Terms Of Use

Terms Of Use2018-02-27T13:05:46+00:00

TERMS OF SERVICE

Please review this Agreement carefully and check for updates regularly. This Agreement limits our liability and also limits your remedies against us. You should read these Service Terms of Use in conjunction with the Liftango Privacy Policy.

LIFTANGO SERVICE TERMS OF USE

These Terms of Use (“Terms of Use” or “Agreement”) apply to use of the Liftango carpooling service. This Agreement is a legally binding agreement made between you (“you,” “your”) and Liftango Pty Ltd. Other words used in these Terms of Use are defined below.
You may use the Liftango Service through the domain https://liftango.com, through a different domain or sub-domain (including via third party domains) or through mobile phone applications. This Agreement applies to your use of the Liftango Service regardless of the method through which it is accessed.

We may amend these Terms of Use at any time and post the amended terms on the https://liftango.com website or such other methods through which the Liftango Services are accessed. Your continued use of the Liftango Service indicates your agreement to be bound by the terms of use in effect at the time of such use.

For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.

This Agreement is effective upon acceptance during registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites. BY CHECKING THE ACKNOWLEDGEMENT CHECKBOX, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND BY THE TERMS OF THE LIFTANGO SERVICE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT OR THE LIFTANGO SERVICE PRIVACY POLICY, WE WILL NOT BE ABLE TO ACCEPT YOUR REGISTRATION AND YOU WILL NOT BE ABLE TO USE THE LIFTANGO SERVICES.

DEFINITIONS

“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use. “Liftango Entities” means Liftango and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “Liftango Partners” means Liftango service providers, licensees, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners. “Driver” means a User who arranges to provide rides to passengers. “Promotion” means a Liftango or a third party’s program or promotional campaign. “Rider/Pick-up” means a User who obtains rides from Drivers. “Shared Transport” means any demand-driven vehicle-sharing arrangement, in which travellers share a vehicle either simultaneously (e.g. ride-sharing) or over time (e.g. carsharing or bike sharing), and in the process share the cost of the journey, thereby creating a hybrid between private vehicle use and mass or public transport. Shared Transport systems include carsharing (also called car clubs in the UK), bicycle sharing (also known as PBS or Public Bicycle Systems), carpools and vanpools (also known as ride-sharing or lift-sharing), dynamic ridesharing, slugging, casual carpooling, community buses and vans, demand responsive transit (DRT), paratransit, a range of taxi projects, hitchhiking and its numerous variants. “Site(s)” means the https://liftango.com website or such other site through which the Liftango Services may be accessed. “Trip” means an arranged trip between a Driver and one or more Riders. “User” means any registered user of the Liftango Services.

SERVICE SUMMARY

The Liftango Service enables Users to arrange to use Shared Transport, provides a communications platform and other services related to those shared rides.

PERSONAL RESPONSIBILITY

Use of the Liftango Service will introduce you to people registered with the Liftango Service for the purposes of Shared Transport or any other service offered by the Liftango Service. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Liftango Service or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Liftango Entities or Liftango Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Liftango Services.

Requirements to Access the Service

ELIGIBILITY
• you are at least 18 years of age;
• you have not have committed any felony or serious criminal offence (including but not limited to a sexual offence and/or a violence-related offence) ever or any misdemeanour within the past three (3) years.

FOR DRIVERS:
• you are at least 18 years of age;
• you have a current and valid driver’s license;
• you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
• you carry liability insurance that covers bodily injury to all occupants of your vehicle;
• you have no record of convictions for serious driving offenses;
• you are medically fit to act as a Driver;
• you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
• you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Liftango Service. Liftango reserves the right, in its sole discretion, to refuse or deny access to the Liftango Service to any individual for any reason or no reason.

TECHNICAL REQUIREMENTS

A valid email address and email account is required for using the Liftango Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Liftango Service. Drivers must download the Liftango mobile phone application to use the Liftango Service and must carry their mobile phone with them during Trips in order for the Trips to be registered with the Liftango Service. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Liftango Service, a mobile device with services from a service provider supported by the Liftango Software and a plan which allows you access to Liftango’s mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Liftango Service through your mobile phone. Should your mobile number or service provider change, please record your updated mobile phone information in the Liftango Service.

PROMOTIONS

We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credit or coupons we make available to you are not redeemable for cash and will be forfeited upon termination of this Agreement, regardless of the reason for termination. Promotional credit received by the User is also automatically forfeited after 3 months of inactivity.

USER RATINGS; FEEDBACK

Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Liftango does not necessarily actively monitor feedback and ratings left by Users. Liftango retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.

USER DISPUTES

We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Liftango Service. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your relevant local authority.

ACCEPTABLE USE

We reserve the final right to judge acceptable use of the Liftango Service. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Liftango Service or any activity we believe is not compliant with our Terms of Use and Liftango Service Privacy Policy.

