These General Conditions of Use apply to all services provided by MyShareCar (defined herein below). MyShareCar owns and operates the Site (defined herein below) in India.
“MyShareCar” shall mean M/S Life Solutions, a Firm incorporated under the Indian Partnership Act, 1932 with Identity Number B-14512 and having its registered office at House no-745, Shahabad, Diwankhan,Bareilly – 243003, UP, India, who owns, operates and maintains the Site and Application, providing web and mobile based digital platform for enabling peer to peer ride sharing, on mutual consent between a Car Owner (Wv) and a Co-Traveler (Wo) ;
“Car Sharing” means the sharing of a Vehicle for a Trip by a Car Owner (WV) carrying a Co-Traveller(WO) for that Trip in exchange for a Cost Contribution;
“Cost Contribution” means the amount agreed between the Car Owner (WV) and the Co-Traveler (WO) in relation to the Trip which is payable by the Co-Traveler as their contribution towards the costs of the Trip.
“Without Vehicle (WO)” or “Co-Traveller” or “Passenger” means a Member who has accepted an offer to be transported by a Car Owner (WV) and includes all other persons who accompany such Member in the Vehicle for the Trip.
“With Vehicle” or “Car Owner” or “Driver” means a Member who through the Site or Application offers to share a car journey with a Co-Traveller (WO) in exchange for the Cost Contribution.
“Member” refers to a registered user of the Site.
“Service” refers to any service provided by MyShareCar through the Site or Application to any Member.
“Site” means www.mysharecar.in.
“Application” shall mean such mobile applications which are owned, maintained and operated by MyShareCar and all screenshots, pages appearing, appended, available along with such mobile applications;
“Site and Application” shall mean both the platform or wherever site has come considered for both the platform i.e. site and mobile application.
“Trip” means a given journey in relation to which a Car Owner (WV) and a Co-Traveler(WO) have agreed upon a transaction through the Site and Application .
“User Account” means an account with the Site opened by a Member and used in order to access the Service provided by MyShareCar through the Site.
“Vehicle” means the vehicle offered by a Car Owner (WV) for Car Sharing.
“Query” means whenever you post any post either as WV or WO will call as Query.
The Conditions apply to any and all use of the Site and Application by a Member. By using the Site and Application, the Members signify their acceptance to these Conditions in full and agree to be bound by them .
No access to the Services will be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member may not use the Services.
In the event that any Member fails to comply with any of the Conditions, MyShareCar reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.
These Conditions are intended to create binding rights and obligations between Members and MyShareCar in accordance with the Indian Contract Act, 1872.
3.1. Conditions of registration on the Platform : The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account :
To create your Account, you can:
complete all mandatory fields on the registration form:
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying BlaBlaCar, in order to guarantee its relevance and accuracy throughout your contractual relations with MyShareCar.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform MyShareCar immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified MyShareCar of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
MyShareCar may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. MyShareCar cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4.1. Posting Query : As Member, and providing you fulfil the conditions below, you can create and post Query on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, etc.).
When posting your Query, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Trip constitute “Legs”.
You Can post Local Via while posting your query ,so that Co-Traveler can choose the nearest vehicle easly.
You are only authorised to post a Query if you fulfil all the following conditions:
(i) you hold a valid driving licence;
(ii) you only offer Query for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling;
(iii) you are and remain the main driver of the vehicle subject of the Query;
(iv) the vehicle has valid third party insurance;
(v) you have no contraindication or medical incapacity for driving;
(vi) the vehicle you intend to use with 4 wheels and a maximum of 7 seats;
(vii) you do not intend posting another Query for the same Trip on the Platform;
(viii) you do not offer more Seats than the number available in your vehicle;
(ix) all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
(x) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate.
You recognise that you are solely responsible for the content of the Query you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Query, and you undertake to fulfil the Trip under the conditions described in your Query.
Providing your Query complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of MyShareCar’s partners. MyShareCar reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Query that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognise and accept that the criteria taken into account in the classification and the order of display of your Query among the other Queries are at the sole discretion of MyShareCar.
