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These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereafter you) and Banjara AS with organization number 914 152 283 and registered address in Torridalsveien 21A, 4630 Kristiansand (hereafter “PenguinUp”,”App”, “we”, “us” or “our”),  concerning your access to and use of the PenguinUp App (https://app.penguinup.com) which is an online platform where Drivers and Passengers can post their rides and get matched to share a ride in a private vehicle or a taxi for a strictly non-commercial purpose by only splitting the cost of the ride or the taxi fare.

You agree that by accessing the App, you have read, understood and agree to be bound by all of these Terms and Conditions and the Privacy Policy.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.

Common terms

  • A “User” is anyone who registers an account on the App.
  • A “Driver” is a person offering vacant seats in their vehicle to share with other Passengers.
  • A “Passenger” is a person requesting seats in a Driver’s vehicle or a licensed Taxi.
  • A “Co-traveller” is a person you are travelling with together in a Carpool or Taxishare.
  • A “Host” is a person responsible for booking the taxi in a Taxishare.
  • A “Guest” is a person sharing a ride in a Taxishare.
  • An “Account” is created by a User to access the App.
  • A “Ride” is an offer or request containing start location and destination, date and time, your role, seats required or offered.
  • A “Match” happens when minimum 2 people have similar route and share the ride.
  • A “Carpool” is sharing seats in a private vehicle.
  • A “Taxishare” is sharing seats in a Licensed Taxi
  • A “Contribution” refers to a percentage that a user must pay another user for the ride based on the distance they travel.
  • A “Payment” refers to the total amount of money that needs to be paid by a Passenger to a Driver in a Carpool. This is based on the distance they travel.

Your Account

To use the App, you need to create an account on PenguinUp.

    1. Verify your mobile number and have access to it while sharing rides with others.
    2. Create an account using either manual email registration or Register with Facebook where we will access your information on Facebook (name, profile picture) and publish the same on the App on your user profile. Make sure to use your correct email address.
    3. Provide your legal First name and Last name
    4. Provide your gender
    5. By registering an account you represent and warrant that:
      1. All registration information you submit will be true, accurate, current, and complete and relate to you not a third party;
      2. You will keep your password confidential and will be the Sole owner of your account;
      3. You agree that all the bookings, communication and rides undertaken are made by you and never by a third party or on behalf of a third party.
      4. You are at least 18 years or older.
    6. Your mobile number and first name will be shared with people you are matched with in a private sms. This is done to help you coordinate location, timing etc. with your co-travellers. By using the App, you agree to allow us to share your mobile number with other users you are matched with.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account.

Your responsibilities

    1. You are responsible for creating your own rides. You understand that other users of the App will be able to view your offered or requested rides in the “Offers” section along with your user profile page which includes your profile picture.
    2. If you are matched in a Carpool or Taxishare, you are responsible for coordinating with your co-travellers to ensure the ridesharing occurs.
    3. By offering a ride as a Driver you confirm that you have a valid Class B driving license and a vehicle that has passed any required tests and has a valid insurance.
    4. As a Driver, your responsibilities include not being under the influence while driving and not violating any applicable laws or regulations.
    5. You are responsible for everything that happens before, during or after the journey. For example, If you are late in reaching your destination or get stuck in bad weather, the App is not responsible for any of the circumstances caused as a result of sharing the ride.

Conduct

    1. As users of the App, you will not discriminate, humiliate, threaten or indulge in any form of abuse with other users.
    2. If you face any misconduct in your journey, use the rating form to post a complaint about the concerned co-traveller.

Usage

    1. The App is strictly limited to matching Drivers and Passengers to Carpool in a private vehicle or Passengers to share a licensed taxi. The App is not meant to be used to offer or accept rides for profit or any commercial activity.
    2. Drivers may not profit from the Ride. The cost for the ride is split between the Driver and the Passengers. It constitutes of the cost for fuel and toll. We suggest the contribution of individual users based on the distance they travel.
    3. Users must book a taxi themselves once they are matched in a taxishare ride. The Host is responsible for booking the taxi while the Guests need to ensure the host books the taxi.
    4. The last traveller in a taxishare must pay the entire taxi-fare. The other travellers must reimburse the last traveller their share of the ride. PenguinUp calculates every user’s contribution (%)  based on the distance they travel. Users must calculate the exact amount based on their percent contribution and the entire taxi-fare and pay the same to the traveller who paid the Taxi driver. The user who pays for the taxi can also request money from co-travellers using VIPPS since the mobile numbers are exchanged between all travellers.
    5. PenguinUp doesn’t provide transport services. The App is a communications platform for users to be matched with each other. We don’t have any control over taxi prices or payments to one another.

Payment

    1. Users can pay each other using VIPPS, bank transfer or cash
    2. PenguinUp is free for usage until 31st July 2019 and no payment needs to be made to us. However, you do need to pay to the transport provider – Driver or Taxi

Cancellations, no-shows and disputes

    1. Users are requested to only create rides that they are capable of undertaking. Once matched, you cannot delete the ride and are expected to show up to fulfil your role as a Driver or Passenger.
    2. Cancellations of matched rides are not encouraged, however we do understand situations where users may have to cancel a matched ride. If you need to do so, do inform your co-travellers.
    3. You are allowed to cancel a ride as a Driver or Passenger once in six months.
    4. If we receive multiple complaints from your co-travellers about Ride cancellations or no shows then we will investigate the matter and also reserve the right to suspend your account.

About these terms and conditions

    1. PenguinUp owns the right to change these Terms and Conditions at any time without prior notice.
    2. If the Terms are changed, you will be notified in an email or via the App to read and review the changes.
    3. If the changes are not acceptable to you, then you can choose to stop using the App.