Terms and conditions

Version 1 of 01/09/2020

1. Object

Bringme Srl Società Benefit (hereinafter “Jojob“) has developed a carpooling platform accessible on a website at www.jojobrt.com or in the form of an application for mobile devices, designed for connect drivers traveling to a specific destination with passengers traveling in the same direction, in order to allow them to share the journey and therefore the related costs (hereinafter, the “Platform”).

 

These general conditions of use are intended to govern the access and conditions of use of the Platform. Please read them carefully. The User acknowledges and accepts that Jojob is not a party to any agreement, contract or contractual relationship, of any nature, entered into between the Users of its Platform.

 

By clicking on “Sign up with Facebook” or in any other way that allows you to register on the Platform, the User acknowledges having read and accepted all these general conditions of use.

2. Definitions

Account“: designates the account that must be created to become a User and access certain services offered by the Platform;

Carpooling Announcement“: designates an announcement on a Carpooling Route published on the Platform by a Driver;

Jojob” has the meaning indicated in the previous Article 1;

General conditions of use“: designates these general conditions of use;

Driver“: means the User who uses the Platform to offer to transport another person in exchange for a Contribution to expenses, for a Trip and at a time defined only by the Driver;

“Booking confirmation” has the meaning indicated in the following Article 4.2;

“User Content” has the meaning indicated in the following Article 10.2;

Contribution to expenses“: designates, for a given Carpooling Trip, the sum of money requested by the Driver and accepted by the Passenger as a contribution to the costs of the Trip;

Passenger“: means the User who has accepted the offer to be transported by the Driver;

Seat“: designates the seat reserved by a Passenger in the Driver’s vehicle;

Services“: designates all the services provided by Jojob through the Platform;

Website“: means the website accessible at www.jojobrt.com;

User“: means any person who has created an Account on the Platform;

Carpooling Route“: designates the Route object of an Announcement published by a Driver on the Platform and in relation to which it agrees to transport Passengers in exchange for a Contribution to expenses.

3. Registration on the Platform and creation of an account

3.1 Conditions of registration on the Platform

The Platform can be used by persons aged 18 or over. The registration of a minor on the Platform is strictly prohibited. By accessing, using or registering on the Platform, the User declares and guarantees that he is 18 years old.

3.2 Creating an account

The Platform allows Users to post and view Carpooling Ads and interact with each other to reserve a Seat.  To create the Account, it is necessary to: ​​
  • fill in all the mandatory fields of the registration form;
  • log into your Facebook, Google or Apple account through our platform and allow access and use of certain data required for registration.
To register on the Platform, it is necessary to have read and accepted these General Conditions of Use and the privacy policy. When creating the Account, regardless of the method chosen, the User agrees to provide accurate and truthful information, and to update it from his profile, in order to guarantee its relevance and accuracy for the duration of his contractual relationship with Jojob . In the case of registration via e-mail, the User agrees to keep the password chosen when creating the Account secret and not to communicate it to anyone. If the User loses or reveals his password, the User undertakes to immediately inform Bringme. Only the User is responsible for the use of the Account by third parties, unless he has expressly informed Bringme of the loss, fraudulent use by third parties or the disclosure of his password to third parties. The User undertakes not to create or use, under his own identity or that of third parties, Accounts other than the one initially created.

4. Use of the Services

4.1 Publishing of Carpooling Ads

As a User and provided the conditions indicated below are met, you can create and publish Carpooling Ads on the Platform by entering information on the Carpooling Route you intend to make (dates / times and collection and arrival points, number of places offered).

 

The User is authorized to publish a Carpooling Announcement by making his car available only if all the following conditions are met:

 

(i) he is in possession of a valid type B driving license or equivalent foreign license;

(ii) publishes Carpooling Ads only for vehicles it owns or uses with the express authorization of the owner, and in all cases that their use for carpooling is not prohibited;

(iii) the User is and remains the main Driver of the vehicle object of the Carpooling Announcement;

(iv) the vehicle has valid third party insurance;

(v) there is no contraindication or medical inability to drive;

(vi) the vehicle you intend to use for the Carpooling Route is a vehicle with 4 wheels and a maximum of 7 seats;

(vii) the User does not intend to publish another advertisement for the same Carpooling Route on the Platform;

(viii) the User does not offer more Seats than the number available in the vehicle;

(ix) all the Seats offered are equipped with a seat belt, even if the vehicle is homologated with seats without a seat belt;

(x) the User uses a vehicle in good condition and in compliance with the applicable legal provisions and customs, in particular with an updated revision.

