As of October 12, 2015
GreenPoolTM is a Carpooling Platform conceptualized, designed, developed, operated by Flowerpot Mobility Solutions Pvt Ltd
PLEASE NOTE THAT GREENPOOL DOES NOT PROVIDE TRANSPORTATION SERVICES TO ANY PARTY INCLUDING ITS USERS, AND GREENPOOL IS NOT A TRANSPORTATION CARRIER. IT IS UP TO INDIVIDUAL USERS, BOTH CAR OWNERS AND PASSENGERS, TO OFFER AND ACCEPT TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATIONS OR SERVICES. GREENPOOL OFFERS INFORMATION AND A METHOD TO OBTAIN TRANSPORTATION FOR AND FROM THIRD PARTIES, BUT DOES NOT AND DOES, NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. GREENPOOL ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY OR TO ANY USER AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY USER'S CLAIMS AGAINST GREENPOOL IN CONNECTION WITH SUCH USER'S USE OF THE GREENPOOL PLATFORM, APPLICATIONS AND/OR SERVICES. BY CREATING AN ACCOUNT WITH GREENPOOL AND USING GREENPOOL'S SERVICES, YOU AGREE THAT YOU ARE USING THOSE SERVICES AT YOUR OWN RISK.
REPRESENTATIONS AND WARRANTIES OF USER
By using any of the Applications or GreenPool's Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Applications and/or Services. Without limiting the foregoing, the Services and Applications are not available to minors (persons under the age of 18) under any circumstances, unless such use is incidental to the use of the Services by a person aged 18 or older (for example, a person aged 15 accompanied as a Passenger by a User who is 19 years old). By using the Applications or Services, you represent and warrant that you are at least 18 years old. By using the Application or the Service, 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 in using the Services and/or any of the Applications is for your sole, personal use and those over whom you exercise guardianship or parental authority. You may not authorize others to use your user account with GreenPool and you may not assign or otherwise transfer your user account to any other person or entity. When using the Applications or Services, you agree to comply with all laws applicable in the jurisdiction(s) in which you are using the Applications, and in which your ride originates, terminates, and traverses.
By using the Application and/or the Services, you agree that:
i. You will only use the Services and/or Application for lawful purposes.
ii. You will not use the Services for the purpose of transporting any dangerous weapons (including, not limited to, knives, firearms, incendiary devices, etc.), chemicals, or other objects or substances that may cause harm to, or intimidate or otherwise harass, others, including other Users or members of the public, whether or not you intend to use such objects or substances to cause harm to, or intimidate or otherwise harass, others, including other Users
iii. You will not use the Services for any unlawful or for fraudulent purposes. You will not use the Services to transport illegal drugs.
iv. You will not use the Services when you are intoxicated or otherwise under the influence of any intoxicating or impairing chemical or other substance.
v. You will not use the Services or Application to cause nuisance, annoyance or inconvenience.
vi. You will not impair the proper operation of the Services as GreenPool sees fit.
vii. You will not try to impede or disable the Services or Application in any way.
viii. You will not copy, or distribute the Application or other content published by GreenPool without Flowerpot Mobility Solutions Pvt Ltd's written permission.
ix. You will only use the Application and Services for your own use and will not resell it to a third party.
x. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services.
xi. You will provide us with whatever proof of identity we may reasonably request.
xii. You will only use an access point or 3G data account (AP) which you are authorized to use.
xiii. You are aware that when requesting transportation services by SMS, standard-messaging charges will apply.
LICENSES GRANTED BY Flowerpot Mobility Solutions Pvt Ltd TO GREENPOOL'S WEB SITE, APPLICATIONS, OTHER CONTENT CREATED BY Flowerpot Mobility Solutions Pvt AND TO CONTENT CREATED BY USERS OF GREENPOOL'S SERVICES Subject to your compliance with the terms and conditions of this Agreement, Flowerpot Mobility Solutions grants you a limited, non-exclusive, non-transferable license:
i. to view, download and print any GreenPool Content solely for your personal and non-commercial purposes; and
ii. to view any User Content (defined below) to which you are permitted access solely for your personal and non-commercial purposes. GreenPool does not permit you to sublicense the license rights granted to you.
By creating an account with GreenPool, and using GreenPool's Services, you agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Applications or the content of any part of GreenPool's web site and/or Applications, whether created by GreenPool ("GreenPool's Content") or GreenPool's Users ("User Content", together with GreenPool's Content, the "Platform Content"), except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GreenPool or its licensee and licensors, except for the licenses and rights expressly granted in this Agreement.