4.2. Booking a Seat
The methods of booking of a Seat depend on the nature of the Trip envisaged. For some Trips, MyShareCar has set up an online booking system.
4.2.1. Trip with Booking
MyShareCar has set up a system for booking Seats online ,Through Mobile Application (“Booking”) for some Trips offered on the Platform (“Trips with Booking”).
Eligibility of a Trip for the Booking system remains at the sole discretion of MyShareCar, which reserves the right to modify these conditions at any time.
When a Passenger is interested in an Query benefiting from Booking, he may make an online Booking request. This Booking request is accepted manually by the Driver (WV). At the time of the Booking, the Passenger makes online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by MyShareCar and validation of the Booking request by the Driver(WV), where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).
No Manual Cash Transaction is accepted, if someone will find doing so his or her account will get terminated permanently.
MyShareCar Community is total Cash Less Community.
At the time of the Booking Confirmation, MyShareCar will send you the telephone number of the Driver (WV)(if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member.
Any use of the Services, in the capacity of Passenger(WO) or Driver(WV), relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to MyShareCar and the other Members participating in the Trip.
However, MyShareCar allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver (in the context of a Trip without Booking), the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone. In the case where you are reserving a seat for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
In addition, the Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
Furthermore, it is prohibited to publish an Query for a Driver other than you.
MyShareCar encourages you to leave a review (Via SMS or Mail @ Contact@mysharecar.in about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposes to travel.
You recognise and accept that MyShareCar reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
MyShareCar reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
Access to and registration on the Platform, as well as searching, viewing and posting Queries, are free of charge. However, the Booking is charged under the conditions described below.
5.1. Cost Contribution
The Cost Contribution is determined by MyShareCar. System will calculate the fare automatically along with Service fees i.e. Total distance as per Google multiply by Rs 1.75/km where Rs 0.25/Km is Service Fees.
5.2. Service Fees
In the context of Trips with Booking, BlaBlaCar, in exchange for use of the Platform, at the time of Booking, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the distance.
The Service Fees are collected by MyShareCar for each Seat subject of a Booking by a Passenger.
You recognise and accept that MyShareCar may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.4.1. Collection mandate
In using the Platform as Driver(WV) for Trips with Booking, you confer on MyShareCar a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of a Trip with Booking, and after manual or automatic acceptance of the Booking, MyShareCar shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).
The Cost Contributions received by MyShareCar are deposited in an account dedicated to payment of the Drivers(WV).
You recognise and accept that none of the sums received by MyShareCar in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of MyShareCar, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, MyShareCar may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
5.4.2. Payment of the Cost Contribution to the Driver(WV)
After the Trip, the Passengers(WO) shall have a period of seven 12 Hours in which to expressly confirm to MyShareCar that the Trip has been completed. In the absence of confirmation or challenge on their part within this period, MyShareCar shall consider the Trip confirmed.
From the time of this express or tacit confirmation, you shall have, as Driver(WV), a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger(WO) at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger(WO).
When the Trip is confirmed by the Passenger, you have the option, as a Driver(WV), of giving instructions to MyShareCar to pay the money to your bank account (by entering your bank details in advance in your Account) or it will be transferred in your registered bank account automatically within 24 hours after completion of the Trip.
The payment order in your name will be sent on the first working day after your request or, if you do not so request, the first working day after the provision of the sums in question to your profile (providing MyShareCar has your bank information).
At the end of the applicable time limitation periods, any sum not claimed from MyShareCar shall be deemed to belong to MyShareCar.
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver(WV), you agree not to request a Cost Contribution higher than the costs decided by MyShareCar and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver(WV) your own part of the costs induced by the Trip. MyShareCar are responsible for calculating the costs incur for the Trip (Including Cost Contribution and Service Fees) as per current fare charges per KM.
MyShareCar reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to MyShareCar, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
MyShraeCar also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, you take passenger from MyShareCar and ensure them not to pay online instead they can pay offline during the Trip,owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to MyShareCar that you are generating a profit on the Platform.
7.1. Terms of repayment in the case of cancellation
Only Trips with Booking are the subject of this cancellation policy; MyShareCar does not offer any guarantee, of any nature, in the case of cancellation for any reason, by a Passenger(WO) or a Driver(WV), of a Trip without Booking.
