1. Terms of Service
Website hosting is provided by the company OVH
: refers to every service given to a user via the website, recognizing that MyEcoCar is not attached to a contract of carriage.
: refers to the account which is necessary to create to become a user and access the services offered by the Website.
: refers to the website MyEcoCar and, generally, to every website managed or co-managed by MyEcoCar.
:refers to the natural person who offers to carry another natural person via the website, against payment which amount is pre-established, and for a route and a schedule set by the person who is the Driver
: refers to the natural person who accepted the proposal of a Driver.
: refers to every Passenger or Driver who agreed to the GTU of MyEcoCar.
:refers to the act of service accepted and executed by the Driver who is committed by this to carry the passenger in exchange of a pre-established amount of money, according to a defined road and schedule. .
: refers to the amount of money that the driver request to the Passenger and which is accepted as the Contribution towards the travelling costs implied by the Trip. This Contribution is tied up by the sharing of the Trip costs and no profit can be made by the driver. Otherwise, the Driver can expect this benefit unauthorized by MyEcoCar to be reclassified, especially by being considered as a professional and the Driver will be alone assuming the risks of this reclassification.
Agreeing to these GTU necessarily implies those from the good behavior chart and those from the article concerning the processing of personal users data. If any breach of obligations provided by these documents is noted, MyEcoCar would have the rights to erase the User account concerned. MyEcoCar can also modify at every time the GTU, functionalities proposed by the website and operating rules of the Service.
Each modification immediately takes place when the GTU, that the user recognized as consulted, comes online.
In case that the modification takes place after a payment by the Passenger of an amount of money corresponding to a Contribution, this modification is not applicable to the transaction.
2.Use of the website
To benefit from the online services proposed by MyEcoCar, it is necessary that each user gets first registered and that he created for this an User account through which he delivers personal data concerning himself, including first name, last name, age, nationality, civility, a phone number and a valid email address. This data is required to optimize the linking of people. During the registration, it is necessary that the new user certifies being over 18 years old.
If it is found that a User communicates false or fraudulent information, MyEcoCar cannot be held responsible. Furthermore, the User can?t create or use other accounts that the one he initially created, neither under his identity or a third party.
2.1.Use of the Service
. By subscribing to the Website, the new user commits to use the service MyEcoCar only for linking, not professionally and not commercially, with people seeking to share a trip.
If it found that a professional or commercial use of the website services is made, MyEcoCar cannot being held as a responsible.
.Every activity achieved on the Website that would conduce to a situation of pecuniary gain for the Driver, according to the nature of Trips proposed, of the frequency or of the number of Passengers carried, can be considered as commercial practice. The Contribution requested to the passengers by the Driver must stay a contribution towards the trip costs and can?t lead to a benefit for the Driver. This one is committed to calculate the fees implied by the proposed Trip (including oil, toll, repairing fees, technical inspection, maintenance, depreciation and vehicle insurance, and so make sure no benefit will be made by the amount requested.
The activity of MyEcoCar strictly limited to link people offering a carpooling trip between individuals for a non-commercial purpose, Drivers can?t be considered as exercising a transport activity. MyEcoCar doesn?t interfere in the Trips, roads of schedules, the website MyEcoCar only is a platform. The Driver doesn?t have to assure engagements of a transporter. As a consequence, the Passenger cannot expect this type of performance.
2.3. The reservation
To reduce the risk of last minute cancellation on the part of users and to increase the security of capital , MyEcoCar offers to all its users a booking service confirmed by sending an SMS .. However, including if any of these risks occurs , the responsibility MyEcoCar will in no case be engaged .
2.4.Booking and confirmation
When the driver offers a trip on the website it says the departure time and arrival time, date and times , as well as the different modalities . The reservation by the Passenger from one or more places from the Site can be made only if it creates an account on the site. The reservation is confirmed by an SMS . The driver and passenger are then incurred. An email is also sent to the passenger and the driver through which they are informed of the confirmation of booking. All reservations are registered , it is necessary that the driver and passenger both correspond to the previously communicated to MyEcoCar identity. If canceled the driver and passenger can therefore both consider that it is not attributable to MyEcoCar .
2.5. Driver of payment at the end of the road trip
The cost to the passenger contribution is exclusively through a direct payment to the driver.
In case of payment problem ( especially in case of non-payment by the passenger ) MyEcoCar is in no way responsible or guarantor ito egard of the passenger
The driver was present at the time and place agreed ; alternatively, or in case of cancellation without having informed the passengers having reserved MyEcoCar reserves the right to keep information related to this cancellation database profile and / or publish this information on its online profile and / or suspend access to the Site of the driver .
