END-USER LICENSE AGREEMENT

 A.TERMS AND CONDITIONS

GREENPOOL is a website and mobile application (“GREENPOOL”) owned, maintained and controlled by Flowerpot Mobility Solutions (“Firm”), a firm registered and existing in accordance with the laws of India. By registering on GREENPOOL, the end user (“User”) acknowledges, accepts and agrees to abide by without limitation, below terms and conditions (“T&C”) to view and/or use GREENPOOL, which forms a binding contract between the User and Firm. The Firm will facilitate the process of payment and car pooling services for User on GREENPOOL (“Services”). The Firm may change, modify, alter or amend the T&Cs without notice at its discretion at any point of time.

BY INSTALLING, OR USING THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE AND SERVICES.

General Conditions to use GREENPOOL:

1.1. GREENPOOL enables User to share a car for a journey with another User to share the cost (“Ride Sharer”) which may be accepted by the other User for travelling from a place to another with the Ride Sharer and it may include all other co-Traveler/s/Users who accompany such User in the Vehicle for the Trip with the Ride Sharer (“Co-Traveler”).

The Vehicle is offered by the Ride Sharer for sharing a car ride for a Trip which may be long or short, in relation to which the Ride Sharer and the Co-Traveler have conducted a Transaction on GREENPOOL which may be intra-city or inter-city (“Trip”).

Partial Match: Greenpool also allow a Partial Trip, a Partial Match system or a mid way drop facility which the users can avail. Door-to-Door pickup and drop may or may not be available. We do not promise Door-to-Door pickup and drop availability, however you may speak to your Ride Sharer and mutually decide the pickup and drop location.

Vehicle basically means that a car which is legally owned by the Ride Sharer and/ or if it is not owned then is authorized and entitled to use the vehicle under the laws of India, that has been offered for pooling on GREENPOOL (“Vehicle”). Any confirmed Trip which is scheduled using GREENPOOL by Ride Sharer and Co-Traveler shall be termed as (“Transaction”) under these Terms and Conditions.

1.2.  Cost of the Trip which is to be shared between the Ride Sharer and Co-Traveler will be calculated by GREENPOOL. GreenPool Follows a hybrid “Cost Sharing” calculation method. For the purpose of a particular Trip, cost contribution shall mean the individual share of Cost of each of the Co-Traveler as agreed between the Ride Sharer and the Co-Traveler in relation to the Trip which is payable by the Co-Traveler as their respective contribution towards the Cost of the Trip on completion of the trip through the App.

1.3 User must be 18 years and above of age and should have a contractual capacity at the time of registration on GREENPOOL.

1.4 The T&Cs apply to any and all who use GREENPOOL, including without limitation whether such User is the ‘Ride Sharer’ or ‘Co-Traveler’. By registering himself/ herself on GREENPOOL, the User acknowledges, accepts and agrees to abide by these Terms and Conditions, Privacy Policy, Disclaimer.

1.5 User agrees that the Firm may vary or amend GREENPOOL, its Services, conditions, functionality, interface at any time without notice to User.

1.6 In the event, the User fails to comply with any of the Terms and Conditions, the Firm reserves its right to withdraw the User Account as defined below in question and suspend or withdraw Services to User without any prior notice.

1.7 It is also presumed that the person who has created the profile on GreenPool will be the one who will travel. In case of more than one booking she/he should be one of the travelers, others are requested to kindly create their own accounts and operate them as necessary.

1.8 A Ride Sharer may deny the boarding of any passenger in case the traveler profile does not match with the booking details. It is suggested that travelers should always carry a valid Photo Id Proof to avoid any confusion / dispute at the time of boarding. GreenPool shall not be responsible for any such conflict, confusion or dispute.

1.9 The Name on your booking sms and email should completely match with the name on the photo id proof you are carrying. The photo id proof can be any nationalized id card i.e. pan card, passport, driving license, adhaar card, etc.

1.10 By downloading and installing the GreenPool app you out-rightly agree to receive communication related to our promotional offers, confirmations, account details, etc. from time to time. The mode of communication can be SMS, Email, Push or all of them. Such notifications can be turned off at your will and request.

Registration and verification on GREENPOOL:

2.1 In order to use GREENPOOL, each User must be registered on GREENPOOL and must create an account on GREENPOOL (“User Account”). The User may select Facebook, Linked In or Google ids to login into the app. On the next screen the user has to enter their PAN Account details as a part of the verification process. As a part of the registration process, User hereby indemnifies to enter current, complete and accurate registration information and verification details (hereinafter referred to as “Registration Data”) and keep it updated and as accurate as possible throughout their use of the app. User also agrees to comply with the Terms and Conditions and accepts that their personal data may be used, collected, stored or processed in accordance with our Privacy Policy.

