GENERAL CONDITIONS OF USE
The app for iOS and Android called “UP2GO” and its related website “up2go.it” are implemented and managed by UP2GO s.r.l. (the “Owner”) whose legal office is in Via Gramsci 20 – 42020 – S. Polo d’Enza (RE), VAT number 02593820356.
The UP2GO app and its related website are a carpooling solution which facilitates taking and offering car lifts between users belonging to the same community (company, association, etc.).
ACCEPTING THE GENERAL CONDITIONS OF USE
Using the app and the website is subject to the acceptance of these General Conditions of Use. When registering their own account, users shall accept explicitly these Conditions. This acceptance is integral and indivisible.
In the event of breaking one of the obligations under these Conditions, the Owner reserves the right to cancel the user’s account.
Owner reserves the right to modify at any moment the General Conditions of Use, the features described on the website or the operating rules of the provided service. Modifications shall apply after the online publication of the new Conditions which shall be explicitly approved by users.
In order to use the service, users shall receive access credential from the contact person of their own community.
Users can download for free the app from iTunes (iOS version) and Google Store (Android version) and register with their own username (personal code).
After registering, users shall fill in their own account with the following information: telephone number, physical address, email address, workplace, car model and registration plate.
Thereafter, users can ask for or offer a lift as passengers or drivers: UP2GO will show users who share similar itineraries (o sections of them). These users can communicate directly though instant messaging systems or via telephone in order to agree on the lift.
No payment or reimbursement amongst users is expected: any rewards or benefits shall be provided from communities to users and shall be under the complete responsibility of these communities.
Users register to the service by using their own personal code, thus activating the account provided by their own community. Users are responsible for their own account’s confidentiality and for any actions taken on that account or through it, and accepts to immediately inform UP2GO about any security violations of their account.
UP2GO shall not be held responsible for any losses arising from the unauthorized use of an account. Users undertake to provide actual data and accept to update their registration data in order to keep them accurate and complete.
Users undertake to use the service solely for communicating purposes on a non-professional and non-commercial basis.
Drivers and passengers shall bear all risks from last-minute cancellations or modifications.
Drivers undertake to be covered by a car insurance under the applicable law and to hold a regular driving license. Drivers shall also make sure that their own car insurance covers also any damages suffered by the passenger in any accidents.
Users are responsible for any representations on lifts offered or asked for in connection to calculating any credits to be claimed within their community. Similarly, users are accountable for any representations in connection to using data on app usage to draft statistical reports for their community.
LIABILITIES OF UP2GO S.R.L.
Owner can be held liable for any incorrect or fraudulent information shared with users.
Owner cannot be held liable for the professional or commercial usage of the services described on the website.
Owner cannot be in any way held responsible for any financial consequences arising from lack of any insurance coverage granted by the insurance company to the driver in the event of any accident.
Users (drivers and passengers) shall act under their own exclusive responsibility: the actual completion of the itinerary agreed on by driver and passenger is not under the responsibility of Owner. Owner offers a mere mediation service.
Notably, Owner cannot be held responsible for any inconveniences arising out from:
- Disclosure by the driver of any incorrect information about the itinerary and how it is implemented;
- Cancellation of the itinerary by the driver or the passenger;
- Any fraudulent action or negligence of the driver/passenger during, before or after the completion of the itinerary.
Owner undertakes to make sure that the app, the website and the service are active and run 24/7. Nonetheless, it may happen that the access to the website or the service is subject to maintenance operations, physical or IT updates, urgent repairs to the website, as well as after any circumstances beyond Owner’s control (such as, for instance, malfunctioning of connections and telecommunication systems due to grid overload or any other violations). Owner undertakes to take any reasonable measures to limit these malfunctions, if they would be under their own responsibility.
Users acknowledge and accept that Owner does not take any responsibilities in their regards for any unavailability, suspension or interruption of the website and the service and that Owner cannot be held responsible for any direct or indirect damages of any nature arising from that.
LINK TO THIRD PARTIES’ WEBSITES
UP2GO s.r.l. is not accountable for the content of third parties’ websites and services, for any links to third parties’ websites and services, or for any changes or updates to third parties’ websites and services. If UP2GO s.r.l. provides a link and/or access to third parties’ websites or services, this shall be intended solely to ensure the client’s convenience. Moreover, using any links or access does not entail any acceptance of third parties’ website or services by UP2GO s.r.l.