If after booking one or more passengers , the driver decides to change any condition of the trip with reservation as initially planned, the Driver agrees to immediately contact the passengers who booked his trip to get to they agree to this amendment of that trip . In case of refusal of the change by a passenger , the latter is entitled to proceed with the complete cancellation of the booking.
2.6. Required Documents
The Driver must possess an insurance policy in accordance with current legislation and check the validity of this insurance before any trips. It is also imperative that he possesses a driving license in force. For information only, insurers generally accept that a passenger who participates to pay road fees to be considered as being transported free of charge, that he is third in vehicle and therefore the minimum third party insurance, in general Europe covers.
Each Passenger and Driver must verify that this is the case of the insurance of the Driver. If the Driver uses a company car, he must particularly verify that the transport of passengers is permitted by his insurance and that it covers any person carried and possible consequences of an incident that may occur during a trip.
The Passenger and the Driver are informed of the fact that insurance companies can refuse a cover for damages occurring during a Trip for which the Driver would have realized a benefit or would have been in a situation which could be assimilated to a professional activity. In this case, he would be alone assuming the financial consequences linked to an absence of support from the insurance company, and the responsibility of MyEcoCar can?t be committed. MyEcoCar reserves the right to proceed to an immediate suspension the User account and of linked amounts, and to inform qualified authorities of every professional activity.
2.7. Gestion des litiges
Un service de règlement des litiges est mis par MyEcoCar à la disposition de ses Utilisateurs. Il est possible de nous joindre sur email@example.com. Pour cela l'Utilisateur doit préciser sa qualité Passager ou Conducteur, le motif de sa demande ainsi que le numéro de son trajet ou de sa réservation envoyés dans les emails de confirmation de réservation. Ce service a notamment pour but de régler les contestations liées aux trajets effectués.. Le service de règlement des litiges intervient de trouver un accord amiable aux litiges qui opposent le(s) passager(s) ou les conducteur(s).
2.8. Number certification
In order to enhance the high level of confidence and to avoid obsolete numbers, each User must certify his mobile telephone number. This way, the User receives a text message which contains a 4 numbers code he must fulfill the appropriate field with during first registration.
As the carpooling results exclusively from the agreement made between the Driver and a Passenger, it appears that Users act under their full and unique responsibility. As a consequence and as MyEcoCar is an intermediate, effective progress or the Trip proposed by the Driver and accepted by the Passenger can?t lead to responsibilities that could be imputed to MyEcoCar, whatever the reason.
It is so impossible to engage the responsibility of MyEcoCar?s after a disaster which would have occurred because of:
The Driver gave false information concerning the Trip and modalities.
The Driver or the Passenger cancelled the Trip.
The Driver or the Passenger did a fraudulent action, before, after or during the Trip.
In particular, no responsibility can be recognized against MyEcoCar if the Passenger uses in a fraudulent way a payment instrument. In this case, MyEcoCar doesn?t insure any guaranty of payment to the Driver.
MyEcoCar endeavors to ensure the opening of the website and service round the clock , 7 days a 7. If it proves that access to the Site or service is interrupted due to maintenance to put in hardware or software upgrade , emergency repairs of the site, or due to circumstances beyond the control of MyEcoCar . , the latter undertakes to ensure to minimize the interference by all adequate measures.
All Users acknowledge and agree that MyEcoCar does not assume any responsibility towards them for the unavailability, suspension or discontinuance of the Website or service. MyEcoCar cannot be held liable for any damage resulting from this, whether direct or indirect, and whatever the nature.
In all cases, and without prejudice to what has been stated above and in any other clause related to the lack of responsibility of MyEcoCar, any cause of liability that could be adopted against MyEcoCar can only lead to compensation for damages whose amount will be limited to the amounts received under the Service fee or Cancellation fee. The price set by the driver for their carpool ads is their own responsibility.
4.Interruption and suspension of access to the Website
. In case of noncompliance on its end regarding all or part of the GTU, or for any other objective reason, the User acknowledges and accepts that MyEcoCar may proceed without prior notice and at any time, temporarily or permanently, to the interruption or suspension of all or part of the Service or the access to the Website, including access to his User Account..
5.Processing of personal data of the Website's users
In accordance with Laws No. 78-17 of January 6, 1978 amended by Act No. 2004-801 of August 6, 2004 relating to data processing, files and liberties, MyEcoCar conducted on April 9, 2014 with the National Commission on Informatics and Liberties (CNIL) to the prior declaration that it operates on the treatment of personal data regarding the User, in accordance to the simplified standard No. 48 (CNIL deliberation No. 2005-112 of June 7 2005 establishing a simplified standard for automated processing of personal data relating to the management of the files of customers and prospects - OJ No 149 of 28 June 2005 ). Declaration number 1826966v0.