LICENSE GRANTED TO USERS
GreenPool may, in our sole discretion, permit Users to post, upload, publish, submit or transmit a variety of information for purposes of GreenPool and/or other Users of its Services (collectively, the "User Content"). By submitting any content to GreenPool that you create, and by making available to you any User Content that other Users may create, regardless of the means of its being available to you, you hereby grant to GreenPool a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Service or Application or in any other non-Service of non-Application medium. GreenPool shall not claim any ownership rights in any User Content except as otherwise provided herein, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content that you create or is otherwise explicitly licensed to you. You may not, however, use any User Content that you do not create, except as otherwise authorized in this Agreement.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Applications. Accordingly, you represent and warrant that:
i. you either are the sole and exclusive owner of all User Content that you make available through the Services or Applications or you have all rights, licenses, consents and releases that are necessary to grant to GreenPool the rights in such User Content, as contemplated under this Agreement; and
the User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or GreenPool's use of
the User Content (or any portion thereof) on, through or by means of the
Services or Applications will infringe, misappropriate or violate a third
party's patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy, or result in
the violation of any applicable law or regulation.
Notwithstanding anything contained herein to the contrary, you agree that GreenPool shall be under no obligation to moderate any user forum or monitor any User Content and that GreenPool has no obligation to delete or otherwise oversee any User Content regardless of who may have created it.
The opinions expressed in any User Content on the GreenPool Platform do not necessarily represent the opinions of GreenPool and/or its affiliates and no representation is made as to the accuracy or suitability of any User Content.
VERIFICATION OF CAR OWNERS AND PASSENGERS
You agree to cooperate with GreenPool with respect to, and provide accurate information to GreenPool in connection with, all background checks, financial checks, and other verification activities that GreenPool may undertake, in its sole discretion, with respect to your account and use of GreenPool's Services. You understand and acknowledge that GreenPool is not obligated to perform any particular verification of any User of GreenPool's Services, including any Passenger or Driver, and that such verification is in GreenPool's sole discretion. You agree to provide GreenPool, upon request, with a copy of your current ￼government issued driver's license (sometimes called a motor vehicle operator's license) or other government issued proof of your identity, and/or proof of your current vehicle insurance coverage and/or details with regard to your motor vehicle including the Vehicle Identification Number of your vehicle.
By creating and maintaining a User's account with GreenPool and by using GreenPool's Services, you consent to GreenPool's performing and/or obtaining a general and/or criminal and/or Department of Motor Vehicles background check (collectively, a "Comprehensive Background Check") with respect to your identity and the information that you have provided to GreenPool. By creating and maintaining a User's account with GreenPool and by using GreenPool's Services, you authorize GreenPool to obtain a Comprehensive Background Check on your identity and to update that Comprehensive Background Check from time to time, in GreenPool's sole discretion. If applicable, by creating and maintaining a User's account with GreenPool and by using GreenPool's Services, you authorize GreenPool to confirm the information that you have provided to GreenPool with respect to your motor vehicle and to obtain verification of its date of manufacture as well as its accident, maintenance, registration and ownership history.
TERM AND TERMINATION
This Agreement is effective upon use of GreenPool's Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your account with GreenPool and opt out of using the Services at any time, for any reason and GreenPool will honor your termination upon its receipt of your written or email notice of termination. Either you or GreenPool may terminate your account by removing your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, GreenPool may remove all of your information from its servers, though it is not obligated to do so, and GreenPool may retain an archived copy of records it has about you as required by law or for other business purposes as GreenPool sees fit.
GreenPool may, in its sole discretion, bar your use of the Services at any time, for any or no reason. Even after your account with GreenPool is terminated, this Agreement will remain in effect.
YOUR PERSONAL INFORMATION
Any personal information that you provide, publish or display ("post") on GreenPool's website or by way of its Application, including any information you send or permit GreenPool to send to other Users, including feedback information, shall be licensed to GreenPool in perpetuity. GreenPool may store this information in its computers and databases as it sees fit. By creating an account with GreenPool and using GreenPool's Services, you consent to GreenPool using your personal information and anything you may post as GreenPool sees fit. You are solely responsible for the information you provide and your interactions with other Users, and you acknowledge that GreenPool is merely a conduit for your information that you may post and share with other Users. When you use the GreenPool Services and Application you agree to provide accurate, current and complete information as requested by GreenPool and other Users, as appropriate. You further agree to maintain and timely update your personal and financial to ensure its accuracy at all times during the Term of the Agreement. You agree that GreenPool and others may rely on information that you provide to GreenPool. You acknowledge that if the information you provide is not accurate, GreenPool has the right to terminate this Agreement and your use of GreenPool's Services.
