatsPlanet.com.
2.4 No User of the Website may publish on the Website any defamatory or offensive information or information that may be damaging to third parties. SeatsPlanet.com shall remove any information that is contrary to this policy as soon as it becomes aware thereof but SeatsPlanet.com does not actively monitor the Website for such information.
Drivers and Passengers accept in advance that ratings and feedback related to them may be published on the Website. They also accept that their level of experience will be calculated and published in accordance with the criteria stipulated by SeatsPlanet.com.
SeatsPlanet.com also reminds Users that the Website may not be used for any commercial or professional purpose.
3. Security measures
3.1 Users should be careful when providing information via the Website or directly to Users. You will not know the identity of those you deal with through the Website. SeatsPlanet.com does not take steps and is not responsible to verify the identity of any Users. Users should not provide any financial information directly to other Users.
3.2 When Users have agreed to a Car Share SeatsPlanet recommends that Users choose a populated public area for their location of departure. SeatsPlanet recommends that Users take a mobile phone.
3.3 Users should always check the identity of the other Users with whom they are sharing the vehicle before starting the Car Share ride.
3.4 Users should consider whether it is appropriate to let a friend or relative know about the Car Share ride including details of the departure location, the destination and the vehicle. Users may wish to text a friend or relative the name and/or photograph of the other Users with whom they are sharing the vehicle and the license plate of the vehicle. Users should inform the other Users if they are planning to do this and whether they plan to 'check-in' via any social network with a friend or relative.
3.5 Users will not object or be offended by any other User taking reasonable steps for their own security and safety including those outlined above.
3.6 Users should report any abuse or harassment to SeatsPlanet immediately by contacting us on firstname.lastname@example.org. If you are not sure whether you should report the abuse then please do so.
The Passenger agrees to contribute to the Costs in accordance with the amount agreed with the Driver as set up in the Terms and Conditions of the Service. The Driver agrees that the Costs reflects a genuine contribution towards the Driver's costs and that the Driver is not making a profit from any transaction with other Users.
5. Times and places
5.1 All Users agree to comply with the times and places fixed for departure location. The Driver and the Passenger must turn up at the place and time agreed for the departure location.
5.2 The Driver must await the Passenger(s), and the Passenger must await the Driver at the Departure Location for a minimum of 2 minutes after the agreed time. After a period of 2 minutes after the scheduled departure time, the User (either Passenger or Driver) who fails to attend is responsible for a cancellation and the cancellation policy applies (please see the Terms and Conditions of the Service).
6.1 The Driver agrees that they and the vehicle will at all times comply in full with the Highway Code and any other applicable rules and legislation relating to their driving and the vehicle including speed limits and loading restrictions.
6.2 All Users agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during the Car Share ride.
6.3 Every Driver undertakes not to take any risks while driving and not to consume any alcohol, drugs or any kind of substance which may alter their ability to drive safely and with due care and attention. Passengers should also refrain from consuming alcohol during the Car Share ride.
The Passenger shall not obstruct the Driver's driving in any way at any point of time.
7. User Disputes
The Users will be solely responsible for their actions and interactions with other Users, before, during and after the Car Share ride.
At no time shall SeatsPlanet be held liable for, involved in resolution of, or asked for compensation with regard to, any kind of dispute between any two or more Users.
8. Conditions of the Car Share ride
Every User undertakes that they will be clean and tidy at departure location and during a Ride so as not to offend or inconvenience any other Users.
Users must agree with each other to the conditions of the carpooling ride prior to the ride. These conditions will form part of the agreement between Users: the Costs, the departure time, location, the permitted amount of luggage, the number of people travelling, whether there will be music in the car (and how it will be selected), as well as destination.
- visitors to the website www.seatsplanet.com (hereinafter, the "Website");
- any individual who is authorized to use the Service (hereinafter, the "User" or "You") described into the Terms and Conditions of the Service
We take privacy of the Users with utmost importance and We respect the concerns regarding the same. We want to assure You that Your information and data is safe with Us. We employ highest standard of physical and electronic measures to protect the safety, security and secrecy of your personal information. We DO NOT sell Your information to anyone whatsoever. We ensure complete secrecy and privacy of your data entrusted to us. We enter into confidential and processing data agreements with employees and suppliers among others to protect the confidentiality of Your information.