The User acknowledges that he is the only responsible for the content of the Carpooling Announcement published on the Platform. Consequently, the User declares and guarantees the accuracy and truthfulness of all information contained in the Carpooling Announcement and undertakes to conduct the Route in accordance with the conditions described in the Carpooling Announcement.

 

The Carpooling Announcement will be published on the Platform and therefore visible to Users who perform a search on the Platform. Jojob reserves the right, at its sole discretion and without notice, not to publish or remove, at any time, any Carpooling Announcement that does not comply with the General Conditions of Use or that it considers harmful to its image, that of the Platform or that of the Services.

4.2. Seat Reservation

Jojob has set up an online seat reservation system for the Trips offered on the Platform.

 

When a Passenger is interested in a Carpooling Ad, they can make an online booking request. To make a reservation, the passenger must have an amount equal to or greater than the amount of the reimbursement requested by the Driver. If the amount is not available, the passenger can top up his account using his credit card or other payment tools allowed within the platform.

 

This booking request is manually accepted by the Driver. 

 

After acceptance of the booking request by the Driver, the Passenger receives a booking confirmation (the “Booking Confirmation”). 

 

The amount requested by the Driver for the reservation received will be subtracted from the passenger’s availability until one of the following scenarios occurs:

  1. Trip canceled by the passenger or the Driver within 2 hours of departure of the trip. In this case, the full amount becomes available on the passenger’s account.
  2. Trip canceled by the passenger up to 72 hours from the departure time of the trip. In this case Jojob asks the Driver for confirmation. If the Driver confirms the cancellation, the amount becomes available on the passenger’s account. If the Driver does not confirm the cancellation, the amount is deposited on the Driver’s account.
  3. Trip canceled by the Driver before the trip departure or in the following 72 hours. In this case, the full amount becomes available on the passenger’s account.
  4. 72 hours passed from the departure of the trip. In this case, the Driver will receive on his account the entire contribution to the travel costs minus the Jojob commission if present.

 

If the User is a Driver, he is required to respond to all booking requests within the deadline indicated by the passenger. Otherwise, the booking request will automatically expire and the Passenger will be reimbursed for all sums paid at the time of the booking request.

 

When a Driver is interested in proposing to a passenger for a specific date, time and journey, he can make a ride offer.

 

If the passenger accepts the ride offer, it will be considered automatically accepted by the Driver and the applicable rules are the same as those reported over it.

The User is solely responsible for the fulfillment of the contract that binds him to the other User.

4.2.1. Nature of Seat reservation and conditions of use of the Services on behalf of third parties

Any use of the Services, as a Passenger or Driver, refers to a specific name. The identity of the Driver and Passenger must correspond to the identity communicated to Jojob and to the other Users participating in the Carpooling Trip.

 

Each User can only book his own Seat.

 

The Platform is intended for the reservation of Seats for individuals. It is forbidden to reserve a Seat for the transport of any object, package, animal traveling alone or objects of any kind.

 

Furthermore, it is forbidden to publish a Carpooling Ad for a Driver other than the User.

5. Financial conditions

5.1. Contribution to expenses and Price

The Contribution to expenses that each passenger must pay to the Driver for each single journey is limited by Jojob which allows the Driver to apply a maximum rate of 0.05 € / km. The individual Driver can, if foreseen, reduce this contribution up to a minimum of 0.03 € / Km.

 

Profiting in any way from the use of our Platform is strictly prohibited. Consequently, the User agrees to limit the Contribution to the expenses requested from Passengers to the costs actually incurred for the Carpooling Trip. Otherwise, only the User exposes himself to the risks of recharging the transaction completed through the Platform.

In order to understand the extent of the costs incurred to make a journey by car, drivers are invited to consult the “ACI Table” of their vehicle, accessible at the following address: http://www.aci.it/i-servizi/servizi -online / cost-kilometers.html

5.2. Financial Conditions Validation Mechanism

At the same time as registering on the platform, the user is created a virtual wallet managed by the financial intermediary called Mangopay©. 

To make a reservation, the user is required to hold in his wallet an amount sufficient to pay the reimbursement of expenses requested by the Driver. 

To top up their wallet, the user must enter the credit card and / or bank account numbers in the “Payment method” section. 

By entering these data, the user declares to accept the general conditions of use of our banking service provider: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_IT.pdf

5.3. Online payment

Collection mandate The Driver, by accepting a booking for a carpooling journey, gives Jojob a collection mandate for the Contribution to expenses in his own name and on his own behalf.

 

Consequently, after the acceptance of the booking Jojob will remove the Contribution to expenses from the Passenger’s availability.

