PART A – GENERAL TERMSTHIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH Akila Event AB., OFFERS YOU ACCESS TO THE Åk Ihop PLATFORM.
1. Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Res Ihop (the "Res Ihop Platform"), an application owned and operated by Akila Event AB VAT SE556290-5538, whose office is located at Wemevägen 38, 136 71 Vendelsö, SWEDEN. In this Agreement, Res Ihop refers to the Res Ihop Platform and/or Akila Event AB, as the context so requires. The Agreement, User Agreement or Terms of Service, individually and interchangeably refer to the updated/revised terms of service for Res Ihop Platform, as periodically revised/updated and made available on the Res Ihop Platform.
2. Res Ihop Platform would mean and refer to the application, that enables carpooling, such as through a Mobile App, Progressive Web App with a customer support base.
3. This Agreement, entered into between You and Res Ihop is a legally binding agreement made between you ("You," "Your," or "Yourself") and Res Ihop. ("Åk Ihop," "We," "Us" or "Our"). The Agreement refers to the collective terms set out in this part, Part A and Part B, herein under.
4.We reserve the right to amend this Agreement from time to time and we shall post the updated terms on the Res Ihop Platform and webpage www.resihop.com . When We post amended terms on the Res Ihop Platform or www.resihop.com , You agree that, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Res Ihop Platform or www.resihop.com.
5.Your use and access, to the Res Ihop Platform is licensed by Res Ihop and Akila Event AB only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Res Ihop Platform, You confirm that You understand this Agreement and accept all of its terms. Any use of the Res Ihop Platform without accepting the terms of the Agreement shall be deemed as illegal and unauthorised use of the Res Ihop Platform. Should You choose not to accept to the terms in this Agreement, You shall not sign up with or use the Res Ihop Platform.
6.This paragraph applies to any version of the Res Ihop Platform that You acquire from the Google Play Store and/or Apple Inc.'s App Store or through the Web application hosted by the company. Google Play and/or Apple Inc.'s App Store is not a party to this Agreement and shall have no obligations with respect to the Res Ihop Platform. Res Ihop, not Google and/or Apple Inc., is solely responsible for the Res Ihop Platform and the content thereof as set forth hereunder. However, Google and Google's Play Store and/or Apple Inc. and Apple Inc.'s App Store subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google and/or Apple Inc. shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google and/or Apple Inc., for purposes of which, You are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall apply.
7.The Res Ihop Platform provides a means to discover and connect people traveling in their private vehicle on the same route same time as per the individual preferences. Instead of traveling separately on individual vehicles, users can pool and reduce vehicles from the road. Users can either offer carpool (“Carpool Givers”) or find carpool (“Carpool Takers”). “Carpool Takers” and “Carpool Givers” are matched based on their route and time. It is clarified that the Res Ihop Platform is intended to be used only on private vehicles by Carpool Givers (irrespective of the Carpool Givers being the owner of such vehicle or otherwise) who are not registered as public service vehicle/taxi operators. The Res Ihop Platform is not meant for and does not in any manner permit the use thereof by Carpool Givers as Taxi service or use of any vehicle through the Res Ihop Platform as a public service vehicle or contract carriage or a stage carriage vehicle. For purposes of this Agreement the services relating to connecting a Carpool Giver with a Carpool Taker for private vehicle rides shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern Your use of and participation in the Res Ihop Platform.
8.Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in Res Ihop and a User of Services available on the Åk Ihop Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
- 9.1. “Account” is the user account that needs to be created by each user of Res Ihop for registration and usage.
- 9.2. “Confidential Information” shall carry the meaning as provided in Clause 38.1.
- 9.3. “Content” shall carry the meaning as ascribed in Clause 36.3.
- 9.4. “Member” means any user of the Res Ihop platform, who has downloaded the Res Ihop application, and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest of ride-sharing/offering private vehicle for ride becomes a member of the Res Ihop platform. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by Res Ihop.