2.2 User understands and agrees to the fact that the Firm does not undertake any responsibility for the accuracy of the Registration Data and any other information provided by the User on the Application or to a Ride Sharer or Co-Traveler, as the case may be. The Firm shall not be liable to any User in any manner whatsoever in the event any information provided by another User results to be false, incomplete, inaccurate, misleading or fraudulent in nature. “Facebook Account” means the user account of User created on www.facebook.com, “Linked In” means the user account of User created on www.linkedin.com, “Google Plus Account” means the user account of User created on www.plus.google.com.

2.3 The Registration Data uploaded by the User on GREENPOOL may be used as-is in any manner by the Firm in connection with the Services at their sole discretion. After uploading Registration Data on GREENPOOL, the User will be deemed to have given his consent for use of his Registration Data by the Firm in accordance with the Privacy Policy of GREENPOOL as mentioned in clause B of this document. User hereby forgoes and waives his rights to any claims whatsoever against the Firm for use of Registration Data including User picture or other verification details.

2.4 If the Firm at any given point of time has reasonable grounds to believe that any information provided by the User is incorrect or incomplete, then the Firm may suspend or terminate the User Account of the respective User temporarily or indefinitely at its discretion without notice to such User.

2.5 At time of registration the Firm shall also ask about the existing employer of the User (both Ride Sharer and Co Traveller). On selection of the same and post email id verification the User/s shall be able to first see both Ride Sharers and Co- Travellers from the same employer followed by the other people in the particular area. It is the responsibility of the user/s to inform the Firm at their customer support regarding any changes in their job employer, office address, etc.

Use of Services:

3.1 Services offered by the Firm will allow the User to share a Vehicle for a Trip either as a Ride Sharer offering the ride for carrying a Co-Traveler for that Trip or as a Co-Traveler booking the Trip. The Transaction shall be done in exchange for a Cost Contribution. The Ride Sharer with all the Co-Travelers travelling in the Vehicle will share the Cost of the Trip.

3.2 The Co-Traveler may contact the Ride Sharer directly for discussing any conditions of travel (including size of luggage allowed to carry, cancellation of Trip before or during the Trip etc.).

3.3 If a Co-Traveller fails to board the ride because of his personal reasons and not due to any deficiency on the part of the Ride Sharer, then Co-Traveller cannot hold the Ride Sharer or Firm responsible in any manner.

3.4 Parking, toll, interstate taxes, passenger taxes or any other applicable taxes and costs are NOT inclusive in the Cost and will be shared between the Ride Sharer and the Co-Traveler/s. during time of travel.

3.5 All commercial and contractual terms are offered by and agreed to solely between the Users. The Firm does not have any control and does not determine or advise or in any way involve itself in offering or approving such commercial and contractual terms agreed between the Ride Sharer and the Co- Travelers. User unconditionally acknowledge that given the nature of the Services and that the Firm is just providing a platform to ease lives of the Users, the Ride Sharer and Co-Traveler will have no right to initiate any claim against the Firm for any issue related to the Trip including, but not limited to, cancellation of Trip before or during the Trip, last minute changes, failure by the Ride Sharer or the Co-Traveler to show up and/or any other unsatisfactory or delayed performance by the Ride Sharer.

3.6 Firm has endeavored to ensure that all the information on GREENPOOL is correct, however the Firm does not warrant nor makes any representations regarding the quality, accuracy or completeness of any data or information contained within the content available on GREENPOOL.

3.7 Firm has no role and shall not take any steps to manage or schedule any booking and at no time possesses any right, title or interest over the Transaction/s contemplated herein nor shall Firm have any obligations or liabilities in respect of the Services offered by and agreed to solely between the Ride Sharer and the Co-Traveler.
Firm will also not be responsible for unsatisfactory or delayed performance by any User, including but not limited to, safety issues, cancellation of Trip, last minute changes, failure by the Ride Sharer or the Co-Traveler to turn up, their driving ability, their manners and behavior, etc.

Limited use of Services on GREENPOOL:

4.1 GREENPOOL is merely providing a platform to a Ride Sharer and Co-Traveler for sharing a Vehicle in their private capacity to share the costs involved amongst themselves. The User is only allowed to use GREENPOOL for his personal use. Under no circumstances shall a User be permitted to use his User Account or details thereof for any purpose other than for using car pooling facility in India in his personal capacity and he shall not indulge in any activity of profit making or car sharing for hire or similar purposes.