 

The User acknowledges and accepts that none of the sums removed from the Passenger’s availability in the name and on behalf of the Driver give the right to interest. The User agrees to respond diligently to any request from Jojob, and more generally from any administrative authority or competent court in relation to the prevention or fight against money laundering. In particular, the User agrees to provide, upon simple request, any useful proof of address and / or identity.

 

In the absence of a response to such requests, Jojob may take any measures it deems appropriate, in particular the freezing of the sums paid and / or the suspension of the Account and / or the termination of these General Conditions of Use.

 

From the date and time of departure of the trip, Passengers and Drivers will have a period of 72 hours at their disposal to cancel the trip in the manner expressed in art. 4.2. In the absence of cancellation of the trip by them within this period, Jojob will consider the Trip confirmed.

 

From the moment of confirmation, the User, as a Driver, will have a credit that can be collected on his Account. This credit will correspond to the Cost Contribution paid by the Passenger at the time of booking confirmation less the Jojob fee where applicable.

 

Once the Trip is confirmed, the User has the possibility, as a Driver, to provide instructions to Jojob for the payment on their bank account (by entering the bank details in advance in their Account).

 

The payment order in the name of the User will be sent the first working day after the request or, in the absence of a request, within 1 working day from the availability of the sums in question on the profile (provided that Jojob is in possession of the bank details).

6. Non-commercial and non-corporate purpose of the Services and the Platform

The User agrees to use the Services and the Platform for the sole purpose of being put in contact, on a non-corporate and non-commercial basis, with people who wish to share a Carpooling Trip .

 

As a Driver, the User undertakes not to request a Contribution to expenses that exceed the costs actually incurred and which could generate a profit. The User is solely responsible for calculating the costs incurred for the Carpooling Trip and for verifying that the amount requested from Passengers does not exceed the costs actually incurred (excluding the share of costs to be borne by the User). Should the limitations on the rates imposed by Jojob result in a potential profit for the user, it will be the responsibility of the Driver himself not to publish the routes and not to make his car seats available on the platform.

 

Jojob reserves the right to suspend the Account in the event that the User uses a vehicle with driver or another commercial vehicle or taxi, or a company car, and by virtue of this generates a profit from the Platform. The User agrees to provide Jojob, upon his simple request, with a copy of the registration certificate and / or any other document showing that the User is authorized to use this vehicle on the Platform and that he is not making any profit from it.

 

Jojob also reserves the right to suspend the Account, limit access to the Services or terminate these General Conditions of Use in the case of activity by the User on the Platform, which, due to the nature of the trips offered, of their frequency, the number of Passengers transported and the Contribution to the expenses requested, entails a profit situation for the User or for any reason suggests to Jojob that the User is generating a profit on the Platform.

7. Behavior of users of the Platform

7.1. Commitment of all users of the Platform

The User acknowledges that he is solely responsible for compliance with all laws, regulations and obligations applicable to the use of the Platform.

Furthermore, when using the Platform and during the Trips, the User undertakes:

(i) not to use the Platform for professional, commercial or profit-making purposes;

(ii) not to send Jojob (in particular at the time of account creation or update) or other Users false, misleading, harmful or fraudulent information;

(iii) not to speak or behave in any way or post any content on the Platform that is defamatory, abusive, obscene, pornographic, vulgar, offensive, misplaced, violent, threatening, harassing, racist or xenophobic or with sexual connotations, which contains incitement to violence, discrimination or hatred, activities that encourage or the use of illegal substances, or more generally in contrast with the purposes of the Platform, which could violate the rights of Jojob or a third party or which is contrary to morality and / or public order;

(iv) not to violate Jojob’s rights and image, in particular 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 third parties;

(vi) not to contact another User, in particular through the Platform, for a purpose other than that which defines the terms of carpooling;

(vii) not to accept or make payment outside the Platform, except in the cases authorized by these General Conditions of Use;

(viii) to comply with these General Terms of Use and the Privacy Policy.

7.2. Commitments of Drivers

In addition, when using the Platform as a Driver, you undertake:

 

(i) to comply with all laws, regulations and codes applicable to driving and the vehicle, in particular to hold a civil liability insurance valid at the time of the Carpooling Trip and to be in possession of a valid driving license;

(ii) to check that the insurance covers carpooling and that the Passengers are considered as third parties in the vehicle and are therefore covered by insurance;

(iii) not to take any risk while driving, not to take any substance that could endanger attention and the ability to drive carefully and in complete safety;

(iv) to publish Carpooling Ads corresponding only to actually planned Carpooling Trips;

(v) to conduct the Carpooling Trip as described in the Carpooling Announcement and to respect the times and places agreed with the other Users (in particular the meeting and unloading place);