The cancellation of a Seat on a Trip with Booking by the Driver(WV) or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
- In the case of cancellation owing to the Driver(WV), the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Driver(WV) cancels a Trip or has not arrived at the meeting point Max 15 minutes after the agreed time. If at any point of time MyShareCar observe that the Driver (WV) is cancelling his Trip very Frequently in that condition MyShareCar can suspend his services.
– In the case of cancellation owing to the Passenger(WO):
• If the Passenger(WO) cancels more than 12 hours before the planned departure time as mentioned in the Query, the Passenger shall only be refunded the Cost Contribution within 24 Hours to their ShareCar Wallet. The Service Fees are retained by MyShareCar and the Driver does not receive any sum of any nature;
• If the Passenger cancels 12 hours or less before the planned departure time as mentioned in the Query, the Passenger shall be refunded half the Cost Contribution paid at the time of Booking, the Service Fees are retained by MyShareCar, and the Driver(WV) receives 50% of the Cost Contribution within 24 Hours in their ShareCar Wallet;
• If Passenger (WO) does not reached on meeting point max by 15 minutes as per given time then driver (WV) is allowed to move to the Trip ,in this condition passenger Considered as Travelled and whole amount of Cost Contribution will be paid to Driver (WV).
• When cancellation occurs before departure and owing to the Passenger(WO), the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs. MyShareCar appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
Note : All refund from MyShareCar will first Credit to their ShareCar Wallet if any of the party ( WV or WO) want to withdraw this amount to their Registered Bank Account then they have to raise a request from application and within 24 Hours the amount will be transferred to respected bank accounts.
8.1. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
(i) not to use the Platform for , commercial or profit-making purposes;
(ii) not to send MyShareCar (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
(iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of MyShareCar or a third party or contrary to good morals;
(iv) not to infringe the rights and image of MyShareCar, notably its intellectual property rights;
(v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
(vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
(vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the carpooling;
(viii) not to accept or make payment outside of the Platform, save in the cases authorised by these T&Cs in the case of Trips without Booking;
Furthermore, when you use the Platform as Driver(WV), you undertake:
(i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Trip and to be in possession of a valid driving licence;
(ii) to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Trip, even if cross-border;
(iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
(iv) to post Query corresponding only to Trips actually planned;
(v) to make the Trip as described in the Query (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
(vi) not to take more Passengers than the number of Seats indicated in the Query;
(vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date certificates;
(viii) to communicate to MyShareCar or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
(ix) in the case of holdup or change to the time or the Trip, to inform your Passengers without delay;
(x) in the case of a cross-border Trip, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
(xi) to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
(xii) not to post an Query relative to a vehicle you do not own or that you are not authorised to use for the purposes of carpooling;
(xiii) to ensure you can be contacted by your Passengers(WO) by phone on the number registered on your profile;
(xiv) not to request the validation code before dropping off the Passenger(WO) in question;
(xv) not to generate any profit via the Platform;
(xvi) not to have any contraindication or medical incapacity for driving;
(xvii) to behave appropriately and responsibly during the Trip, and in compliance with the spirit of carpooling;
(xviii) not to decline any Booking based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
When you use the Platform as Passenger(WO), you undertake:
(i) to adopt appropriate behaviour during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
(ii) to respect the Driver’s vehicle and its cleanliness;
(iii) in the case of holdup, to inform the Driver without delay;
(iv) in the case of Trips without Booking, to pay the Driver the agreed Cost Contribution;
(v) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
(vi) to communicate to MyShareCar, or any Driver(WV) who so asks, your identity card or any document evidencing your identity;
(vii) not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver(WV), or the nature, possession or carriage of which is contrary to the legal provisions in force;
(viii) in the case of a cross-border Trip, to hold and keep available to the Driver(WV) and any authority that may so request any document evidencing your identity and your right to cross the border;
(ix) to ensure you can be contacted by your Passengers by phone on the number registered on your profile, including at the meeting point.