4.2 The User agrees and undertakes not to exploit, abuse or misuse  GREENPOOL for any purpose other than the purpose herein and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India. In addition, GREENPOOL shall not be used in any manner, which could damage, disable, impair or interfere with any other User’s right to use and/or enjoyment of GREENPOOL.

The user agrees to not cause any damage to or hamper the business or reputation of the Firm. The User shall refrain itself from obtaining or attempting to obtain any information through any means which is not intentionally made available or provided to it for or through GREENPOOL.

Obligations of the Ride Sharer and Co-Traveler:

5.1 Duties of the Ride Sharer:

The Ride Sharer hereby covenants that:

(a) He/ she is the legitimate owner of the Vehicle, if not then he/she is authorized and entitled to use the Vehicle under the laws of India and the owner of the vehicle;

(b) The Trip is undertaken in his personal capacity in accordance with his need;

(c) He/ she will not use GREENPOOL for any purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;

(e) The driver should hold a valid driving license and a valid pollution control certificate in respect of the Vehicle;

(f) He/ She will present himself on time at the appointed pick up place as mutually agreed with Co-Travelers with the specified Vehicle;

(g) He/ She must wait for the Co-Travelers at the decided pick up place for at least 10 (ten) minutes over and above the agreed time in case Co-Traveler fails to reach the decided place on time;

(h) He/ She indemnifies to take reasonable care to ensure good and humble conduct with the Co-Traveler during the Trip;

(i) Ride Sharer will not charge additionally at boarding or over what is listed on the Application, in case of a breach GreenPool reserves right to block or prohibit offeror from offering his vehicle on GreenPool App;

(j) Ride Sharer will select appropriate number of seats that he/she can share and will not overload the Vehicle. For eg. In a car that has a  capacity of five seats, he will ensure not more than 4 people are offered seats.

(k) Ride Sharer shall provide ample space in the car and not keep their belongings inside the car that may create discomfort to the riders.

(l) Ride Sharer may choose the number of Co Travellers he may want to have and the Co- Traveller shall have no right or authority over the Ride Sharer.

5.2 Duties of the Co-Traveler:

The Co-Traveler hereby agrees to that:

(a) The Trip is undertaken in his personal capacity in accordance with his need and car sharing shall not be accepted for hire or reward or for profit making in any commercial context;

(b) He/ She will not for any reason whatsoever use GREENPOOL for any commercial purpose and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;

(c) He/ She will arrive in time at the decided pick up place as mutually agreed with Ride Sharer;

(d) He/ She shall wait for the Ride Sharer at the decided pick up place for at least 10 (ten) minutes after the agreed time if Ride Sharer due to any reason fails to reach the appointed place on time;

(e) He/ She must at all times take reasonable care to ensure good and humble conduct with the Co-Traveler during the Trip;

(f) He will pay his share of Cost Contribution of the Trip at the time of booking the Trip to the Firm / at time of boarding / at time of getting off as convenient with the offerror.

(g) Trip cancellation shall be informed at the earliest opportunity.

(h) No promo codes/discount coupons will be applicable/valid on Cash On Delivery (COD) mode of payment. Queries/complaints related to this shall not be entertained.

Both the co traveller and the ride sharer should list out certain restrictions including but not limited to the following

Smoking in the car

No carpooling under the influence of alcohol

If loud music or speaking loudly is allowed.

Do not misbehave in any manner which is objectionable to the fellow riders

Save their pictures or phone numbers displayed in the App

Can’t establish a contact directly by saving their details

Keep the car tidy & clean

Avoid entering into the car with body odor, unclean foot wear etc

Do not indulge in asking personal questions

Do not initiate talks around politics or topic that are sensitive & detrimental to the society, country & the dignity of human

The company will not be responsible for any relationship that they develop. The users are doing at their own risk & full consent

Indemnity:

6.1 Users agree to indemnify and hold harmless the Firm, its affiliates, parent company and any of their respective directors, officers, employees, agents, licensees or other representatives from and against all claims, liability and expenses, including reasonable legal fees and costs arising from or in relation to,

(a) breach of the Terms and Conditions by the Users; and

(b) Use of GREENPOOL including transmission or modification of Registration Data or any other information by the Users on GREENPOOL; and

(c) Consequences of any acts or omissions by Users and claims or demands under any contract, Law or otherwise in relation to Trip/s or Services provided herein. This provision shall survive the termination of User’s right to use GREENPOOL.