The processing of the User's data is the responsibility of MyEcoCar. In accordance with the provisions of the simplified standard No. 48, only employees and MyEcoCar service providers that ensure the operation of the website, or those who provide the proposed service have access to the User's personal data. An exact answer from the user is required concerning the data presented as mandatory in the application form for becoming a user of the Website and service. In case of a missing response or a response considered abnormal by MyEcoCar, it may issue a refusal to take into account the user?s registration request to MyEcoCar service. The data collected by MyEcoCar as part of the services provided on the Website are processed in accordance with the provisions of the standard simplified No. 48 and the Data Protection Act of August 6, 2004.
5.2.Transmission of personal data to third parties
In accordance with the simplified standard No. 48, MyEcoCar reserves the right to pass on all or part of the personal data of users in strict compliance with the standard simplified No. 48 and the Data Protection Act of August 6, 2004. Any use of personal data other than that specified above will be done after individual and explicit consent from the users.
According to the law 78-17 of January 6, 1978, MyEcoCar must seek the agreement of Users for any transmission of their data to business partners for purposes of direct marketing, by means of a check box.
5.3.Right of access, correction and objection
The User has the right to access and correct personal data concerning him in accordance with Law No. 78-17 of January 6, 1978, by contacting the responsible of the Website then filling out and sending the contact form except with regard to personal data provided to MyEcoCar when the user completed the online application form, data that belongs to the User alone to modify and update, as stipulated in the article VII.4 "Updating of personal data".
According to the law 78-17 of January 6, 1978, any User has the right to object without fee and free of charge to his personal data being used by MyEcoCar or its business partners for marketing purposes, including commercial. In the event that a user exercises his right to object on this ground directly to MyEcoCar, the latter undertakes to pass the opposition issued by the User to MyEcoCar's contractual partners to which it would have possibly transmitted said personal data.
In accordance with the law 78-17 of January 6, 1978, MyEcoCar must ensure that the personal data of the users, even those communicated to potential business partners, will not be disclosed outside the European Union, unless prior and express consent from the User is given in this regard.
. In accordance with the law 78-17 of January 6, 1978, MyEcoCar reserves the right to transmit personal data of users, either in compliance with a legal obligation or pursuant to an administrative or judicial decision or a decision by an independent administrative authority (notably the National Commission on Informatics and Liberties).
5.4 update personal data
The User agrees to ensure the updating of personal data concerning him and to ensure that these are of course complete, accurate and unambiguous . The user account is at all times accessible to the User on the Website through a password and its login.
5.5 Security of Personal Information
In accordance with the law 78-17 of January 6, 1978 and due to the nature of the data and the risks presented by the processing of the personal data of its users, MyEcoCar undertakes to take due precautions to preserve the security of these data and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.
5.6 The web host
No rights are granted to the host of the Website regarding the use of the personal data of the Users to which that host is likely to have access, except for the purpose of realization of technical services and the management of databases and exclusively as part of the contractual conditions laid down and signed between the host and MyEcoCar, which may not derogate from this article.
5.7 Intellectual Property
MyEcoCar owns the Website. Reproduction in whole or in part is subject to the prior written consent of MyEcoCar. The reproduction of elements of the Website by visitors of the Website is strictly prohibited. Any contrary use of any part, or any component of the Website constitutes an infringement that may subject the violating visitors to civil and criminal prosecution and to a reminder of the law.
5.8 Website Content seized by Users
Le contenu saisi par les Utilisateurs du site ne relève en aucun cas de la responsabilité de MyEcoCar. Cependant, au cas où il serait porté à la connaissance de MyEcoCar qu'un contenu porterait atteinte aux droits d'un tiers, MyEcoCar ferait le nécessaire pour supprimer immédiatement ce contenu litigieux.
5.9 Partner Websites
The acceptance of these GTU constitutes an acceptance of the publication on the Website of MyEcoCar of the information provided during registration.
The right to reproduce the information on the Website and on the partner sites is granted to MyEcoCar, including announcements published on websites edited or co-edited by MyEcoCar.
6. Litigation and opposition
Any claim against MyEcoCar and in relation to these is prescriptive within a year. If payment has not been claimed within a year, it is assumed that the driver or the passenger has renounced. Unpaid amounts rightfully belong to MyEcoCar. In case of dispute, the competent jurisdiction will be considered as the competent courts where the head office of MyEcoCar is located.