1. The information we collect about you
In order to be able to use the Service, User must create an account by registering on the Website. By creating an account, We collect the following personal information from the User.
- name and surname;
- postal address, email address, telephone number, date of birth, credit card number and expiry date and bank account and
- license plate.
2. How we will use the information about you
We gather this information to allow Us to process your registration, process any orders You may make and provide the Service requested.
The relevant information is then used by Us and sub-contractors to provide the Service, to communicate with You on any matter relating to the conduct of your account and to contact You about other services We think may be of interest to you.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help Us to develop the Website and the Services. We may also provide such aggregate information to third parties. These statistics will not include information that can be used to identify You.
From time to time We may provide your information to customer service agencies for research and analysis purposes so that We can monitor and improve the Service We provide. We or our agents and sub-contractors may contact you by post, email or telephone (as required) to ask You for your feedback and comments on the Service.
SeatsPlanet will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party, as required by law.
We may also wish to provide You with information about special features of the Website or any other service or products We think may be of interest to You. If You would rather not receive this information, please send a blank email message to email@example.com. If You agree to Us providing You with this type of information, You can always opt out at a later date.
We may also want to provide You with related information from third parties we think may be of interest to You. If you would rather not receive this information, please send an email to firstname.lastname@example.org. If You agree to us providing you with third party marketing information, You can always opt out at a later date.
We may also provide your information to carefully selected third parties whose products or services We believe may be of interest to You. If You do not wish us to disclose your information in this way, please send an email to email@example.com.
4. How we protect your information
We take all necessary technical and organizational steps to guarantee the security of your personal information and prevent their alteration, loss, processing or unauthorized access.
We have put in place the following security procedures and technical and organizational measures to safeguard your personal information: (provide details of security measures in relation to the personal data processed, e.g. firewalls, browser certification technology, encryption, limited access, use of passwords etc as appropriate...) The methods of protection should include (a) physical measures, for example, locked filing cabinets and restricted access to offices; (b) organizational measures, for example, security clearances and limiting access on a "need-to-know" basis; and (c) technological measures, for example, the use of passwords and encryption.)
We will use all reasonable efforts to safeguard your personal information. However, You should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from You or to You via the Internet.
5. Hosting service
Data is secured on an amazon server and a security certificate allows the authentication of a physical and moral person but also to encrypt exchanges.
6. Access to your information and updating and correcting your information
You may exercise their rights of access, request correction, erasure and objection or revoke your consent for receipt of such commercial communications by sending an e-mail to firstname.lastname@example.org
We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to SeatsPlanet.com changes, for example if You change your email address, name, license plate or payment details, or if You wish to cancel your registration, please let us know the correct details by sending an email to email@example.com. You may ask Us, or We may ask You, to correct information You or we think is inaccurate, and You may also ask us to remove information which is inaccurate.
7. Sale of business
If SeatsPlanet's business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
8. Your consent
10. How to contact SeatsPlanet
11. Links to other websites
What is a cookie?
A cookie is a text file containing an identifier (a string of letters and numbers) which is downloaded to your device when you visit a website. They are sent by a web server to a web browser and are stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Why are cookies useful?
Cookies are useful because they allow a website to recognize a user's device, enabling the web server to identify and track the web browser. You can find more information about cookies at: www.allaboutcookies.org
Types of Cookies
We may use both "session" cookies and "persistent" cookies on the Website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
We may use session cookies to keep track of you whilst you navigate the website and to prevent fraud and increase website security. We may use the persistent cookies to enable our website to recognize you when you visit and to keep track of your preferences in relation to your use of the Website.
On some pages of our Website, other organisations may also set their own anonymous cookies. They do this to track the success of their application, or to customize the application for you. Our website cannot access these cookies, nor can the other organization access the data in cookies we use on our Website.
The third party analytics companies who collect information on our Website and/or Services and other online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
Opting Out of Cookies
You can set your browser to notify you when you receive a cookie, enabling you to decide whether or not to accept it. You may also change your cookie settings through preference options in our Sites and/or Services, where applicable. We will indicate that upon selecting your preferences, that we will use a cookie to remember your preferences.
You may also opt out of Google Analytics by visiting the Google Analytics opt-out page.