6.2 The User hereby discharges the Firm, their affiliates, and their respective directors, officers, employees, and agents from any and all claims, liability, loss, or damage, including any third party claims, arising from or relating to, in whole or in part, the Services, or the use, misuse of, or inability to use the Services as contemplated on GREENPOOL.

Intellectual property rights:

7.1 The information that is  displayed on or contained on GREENPOOL including but without limitation, GREENPOOL software, design, text, editorial materials, informational text, images, artwork and other graphic materials, names, logos including all other rights, tangible and intangible with regard to the Services belongs exclusively to the Firm and Firm is merely permitting Users to use the Services for Ride Sharers and Co-Travelers for a Transaction in exchange for sharing the Cost of the Trip between the Ride Sharer and the Co-Traveler.

Confidentiality :

8.1 Users shall be responsible for maintaining the confidentiality of his user ID and password created at the time of registration and User shall be at all times fully responsible for all the activities that occur under his User Account at all times whether or not done by him or not. Users should not share the details of the proposed matches anywhere. The information includes the other users picture, phone number, email id, employer, family details, car details, license details, date of birth, etc..

 

Wallet Integration:

For your convenience, Greenpool in partnership with PayTM, provides a wallet service for its users which can be used in accordance with the following terms and conditions:

9.1. Transfer, Usage and Withdrawal.

9.1.1. Money “Greenpool Money” can be loaded into the wallet using your PayTM from time to time, and the same can be utilised to pay for the rides. Greenpool Money shall be automatically debited from the Co-Traveller’s account and the credited to Ride Sharer’s account. Please note, Greenpool shall not use PayTM’s wallet services directly to withdraw any money from your PayTM account. You need to load Greenpool Money into your Greenpool Wallet using PayTM to be able to take a ride.

9.1.2. In absence of enough Greenpool Money, the Co-Traveller shall not be able to request a ride.

9.1.3. In case of a situation wherein the user moves out of the app, the balance in the wallet shall be transferred to their associated bank account.

9.1.4. You may withdraw only above the withdrawal balance. The minimum balance required in your Greenpool wallet is Rs. 250/- incase you are a co-traveller and Rs.100/- if you are a ride sharer and you may not be able to withdraw these amounts. However, anything over and above these abovementioned amounts can be withdrawn by you. You may continue to use the app and pay for your trip with the amounts in your greenpool wallet below the withdrawal balance.

9.2. Surcharge.

Each user shall be entitled to pay 15% commission on each ride. Such due commission shall be debited from the account of Co-Traveller automatically along with the cost of the trip.

9.3. Bank Account.

Each withdrawal shall require a bank account. All such related details entered into the app shall be the responsibility of the User and Firm shall not be held liable in case of any incorrect transfers, if any.

9.4. Incorrect Deductions.

In case of discrepancy, if any, in the amount deducted from the account of the co-traveller, the same may be emailed within 15 working days at [email protected]

 

Miscellaneous:

10.1 Applicable Laws and jurisdiction:

The T&C shall be governed by and construed in accordance with the laws of India and the Parties agree that any disputes arising in relation to these T&C shall be subject to exclusive jurisdiction of the competent courts at Chennai only.

10.2 Management of disputes

The Firm may at its sole discretion provide Users with an online service for resolving disputes. This service is non-binding and Firm is under no obligation to resolve disputes between Users and the dispute resolution mechanism may be opted and offered by Firm at its sole discretion and may be withdrawn at any time. The same shall be provided on a paid basis to both the Ride Sharer and the Co-Traveller.

10.3 Compliance with privacy policy and cookies policy:

User agrees that along with the T&C, User shall also be subject to Firm’s Privacy Policy and other Policies.

10.4 No Partnership

None of the provisions of the T&C, notices or the right to use GREENPOOL by the Users shall be deemed to constitute a partnership between the Users and the Firm.

B. PRIVACY POLICY

What we collect?

B.1.1.    We collect and process the following information or data (including personal information and information that can be uniquely identified with you) about you:

B.1.1.  PAN card, and other documents and information that may be required from time to time including your name, address (including postcodes), date of birth and if you are a Car Owner certain information about your Vehicle to register with the Site or to access other services provided by us;

B.1.2.                        Your social media details i.e. Facebook, Linkedin, Google+.

B.1.3.                        An e-mail address and a password;

B.1.4.                        A mobile phone number;

B.1.5.                        A record of any correspondence between you and us;

B.1.6.                        A record of any bookings you have made or advertisements you have placed with or through the Site;

B.1.7.                        Your replies to any surveys or questionnaires that we may use for research purposes;

B.1.8.                        Details of accounting or financial transactions including transactions carried out through the Site or otherwise. This may include information such as your credit card, debit card or bank account details, details of Trips (as described in our Conditions) you have booked or offered through the Site;

B.1.9.                        Details of your visits to the Site and the resources that you access;

B.1.10.          Information about you that we may receive from other sources.