By accepting this Agreement, a Driver agrees that GreenPool may obtain information about the Driver, including without limitation the Driver's driving record, references and credit information, as well as confirm information regarding the vehicle driven by the Driver in connection with use of the Services. As a Driver, you hereby authorize GreenPool to perform a background check on you, and you further agree to provide any necessary authorization to facilitate GreenPool's access to your official driving record, personal references and credit information, as well as maintenance and insurance records with regard to the vehicle you use while using the Services, from time to time in GreenPool's sole discretion, during the term of the Agreement. Nothing contained herein shall be deemed to obligate GreenPool to conduct any sort of background check on any User, including Drivers.
As part of the functionality of the GreenPool Application and Services, you may be able to create an account and log in via third party service providers such as Facebook. By doing so, you may provide GreenPool with information relating to those third party providers. You may do this by providing your third party login information through the GreenPool Application or by permitting GreenPool to access your third party log in information as is permitted by your third party provider. By doing so, you represent and warrant that you are entitled to disclose your third party account log in information to GreenPool and/or grant GreenPool access to your third party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable your third party account and without obligating GreenPool to pay any fees or making GreenPool subject to any usage limitations imposed by such third party service providers. By granting GreenPool access to any your third party account, you acknowledge that GreenPool may access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it may be available on and through the GreenPool Application via your account, including without limitation any friend, contacts or following/followed lists, and that GreenPool may submit and receive additional information to your third party account as indicated herein. Unless otherwise specified in this Agreement, content derived from your third party account, if any, shall be considered to be information that you agree to share with GreenPool for purposes of this Agreement. Depending on the which of your third party accounts that you choose to share with GreenPool, and subject to the privacy settings that you may have set in each of your third party accounts, personally identifiable information that you post to your third party accounts may be available on and through the GreenPool Application. Please note that if any or all of your third party accounts becomes unavailable or GreenPool's access to your third party accounts is terminated for any reason, then the information that you have provided to GreenPool via your third party account may no longer be available on and through GreenPool's Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. GreenPool makes no effort to review any content you provide via your third party accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GreenPool is not responsible for any violation of any terms of your agreement with respect to any of your third party accounts.
DRIVERS REPRESENTATIONS AND WARRANTIES By using GreenPool's Services, a Driver represents, warrants and agrees that:
i. The Driver is at least 18 years of age.
ii. The Driver possesses a valid driver's license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties as contemplated in this Agreement and by GreenPool's Services, in all jurisdictions in which the Driver uses the Services.
iii. The Driver owns, or has the legal right to operate, the vehicle the Driver uses when accepting Passengers, and Driver's vehicle is in good and safe operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
iv. The Driver is named or scheduled on the insurance policy covering the vehicle the Driver uses when accepting Passengers.
v. The Driver may only operate the vehicle that the Driver has registered with GreenPool as the Driver's vehicle and may not borrow, license, rent, hire or otherwise substitute any other vehicle for the vehicle that the Driver has represented to GreenPool is the Driver's vehicle for purposes of providing a ride to GreenPool Passengers.
vi. The Driver has a valid comprehensive insurance policy for the car. A copy of the Driver's automobile insurance policy may be required by GreenPool and GreenPool may require Drivers to obtain a certificate of insurance from their respective insurance providers naming GreenPool and its officers, shareholders, employees, affiliates, agents, and professionals, as "additional insureds."
vii. The Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle the Driver uses to transport Passengers, including, but not limited to, personal injuries, death and property damages.
viii. In the event of a motor vehicle accident the Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with the Driver's insurance carrier.
ix. In the event of a motor vehicle accident of any sort, regardless of the value of the damage that may have been sustained by any participant in the accident, the Driver shall, within 24 hours of such accident, notify GreenPool of the accident and promptly, but in no event later than five days following the accident, provide GreenPool with written notice of the Driver's insurance carrier, identification of any claims adjuster assigned to the case, a police report, if applicable, and provide the names and identifying information of any and all other participants and witnesses to the accident, whether or not such witnesses or participants has suffered any injury or property damage as a result of the accident.
x. The Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
xi. The Driver will not make any misrepresentation regarding GreenPool, its Applications, the Services or the Driver's status as a Driver, offer or provide transportation service for other Users for remuneration without notifying GreenPool and using GreenPool's Services, nor shall the Driver hold himself or herself out as an agent of GreenPool, or as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Passengers, or engage in any other activity in a manner that is inconsistent with the Driver's obligations under this Agreement.
xii. The Driver will not discriminate or harass Passenger on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
xiii. The Driver is medically fit to drive in accordance with applicable law.