REQUIREMENTS TO USE THE SERVICE
Users acknowledge and accept that the UP2GO app and the related website, which includes for instance graphics, user interfaces, audio and video materials, editorial content, as well as the script and the software used to implement the service, contains information under private rights and materials whose owner is UP2GO. Moreover, users acknowledge and accept that the app and website are protected by laws on intellectual property and other applicable law, including but not limited to copyright. Users accept to use this private information and materials solely to use the service under the provisions of this agreement. No section of the app or the website can be reproduced in any form or by any means except as explicitly allowed in these Conditions. Users accept not to modify, rent, lease, borrow, sell, distribute or create derivative works based on the app or website, in any way, and not to use the application in any unauthorized way.
Notwithstanding the provisions of this agreement, UP2GO reserves the right to change, suspend, remove or disable access to the app without notice. In any case UP2GO shall be held responsible for these changes. UP2GO can also impose restrictions on use or access to some functions or sections of the service in any case and without notice or liability.
All copyrights on the app and website belong to UP2GO. Using every functions of the services in any ways that are not allowed by these terms and conditions is strictly forbidden and violates the intellectual property rights of third parties. Whoever does that can face civil and criminal sanctions, including any monetary damages, for violating copyright.
GUARANTEE WAIVER; LIMITED RESPONSIBILITY
1. UP2GO shall provide the service with reasonable duty and diligence. UP2GO does not take any other commitments or guarantees related to the services and, notably, does not guarantee that:
(i) The use of the service by users will be without interruptions nor errors. Users accept that UP2GO can from time to time remove the service for an indefinite time or cancel the service at any moment for technical or operational reasons with previous notice as far as possible;
(ii) The service will be exempt from losses, damages, attacks, viruses, interferences, hacking activities or any other intrusions in the security systems, which will be deemed as Force Majeure causes. UP2GO waives any responsibility related to what listed above.
2. Without prejudice to what provided in the following Section (iv) or in the event that users are exercising any rights of reimbursement or indemnity, in any case UP2GO, its directors, contractors, affiliates, agents, stakeholders, customers or licensors shall be held responsible for losses or damages caused by UP2GO, its contractors or agents whenever:
(i) UP2GO, its contractors or agents are not in breach of any lawful obligations of due diligence toward users;
(ii) This loss or damage is not a reasonably foreseeable result of one of the aforementioned violations;
(iii) Any increase of the damage or loss comes from the user’s breach of any provisions of this agreement;
(iv) Follows the decision by UP2GO to remove, reject or be wary of any information or content, to suspend or interrupt access to the service for users or to implement any other action during an investigation related to any alleged violation or after UP2GO has concluded that a breach of this agreement has been made;
(v) Refers to the loss of income, business or profits, or to losses or cancellation of data related to the use of service by users.
3. UP2GO shall make any reasonable efforts in order to protect the information provided by users in connection with the service, including the protection coming from fraudulent actions.
4. No section of this agreement excludes or limits UP2GO liability for fraud, negligence or intention, or for death or personal injury.
5. If users breach this agreement, they shall be liable towards UP2GO, its directors, contractors, affiliates, agents, stakeholders, customers or licensor for any claims arising out of the breach. Users shall also be liable for any action taken by UP2GO during an investigation on an alleged breach of this agreement or as a result of assessing an actual breach of this agreement.
UP2GO reserves the right in any moment to modify this agreement and to impose new or further terms and conditions related to the use of service by users. These modifications and further terms and conditions will be notified to users and, if accepted, shall have immediate effect and shall be incorporated in this agreement. In the event of users refusing to accept these modifications, UP2GO shall have the right to terminate the agreement.
If any section of this agreement is deemed to be invalid or inapplicable, they shall be construed, in line with the applicable law, to reflect parties’ presumed intentions. The remaining provisions shall remain in full force. UP2GO not exercising its own rights and the provisions under this agreement does not represent a waiver of such rights or provisions. UP2GO is not liable for any breach of its own obligations caused by any events out of its reasonable control.
UP2GO can send communications about the service via email to the user’s email address, via physical mail to the user’s physical address provided by users in their account, or via a message. Communications shall have immediate effect.
UP2GO reserves the right to take any actions deemed necessary or appropriate to enforce and/or verify the compliance of any provisions under this agreement. Users accept that UP2GO has the right, without taking any responsibility, to disclose registration data and/or information of an account to public authorities, public officials and/or third parties, to the extent UP2GO will deem necessary or appropriate to enforce and/or verify the compliance of any provisions under this agreement (including but not limited to the right of UP2GO to cooperate in any legal actions on the use of the service and/or UP2GO products by users, and/or with third parties alleging that the use of the service and/or UP2GO products by users is unlawful and/or violates third parties’ rights).