Use

B.2.    We may use this information to:

B.2.1.                        Ensure that the content of the Site is presented in the most effective manner for you and for your computer and customise the Site to your preferences;

B.2.2.                        Assist in making general improvements to the Site;

B.2.3.                        Contact you and notify you about changes to the Site or the services we offer (except where you have asked us not to do this);

B.2.4.                        Collect payments from you;

B.2.5.                        Analyse how users are making use of the Site and for internal marketing and research purposes.

We will not resell your information to any third party nor use it for any third party marketing.

Sharing of information

B.3.1.                        If in the future we charge you any fees or collect any money from you in relation to any services on the Site, all credit or debit card payments will be collected by our payment processor.

B.3.2.                        In order for payments to be processed you may need to provide some necessary details to our payment processor.

B.3.3.            We do not disclose any information you provide via the Site to any third parties except:

As part of our booking process and in order to provide our services information may be passed to a Co-Traveler (if you are a Ride Sharer) or to a Ride Sharer (if you are a Co-Traveler).

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime or upon requisition made by government agencies);

In order to enforce any terms of use that apply to any of the Site, or to enforce any other terms and conditions or agreements for our Services that may apply;

Even though we cannot predict the future however, we may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;

To maintain internal quality, training and for updating the customers about the Services of GreenPool

B.3.4.                        Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so.

Transferring and Storage of Information

B.4.1. As part of the services offered to you through the Application, the information you provide to us may be transferred to, and stored at, countries outside of India.

The information provided by you may be transferred to a third party if it is necessary for the performance of any contract between us and the said third party or upon receipt of your consent to data transfer. If we transfer your information outside of India in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy and in accordance with applicable laws including but not limited to Information Technology Act, 2000 and the rules framed thereunder.

B.4.2.                        If you use the Site while you are outside India, your information may be transferred outside India to provide you with the requested services.

B.4.3.                        By entering and submitting your information on our Application you agree to the transfer, storing or processing of your information outside India in the manner described above.

Notification of changes to our Privacy Policy

We will post details of any changes to our Privacy Policy on the Site to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.

C. Disclaimer of warranties and no liability of Firm:

C.1 User acknowledges the fact that the Firm is acting only as a facilitator while providing the Services on GREENPOOL. It is as an online platform for Users who want to pool a car within the city or inter-city in India. The Services offered through or via GREENPOOL are provided on “as is” basis without any representation or warranty of any kind from the Firm, either expressed or implied, including without limitation, any representation or warranty for timeliness, safety, continuity, uninterrupted travel, quality, conditions of Vehicle, driving skill, performance for any particular purpose with respect to the Trip.

C.2 User agrees that the The is calculated by the Firm’s Software i.e. GreenPool based on average fuel price, average fuel consumption of the category of the car, average annual maintenance cost of the car category, the trip distance and the number of people sharing the ride. Ride costs may vary from time to time based on the various cost parameters like Average Fuel cost, Average Annual Car Maintenance Cost, Average Ride Distance, Average Number of Riders in Greenpool trips etc. The slab rates or fixed rates keep changing as per the Government regulations, directions, User Feedback etc.

You hereby agree to check the Ride Rate card available in the App before requesting the ride. Users may access the Services on GREENPOOL at their own risk and using their best and prudent judgment before entering into any arrangement with other Users through GREENPOOL.

C.3 User agrees that the Firm is acting as a medium between the Ride Sharer and Co-Traveler and on good faith. The Firm does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial and/or contractual terms between the Ride Sharer and the Co-Traveler. User further accepts that the Firm shall not be responsible in any manner for any quality or performance or unsatisfactory or delayed performance by Ride Sharer and/or Co-Travelers on the Trip.

C.4 Firm gives no warranty or assurance in regard to insurance and pollution control certificate obtained or to be obtained by the Ride Sharer as provided in Clause 5.1.e above.

It is the responsibility of Co-Traveler/s to verify that insurance procured by the Ride Sharer provides adequate cover to third party.

C.5 The Firm endeavors to provide information that is accurate, complete, and reliable. However, Firm makes no representations or warranties about the correctness of the Registration Data available on GREENPOOL or any other information published on GREENPOOL at any point of time. All information, picture(s), graphics, content is provided “as is” without warranty of any kind, either express or implied by Firm on GREENPOOL.