Thank you for signing up with (www.carpoolmy.com). This website is owned and operated by www.carpoolmy.com. This User Agreement (“Agreement”) is a legally binding agreement made between you (“You”, “Your”, “Yourself”) and www.carpoolmy.com. (“Carpoolmy”, “Carpoolmy.com”, “www.carpoolmy.com”, “We”, “Us”, “Our”), and describes the terms and conditions that will govern the use and participation of the services available under the domain and sub-domains of www.carpoolmy.com (the “Website”)
By accessing and using the Website in any way (including all related sites, services and tools), you agree to the following terms, including those available by hyperlink, without limitation or qualification. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services or register for the services provided on the site.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, you represent and warrant that you are at least 18 years old. By using the Site or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity.
To access the services provided by the Website, You must register for the service. Registration is free, however, an administration fee will be chargeable upon successful matching of participants (“Finders Fee”)
Carpoolmy.com only offers a service, which matches drivers and passengers living in the same estate. Carpoolmy.com does not offer transportation services and We are not a transportation company. As a result, we have no control over the quality or safety of the transportation that occurs as a result of this carpooling service; nor do we have any control over the truth or accuracy of the of Participants’ information provided by users. As such, there is no warranty that a Driver or Passenger will actually complete an arranged service or complete it in a timely manner. We cannot guarantee the timeliness of the service. Payment fees for the carpool service is negotiated up front prior to any acceptance of service, and is payable directly to the drivers at the start of each month. We will also not be responsible for any drivers who fail to complete an arranged service and will not provide refunds.
This Agreement is effective upon acceptance in registration for new Users and for all Users upon the posting dates of any subsequent amendments to this Agreement. You may terminate your participation in the use of this Website at any time, for any reason upon receipt by Us of Your written or email notice of termination. We may terminate your participation in our Website by removing Your Information at any time, for any reason, without explanation, effective upon sending You written or email notice. Upon such termination by Us, We maintain sole discretion to discontinue Your use of the Website in the future, for any reason that We determine. Even after termination, this Agreement will remain in effect.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; or (b) your violation of any law or the rights of a third party, including, without limitation, any allegation that any materials that You submit to Us or transmit to the Service or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.
WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT MAKE ANY WARRANTIES ON THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.
YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our service, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with our site, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We only conduct basic screening and this screening is not exhaustive. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of the site or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of the site or the services, or introduced to you via the site or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to RM100 (Malaysia ringgit one hundred).
In the event that You have a dispute with one or more Users, You agree to release Carpoolmy.com (and www.carpoolmy.com, our officers, directors, agents, sub sidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or the Services.