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance, you guarantee respect by this third party and generally these T&Cs. MyShareCar reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
You can terminate your contractual relations with MyShareCar at any time, without cost and without reason. To do this, simply go to the “Customer Care no” ask them to delete your account.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if MyShareCar has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, MyShareCar reserves the right to:
(i) terminate the T&Cs binding you with MyShareCar immediately and without notice; and/or
(ii) prevent the posting of or remove any review, Query, message, content, Booking request, or any content posted by you on the Platform; and/or
(iii) limit your access and your use of the Platform; and/or
(iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to MyShareCar. MyShareCar will decide, at its sole discretion, whether or not to lift the measures put in place.
11.1. Content published by MyShareCar
Subject to the contents provided by its Members, MyShareCar is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
MyShareCar grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of MyShareCar. Notably, you are prohibited from:
(i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by MyShareCar;
(ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
(iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant MyShareCar a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable MyShareCar to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise MyShareCar, for the whole world and throughout the duration of your contractual relations with MyShareCar, to reproduce, represent, adapt and translate your Member Content as follows:
(i) you authorise MyShareCar to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
(ii) you authorise MyShareCar to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
The Platform constitutes an online networking platform on which the Members can create and post Query for Trips for the purposes of carpooling. These Queries can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Query on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that MyShareCar is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
MyShareCar has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Queries, and it does not offer any Trips on the Platform.
You recognise and accept that MyshareCar does not control the validity, truthfulness or legality of the Queries, Seats and Trips offered. In its capacity of carpooling intermediary, MyShareCar does not provide any transport service and does not act in the capacity of carrier; the role of MyShareCar is limited to facilitating access to the Platform.
The Members (Wv or Wo) act under their sole and full responsibility.
In its capacity of intermediary, MyShareCar cannot be held liable for the effective occurrence of a Trip, and notably owing to:
(i) erroneous information communicated by the Driver(WV) in his Query, or by any other means, with regard to the Trip and its terms;
(ii) cancellation or modification of a Trip by a Member;
(iii) non-payment of the Cost Contribution by a Passenger in the context of a Trip without Booking;
(iv) the behaviour of its Members during, before or after the Trip.
MyShareCar shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, MyShareCar reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
These T&Cs and the documents integrated by reference express the entire agreement between you and MyShareCar relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
MyShareCar may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by MyShareCar before it takes effect.
15.1 Members may access the Services on the Site and Application at their own risk and using their best and prudent judgment before entering into any arrangements with other Members through the Site. MyShareCar will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. MyShareCar hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site.
15.2 MyShareCar expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Trip and Cost Contribution) on the Site and Application. While MyShareCar will take precautions to avoid inaccuracies in content of the Site and Application, all content and information, are provided on an as is where is basis, without warranty of any kind. MyShareCar does not implicitly or explicitly support or endorse any of the Members availing Services from the Site.
15.3 MyShareCar is not a party to any agreement between a Car Owner (WV) and Co-Traveler(WO) and will not be liable to either the Car Owner or the Co-Traveler unless the loss or damage incurred arises due to MyShareCar’s negligence.
15.4 MyShareCar shall not be liable for any loss or damage arising as a result of:
A false, misleading, inaccurate or incomplete information being provided by a Member;
The cancellation of a Trip by a Car Owner or Co-Traveler;
Any failure to make payment of a Cost Contribution;
Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-Traveler before, during or after a Trip.
MyShareCar will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by MyShareCar (whether suffered or incurred as a result of the BlaBlaCar’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.
MyShareCar’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).
MyShareCar will not be liable to any Member in relation to any Trip unless MyShareCar is notified of a claim relating to that Trip within 1 months of completion of the Trip
Given that Car Owners are required to hold valid insurance to cover a Trip and given that MyShareCar’s service is limited to putting Car Owners and Co-Travelers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the MyShareCar’s liability set out above are reasonable.
16.1 Members will indemnify and hold harmless MyShareCar, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
4.2 Members release MyShareCar and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Bareilly (UP).
The Community of MyShareCar has found with a WhatsApp group which was created by the founder for Pharma Sales professionals or Sales professionals. Read more
Please contact us on below mail id.
Email us - email@example.com
Mobile - 906-8888-706