(vi) not to take more Passengers than the number of Seats indicated in the Announcement;

(vii) to use a vehicle in good condition and in compliance with the provisions of the law and applicable customs, in particular with an updated inspection;

(viii) to communicate to Jojob or to any passenger who requests it the driving license, the car registration certificate, the insurance certificate, the MOT and any document that demonstrates the User’s ability to use the vehicle as a Driver on the Platform;

(ix) in case of delay or modification of the times or of the Carpooling Trip, inform the Passengers without delay;

(x) in the case of a cross-border Carpooling Trip, to possess and keep at the disposal of the Passenger and the authorities who may request it any document certifying his identity and the right to cross the border;

(xi) to wait for Passengers at the agreed meeting point for at least 10 minutes after the agreed time;

(xii) not to publish an Ad in Carpooling relating to a vehicle that you do not own or that you are not authorized to use for carpooling purposes;

(xiii) to ensure that Passengers can contact them by telephone at the number registered on their profile;

(xiv) not to generate any profit through the Platform;

(xv) to have no contraindication or medical inability that prevents driving;

(xvi) to behave fairly and responsibly during the Carpooling Trip and in accordance with the spirit of carpooling.

7.3. Passenger Commitments

When using the Platform as a Passenger, as part of a Carpooling Journey, you undertake:

 

(i) to adopt adequate behavior during the Carpooling Journey so as not to hinder the Driver’s concentration or driving or the tranquility of the other Passengers;

(ii) to respect the Driver’s vehicle and its cleanliness;

(iii) in case of delays, to inform the Driver without delay;

(iv) to pay the Driver the agreed Contribution to the expenses;

(v) to wait for the Driver at the meeting point for at least 10 minutes after the agreed time;

(vi) to communicate to Jojob or to any Driver who requests it, their identity card or a document certifying their identity;

(vii) not to bring during a Trip any element, goods, substance or animals that could hinder the driving and concentration of the Driver, or the nature, possession or transport of which is contrary to the legal provisions in force;

(viii) in the case of a cross-border Carpooling Trip, to possess and keep any document certifying his identity and the right to cross the border available to the Driver and the authorities who may request it;

(ix) to ensure that the Driver can be contacted by telephone at the number registered on the profile, even at the meeting point.

8. Account suspension, access limitation and termination

The User can terminate their contractual relationships with Jojob at any time, at no cost and without giving any reason. To do this, simply write an email to [email protected] with the explicit request to close the account.

 

In the event of (i) violation of these General Conditions of Use or (ii) if Jojob has a real reason to believe that this is necessary to protect its safety and integrity, that of Users or third parties, or for the purposes of prevention of fraud or investigation, Jojob reserves the right to:

 

(i) terminate the General Conditions of Use that bind the User to Jojob immediately and without notice; and / or

(ii) prevent the publication or remove any feedback, Announcements, Carpooling content, booking request, or any content posted by the User on the Platform; and / or

(iii) restrict the access and use of the Platform by the User; and / or

(iv) temporarily or permanently suspend the account.

When this proves necessary, the User will be informed of the application of this measure in order to allow him to provide explanations to Jojob. Jojob will decide, at its sole discretion, whether or not to remove the measures applied.

9. Personal data

In the context of the use of the Platform by the User, Jojob will collect and process some of the User’s personal data. By using the Platform and registering as a User, the User acknowledges and accepts the processing of their personal data by Jojob in compliance with current legislation and the provisions of the privacy policy.

10. Intellectual property

10.1. Content published by Jojob

In relation to the content provided by its Users, Jojob is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular texts, images, drawings, logos, videos, sounds , data, graphics) and the software and databases that ensure their operation.

 

Jojob grants a non-exclusive, personal and non-transferable right to use the Platform and the Services, for personal and private use, on a non-commercial basis and in accordance with the purposes of the Platform and the Services.

 

Any other use or exploitation of the Platform and Services, and their content, is prohibited without the prior written authorization of Jojob. In particular, the User is prohibited from:

 

(i) reproducing, modifying, adapting, distributing, representing and publicly disseminating the Platform, the Services and the content, with the exception of what is expressly authorized by Jojob;

(ii) decompile and reverse engineer the Platform or Services, subject to the exceptions provided for by the texts in force;

(iii) extract or attempt to extract (in particular using data mining robots or any other similar data collection tool) a substantial part of the Platform data.

Jojob concede un diritto non esclusivo, personale e non trasferibile di utilizzare la Piattaforma e i Servizi, per uso personale e privato, su base non commerciale e in conformità alle finalità della Piattaforma e dei Servizi.