Subject to your compliance with this Agreement, GreenPool grants you a limited non- exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run the Application solely for your own personal use. Furthermore, you agree to operate any mobile Application in compliance with the terms and conditions of the owner and/or operator of the platform from which you download such Application, and use it in compliance with the terms and conditions of the maker of the mobile device on which you use the Application. GreenPool reserves all rights in and to the Application not expressly granted to you under this Agreement.
In connection with your use of the Application and GreenPool's Services, you agree that you shall not
ii. modify or make derivative works based upon the Services or the Application;
iii. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
iv. reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application, or
v. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Application.
You shall not:
i. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
ii. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights;
iii. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
iv. interfere with or disrupt the integrity or performance of the Application or Services or the data contained therein; or
attempt to gain unauthorized
access to the Application or Services or its related systems or networks.
GreenPool has and reserves the right to investigate and prosecute violations of any of the provisions of this Agreement as it sees fit and to the fullest extent of the law. GreenPool may request assistance from, and cooperate with, law enforcement authorities in investigating and prosecuting Users who violate this Agreement. You acknowledge that GreenPool has no obligation to monitor your access to or use of the Services, Application or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Services and Application as it sees fit. GreenPool has the right to take all reasonable steps, as it deems appropriate, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GreenPool reserves the right, at any time and without prior notice, to remove or disable access to any User Content that GreenPool, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Services or Application or offensive to GreenPool or its Users, in GreenPool's sole discretion.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
GreenPool respects laws governing the use and protection of intellectual property and requires its users to do the same and, by creating an account with GreenPool and using its Services, you agree to abide by, and respect, all applicable laws regarding use and protection of intellectual property including copyright, trademark and patent laws. GreenPool reserves the right to terminate the account of any User who, in GreenPool's sole discretion, appear to have infringed upon GreenPool's or other intellectual property rights.
Any fees that the GreenPool may charge you for use of the Application or its Services are due immediately and are non-refundable once paid to GreenPool. This no refund policy shall apply at all times regardless of your decision to terminate your account with GreenPool, our decision to terminate your account, and any disruption or interference with your use of the Application or GreenPool's Services whether planned, accidental, intentional, or otherwise. GreenPool reserves the right to determine applicable pricing for all of the Services and you agree, by using the Services, to be responsible for all fees and financial terms as determined by GreenPool.
GreenPool may, in its sole discretion, make promotional offers with different features and different rates to any of GreenPool's Users. These promotional offers, unless made to you, shall have no bearing on the prices paid by you for any Services you may use. GreenPool may change the fees for our Services as it deems appropriate, for any reason. You are free to discontinue using GreenPool's services if you do not wish to be responsible for the fees collected by GreenPool at any time. We encourage you to check GreenPool's website and the Application you have downloaded to your mobile device to confirm the fees charged for your use of the Services from time to time.
THIRD PARTY REFERRALS AND COMMUNICATIONS
During your use of the Application and Services, you may interact and/or correspond with other Users and you may be referred to GreenPool from third party sources. GreenPool is not responsible for your interaction with any third party and any such activity is solely between you and the relevant third party. By creating an account and using the Services, you agree that GreenPool shall have no liability, obligation or responsibility for any such interaction with a third party, including other GreenPool Users. GreenPool does not necessarily endorse any opinion or communication you may receive or read from any third party, including any other Users,
GreenPool may rely on third party advertising and marketing supplied through the Application or Services and other mechanisms in conjunction with the Application or Services. By creating an account and using the Services, you agree to the terms of this Agreement and agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing and you may cancel your account with GreenPool at any time. GreenPool reserves the right to modify its fee structure for use of the Services should you choose not to receive these advertising services. By creating an account and using the Services, you agree that GreenPool may compile information about you and your use of the Services and use this information in connection with providing the Services and developing the Applications, and may share this information with others who assist GreenPool in providing the Services to you. To the extent you provide any User Content or rely on User Content, and to the extent that you share a ride with any other Users, you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
INSURANCE, LIABILITY AND INDEMNIFICATION
GreenPool maintains a variety of insurance policies intended to protect GreenPool. In some instances, but not all, GreenPool's insurance may also cover certain Drivers and/or Passengers, but GreenPool is not obligated to provide insurance coverage for any of its Users.
