These Terms of Use (“Terms of Use” or “Agreement”) apply to use of the MyCommute carpooling service. This Agreement is a legally binding agreement made between you (“you,” “your”) and Liftango Ltd the provider of the MyCommute app (“MyCommute”). Other words used in these Terms of Use are defined below.
Regarding your Employer (For Corporate Services)
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 registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites.
“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use. “MyCommute Entities” means MyCommute and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “MyCommute Partners” means MyCommute service providers, licensees, customers, 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 MyCommute 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, 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 any website through which the MyCommute Services may be accessed. “Trip” means an arranged trip between a Driver and one or more Riders. “User” means any registered user of the MyCommute Services.
The MyCommute Service enables Users to arrange to use Shared Transport, provides a communications platform and other services related to those shared rides.
Use of the MyCommute Service will introduce you to people registered with the MyCommute Service for the purposes of Shared Transport or any other service offered by the MyCommute 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 (see Eligibility Requirements below) for the MyCommute 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 MyCommute Entities or MyCommute Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the MyCommute Services.
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 MyCommute Service. MyCommute reserves the right, in its sole discretion, to refuse or deny access to the MyCommute Service to any individual for any reason or no reason.
A valid email address and email account is required for using the MyCommute Service. It is your responsibility to maintain the validity of this email address and email account. Should your email address change, please record your updated email address in the MyCommute Service. Drivers must download the MyCommute mobile phone application to use the MyCommute Service and must carry their mobile phone with them during Trips in order for the Trips to be registered with the MyCommute 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 MyCommute Service, a mobile device with services from a service provider supported by the MyCommute Software and a plan which allows you access to MyCommute'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 MyCommute Service through your mobile phone. Should your mobile number or service provider change, please record your updated mobile phone information in the MyCommute Service.
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.
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. MyCommute does not necessarily actively monitor feedback and ratings left by Users. MyCommute 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.
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the MyCommute 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.
We reserve the final right to judge acceptable use of the MyCommute 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 MyCommute Service or any activity we believe is not compliant with our Terms of Use and MyCommute Service Privacy Policy.
You must not:
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 MyCommute Service in any way to:
You must keep your accounts and passwords confidential and not authorize any third party to access or use the MyCommute 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.
The MyCommute Service and MyCommute Software are the property of Liftango Ltd, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the MyCommute Service and MyCommute Software are proprietary to Liftango. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the MyCommute Service or MyCommute Software; all rights not expressly granted are reserved by Liftango Ltd. 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 MyCommute Service or MyCommute 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 MyCommute Site, the MyCommute Service or the MyCommute 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.
We will use all reasonable efforts to provide the MyCommute 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 MyCommute Entities or MyCommute Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE MYCOMMUTE 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, MYCOMMUTE, MYCOMMUTE PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE CARPOOL 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. MYCOMMUTE DOES NOT WARRANT THAT THE OPERATION OF THE MYCOMMUTE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. MyCommute’s entire liability and your exclusive remedy for errors or unavailability of the MyCommute Service will be, at MyCommute’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the MyCommute Service.
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 MyCommute uses online and offline media to publish updates about the program. MyCommute will send you regular emails and/ or phone messages to invite you to use the MyCommute 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 MyCommute for that purpose. Your personal information may be used in one of the following ways:
MyCommute 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 MyCommute Services, in its sole discretion. You agree that MyCommute will not be liable to you for any modification, suspension or discontinuance of the MyCommute Services.
This Agreement begins on the date you complete your registration for the MyCommute 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 [email protected].. We may terminate this Agreement or suspend your User account and/or access to the MyCommute Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the MyCommute 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.
This document was last reviewed 13 October, 2023