È vietato qualsiasi altro uso o sfruttamento della Piattaforma e dei Servizi, e del loro contenuto, senza la previa autorizzazione scritta di Jojob. In particolare, all’Utente è vietato:

(i) riprodurre, modificare, adattare, distribuire, rappresentare e diffondere pubblicamente la Piattaforma, i Servizi e il contenuto, con l’eccezione di quanto espressamente autorizzato da Jojob;

(ii) decompilare e applicare reverse engineering alla Piattaforma o ai Servizi, fatte salve le eccezioni previste dai testi in vigore;

(iii) estrarre o tentare di estrarre (in particolare utilizzando robot per data mining o qualsiasi altro strumento di raccolta dati simile) una parte sostanziale dei dati della Piattaforma.

10.2. Content posted by the User on the Platform

In order to allow the provision of the Services, and in accordance with the objective of the Platform, the User grants Jojob a non-exclusive license to use the content and data provided in the context of the use by of the User of the Services (hereinafter, “User Content”). To allow Jojob to distribute via the digital network and in compliance with any communication protocol (in particular the Internet and mobile network), and to provide the content of the Platform to the public, the User authorizes Jojob, worldwide and for all the duration of its contractual relationships with Jojob, to reproduce, represent, adapt and translate the User Content as follows:

 

(i) the User authorizes Jojob to reproduce all or part of the User Content on any digital recording medium, known or still unknown, and in particular on any server, hard disk, memory card, or any other equivalent medium, in any format and with any procedure, known or still unknown, to the extent necessary for any archiving, backup, transmission o download related to the functioning of the Platform and the provision of the Service;

(ii) the User authorizes Jojob to adapt and translate the User Content, and to reproduce these adaptations on any digital medium, current or future, as indicated in point (i) above, with the aim of providing the Services, especially in several languages. This right includes in particular the possibility of making changes to the formatting of the User Content, with respect for its moral right, for the purpose of respecting the graphic layout of the Platform and / or to make it technically compatible in view of its publication through the Platform.

11. Role of Jojob

The Platform constitutes an online networking platform where Users can create and publish Carpooling Ads for Carpooling Travels. These Carpooling Ads may in particular be viewed by other Users in order to know the conditions of the Trip and to directly book a Seat in the vehicle in question with the User who published the Carpooling Ad.

 

By using the platform and accepting these General Conditions of Use, the User acknowledges that Jojob is not a party to any agreement entered into between the User and other Users in order to share the costs related to a Trip.

 

Jojob has no control over the behavior of its Users. It does not own, exploit, supply or manage the vehicles covered by the Carpooling Ads and does not offer any Trips on the Platform.

 

The User acknowledges and accepts that Jojob does not check the validity, truthfulness or legality of Carpooling Ads, Places and Trips offered. In its capacity as carpooling intermediary, Jojob does not provide any transport services and does not act as a carrier; Jojob’s role is limited to facilitating access to the Platform.

 

Users (Drivers or Passengers) act under their sole and full responsibility.

 

In its capacity as intermediary, Jojob cannot be held responsible for the actual occurrence of a Trip, and in particular due to:

 

(i) incorrect information communicated by the Driver on his Announcement, or by any other means, regarding the Trip and its conditions;

(ii) cancellation or modification of a Trip by a User;

(iii) failure to pay the Contribution to expenses;

(iv) behavior of its Users during, before or after the Trip.



12. Operation, Availability and Functionality of the Platform

Jojob will try as much as possible to keep the Platform accessible 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended, without notice, due to technical maintenance, migration or update interventions, or due to interruptions or limitations related to the operation of the network.

 

Furthermore, Jojob reserves the right to modify or suspend all or part of access to the Platform or its functionalities, in its sole discretion, temporarily or permanently.

13. Amendments to the General Conditions of Use

These General Conditions of Use and the documents integrated by reference represent the entire agreement between the User and Jojob relating to the use of the Services. Any other document, in particular any mention relating to the Platform (FAQ etc.), has the sole purpose of providing information.

 

Jojob may modify these General Conditions of Use in order to adapt them to its technological and commercial environment and to comply with the legislation in force. Any changes to these General Terms of Use will be published on the Platform indicating the date of entry into force and the User will be notified by Jojob before it becomes effective.

14. Applicable law - Disputes

These general conditions of use are written in Italian and subject to Italian law.

15. Legal notes

The Platform is published by Bringme Srl Società Benefit, with a share fully paid-up capital of 22.879,40€, registered with the Turin Company Register and VAT number: IT10979400016, with registered office in Turin, via Pier Carlo Boggio 59, 10138 Turin.