These policies may or may not apply to all Users in all states and you are responsible for your own safety and security while using GreenPool's Services. As with any insurance policy, specific insurance terms, limitations, and exclusions apply. GreenPool does not procure insurance for, nor is it responsible for, your personal safety or any personal belongings that you may bring into any vehicle operated or occupied by another GreenPool User.
THIS IS AN UNOFFICIAL PARTIAL DISCUSSION OF GREENPOOL's INSURANCE COVERAGE AND MAY NOT ALWAYS BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING OR ASSURING THAT ANY USERS OR THIRD PARTIES ARE COVERED BY GREENPOOL'S INSURANCE OR THAT THEY ARE THIRD PARTY BENEFICIARIES OF ANY SUCH COVERAGE.
By entering into this Agreement and using the Application or Services, you agree that you shall defend, indemnify and hold GreenPool, its subsidiaries, affiliates, officers, directors, agents, shareholders, Users, employees, and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a. your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein;
b. your violation of any
rights of any third party, including other
Users with whom you interact as a result of your use of the Services or Application, or
c. your use or misuse of the Application or Services.
DISCLAIMER OF WARRANTIES
GREENPOOL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR APPLICATION. GREENPOOL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES OR APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GREENPOOL. GREENPOOL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD
PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GREENPOOL'S SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GREENPOOL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GREENPOOL AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). GREENPOOL AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES OR APPLICATION, EVEN IF GREENPOOL AND/OR ITS AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS, AGENTS AND LICENSEES OR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GREENPOOL MAY PROVIDE THE SERVICES TO YOU FOR THE PURPOSES OF PROVIDING A MATCH BETWEEN USERS WHO SEEK TRANSPORTATION BUT IS NOT PROVIDING THE TRANSPORTATION SERVICES TO YOU OR ANY USER DIRECTLY. GREENPOOL WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY TRANSPORTATION PROVIDERS (DRIVERS) EXCEPT AS EXPRESSLY SET FORTH HEREIN AND YOU EXPRESSLY WAIVE AND RELEASE GREENPOOL FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USER WHO PROVIDES TRANSPORTATION SERVICES TO YOU. YOU ACKNOWLEDGE THAT ANY PARTY PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH THE APPLICATION OR SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TO OFFER TRNSPORTATION SERVICES AS A CHAUFFEUR OR COMMERCALLY LICENSED DRIVER. GREENPOOL IS NOT OBLIGATED TO BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROVIDER OF TRANSPORTATION SERVICES OR BETWEEN YOU AND ANY OTHER USER OF GREENPOOL'S SERVICES. GREENPOOL CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND ANOTHER USER, EXCEPT AS SET FORTH HEREIN. YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED VIA THE APPLICATION AND ALL RESPONSIBILITY AND LIABILITY (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU WHETHER YOU ARE A DRIVER OR A PASSENGER. YOU USE THE APPLICATION AND SERVICES AT YOUR OWN RISK. EXCEPT AS OTHERWISE SET FORTH HEREIN, GREENPOOL WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF OTHER USER OF THE SERVICES TO INTERACT WITH YOU IN ANY WAY. YOU EXPRESSLY WAIVE AND RELEASE GREENPOOL FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE USERS WITH WHOM YOU ARE MATCHED BY GREENPOOL. YOU ARE ALWAYS FREE TO OPT NOT TO ACCEPT GREENPOOL'S SUGGESTION OF A MATCH WITH ANY OTHER USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICES, YOU MAY BE EXPOSED TO SITAUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICES AT YOUR OWN RISK.
GreenPool may give notice by means of a general notice on the Services, electronic mail to your email address on record in GreenPool's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GreenPool (such notice shall be deemed given when received by GreenPool) at any time by any of the following: letter sent by post to GreenPool at the following address: 1G Block 5, Ceebros Orchid, 33 Velachery Main Road, Velachery, Chennai, India 600 042
This Agreement may not be assigned by you without the prior written approval of GreenPool but may be assigned without your consent by GreenPool to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger whether voluntarily or by operation of law. Any purported assignment in violation of this section shall be void.
By entering into this Agreement and using GreenPool's Application or Services, you agree that you shall defend, indemnify and hold GreenPool, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
By entering into this Agreement and using GreenPool's Application or Services, you agree that this agreement is governed by the laws of the state of Tamilnadu in India.