You must not:
• damage, disable, overburden, or impair the Liftango Service (or any network connected to the Liftango Service);
• resell or redistribute the Liftango Service, Liftango Software or any part of it;
• use any unauthorized means to modify, reroute, or gain access to the Liftango Service;
• harm or disrupt another User’s computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming;
• Mislead other Users by providing inaccurate information.
• use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Liftango Service.

You also agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Liftango Service in any way to:

• Harass, defame, intimidate or threaten another User, person or organization;
• Interfere with another User’s rights to privacy;
• Distribute chain letters, surveys or contests;
• Post any material that is defamatory, obscene or indecent;
• Post any trademarks, logos or copyrighted material without the authorization of the owner;
• Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
• Advertise or sell any goods or services.

ACCOUNTS AND PASSWORDS

You must keep your accounts and passwords confidential and not authorize any third party to access or use the Liftango Service on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.

INTELLECTUAL PROPERTY

The Liftango Service and Liftango Software are the property of Liftango Technology Corporation, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Liftango Service and Liftango Software are proprietary to Liftango. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Liftango Service or Liftango Software; all rights not expressly granted are reserved by Liftango. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Liftango Service or Liftango Software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the Liftango Site, the Liftango Service or the Liftango Software (collectively, “Feedback”), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.

SERVICE AVAILABILITY

We will use all reasonable efforts to provide the Liftango Service in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Liftango Entities or Liftango Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE LIFTANGO SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, LIFTANGO, LIFTANGO PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CARMA SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. LIFTANGO DOES NOT WARRANT THAT THE OPERATION OF THE LIFTANGO SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. Liftango’s entire liability and your exclusive remedy for errors or unavailability of the Liftango Service will be, at Liftango’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Liftango Service.

PERSONAL INFORMATION

I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand Liftango uses online and offline media to publish updates about the program. Liftango will send you regular emails and/ or phone messages to invite you to use the Liftango Service, and to help match you with people along your route. You will also have the ability to interact online with other Participants through the Website, a Facebook page, Twitter, and other media that will be made available by Liftango for that purpose. Your personal information may be used in one of the following ways:

o To sign you up as a Liftango Service user.
o To send periodic, targeted emails or phone messages. You can unsubscribe from such communications at any time by following instructions that are provided in each email, by altering the notification settings in the Liftango smartphone application, or by sending an email to info@liftango.com
o To publish your profile as a Participant, including pictures and status updates that you willingly share with Liftango, and your Liftango Service usage summary, on our Website, Facebook page and Twitter.
o To administer the Incentive Plan.
o To help participants use the Liftango app and find carpool matches.
o To compile aggregated statistics about participation in program and usage of the Liftango Service.
o To use in pilot for research purposes about your travel behaviour

PROGRAM INCENTIVES

Liftango and Trusted Partners may provide incentives and rewards plan that allow users to earn prizes based on your usage of the Liftango Service and your interactions with other Participants or potential Participants.

Incentives may be offered to increase your use of the Liftango Service, help recruit additional Participants, and take part in social activities that strengthen the sense of community among Participants. Incentives are only available to you if you are part of a Trusted network.

The Incentive Plan comprises the following types of incentives, which will be changed periodically in each partner at the discretion of the Liftango administration:
o Sign up bonus:
o Weekly raffles: the entry rules and prizes for each raffle will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above. A random draw may be conducted by Liftango administrators will determine the winner of each raffle.
o Monthly contests: the rules and prizes for each contest will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.
o Additional incentives: additional incentives may be offered to certain Participants on an exclusive or non-exclusive basis to encourage specific actions or behaviours. For instance, select Participants may qualify for additional fuel or parking incentives.
o Milestone Prizes: Participants may be awarded a prize either in the form of a gift card, Liftango rider credits or other prize for reaching a certain milestone. This may include a set number of shared trips, a set number of interactions with other Liftango users etc. Rules for such prizes will be posted on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.

Liftango administrators will make reasonable attempts to deliver prizes to winning Participants, including contacting them by email or phone. Trusted Partners may retain any prize that is not claimed within 60 days of the award date, and reserve the right to verify the validity of entries and to disqualify any Participant who fails to comply with the present Terms and Conditions.

Additionally, you may be liable for costs associated with the car parking when you accept a parking ticket through the Liftango app. Your organisation may have arrangements that require the cost of this parking to be deducted from your salary or wages, by using this app and accepting a parking ticket you are agreeing for our organisation to deduct these costs where required.

MODIFICATIONS/ENHANCEMENTS TO SERVICES

Liftango reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Liftango Services, in its sole discretion. You agree that Liftango will not be liable to you for any modification, suspension or discontinuance of the Liftango Services.

TERM AND TERMINATION

This Agreement begins on the date you complete your registration for the Liftango Service and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at info@liftango.com. We may terminate this Agreement or suspend your User account and/or access to the Liftango Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Liftango Service and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.

CONTACTING US

If you have any questions regarding any legal aspect of this document, please send us an e-mail at info@liftango.com.