- 9.6. “Carpool Giver” is an individual (registered on our platform) who is using a Ride Vehicle to travel on a particular route and at a particular time for their own purpose, and willing to share the empty seats with other like-minded persons/colleagues/professionals or such other persons, rather driving alone, with the intent to reduce the vehicles on the road and reduce traffic congestion and pollution, and have no intention to earn income for sharing the rides. The Carpool Giver or anyone claiming under or through them, shall not be registered as a driver or a public service vehicle operator /stage carrier or contract carrier or taxi operator. The Carpool Giver shall be legally eligible to drive the Ride Vehicle in Norway.
- 9.7. “Ride Vehicle” shall mean the vehicle intended to be used by a Carpool Giver to provide a ride to a Carpool Taker (as defined below), which is vehicle is owned by the Carpool Giver and listed on the Res Ihop Platform by such Carpool Giver and is not registered as a taxi, stage carrier, contract carrier or public service vehicle.
- 9.8. “Carpool Taker” is the Individual who is looking to travel to a place at a particular time, and who is willing to join others rather taking own/adding more vehicles to congested roads. They are socially conscious and would like to prefer Carpool options than adding vehicle to road. They prefer to participate in carpooling in rotation or share ride costs (Such as fuel) with Carpool Givers.
- 9.9. “SNS Content” shall mean such content as defined in Clause 26.5.1.
- 9.10. "Submissions" shall carry the meaning as provided in Clause 33.4.
- 9.11. “Third Party Account” shall mean such account(s) as defined under Clause 26.1.
- 9.12. “Third Party Sites”, “Third Party Applications, Software or Content” shall carry the meaning as ascribed in Clause 36.4.
- 9.13. “Your Information” shall carry the meaning as ascribed in Clause 28.1.
10.The terms mentioned above are applicable based on role of the users for the ride. Same user can be “Carpool Giver” and “Carpool Taker” as well. The terms applicable as per the role played for the shared ride. Terms that are not defined, shall carry their dictionary meaning.
11.RES IHOP DOES NOT PROVIDE PUBLIC OR PRIVATE TRANSPORTATION SERVICES, AND RES IHOP IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE “CARPOOL GIVER” OR RIDE VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A “CARPOOL TAKER” CONTACTED THROUGH THE RES IHOP PLATFORM, AND IT IS UP THE “CARPOOL TAKER” TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY “CARPOOL GIVER” CONTACTED THROUGH THE RES IHOP PLATFORM. ANY DECISION BY A USER (CARPOOLGIVER OR CARPOOL TAKER) TO OFFER OR TAKE RIDE ONCE SUCH USER IS MATCHED THROUGH THE RES IHOP PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. RES IHOP OFFERS INFORMATION AND A METHOD TO DISCOVER AND CONNECT “CARPOOL GIVERS” AND “CARPOOL TAKERS” WITH EACH OTHER, BUT DOES NOT INTEND TO AND DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY “CARPOOL TAKER” BY ANY “CARPOOL GIVER” USING THE RESIHOP PLATFORM. YOU AGREE THAT RES IHOP PLATFORM ONLY PLAYS A TRANSIENT ROLE IN PROVIDING A TECHNOLOGICAL PLATFORM FOR CONNECTING YOU WITH A CARPOOL GIVER/ CARPOOL TAKER.
12.RES Ihop represents the information platform designed and intended only for use as a platform for carpooling by interested users to find, connect with and join other suitable users interested in sharing rides.
13.Sharing refers to joining (or allowing to join) another person, with a similar objective of sharing a vehicle for travel on a common route agreed by both parties, with or without using the Res Ihop platform. Ride-sharing may or may not be accompanied with ride cost sharing among the travelling parties details of which will need to be agreed between both parties, before they decide to ride-share. Ride Vehicle Owner (Carpool Giver) represents the vehicle owner who is the registered and legal owner of the vehicle that is intended to be used for the act of sharing (defined above) through the Res Ihop platform
14.Carpool Takers joining the Ride Vehicle Owner (Carpool Giver) through the Res Ihop platform, for the express intention of ride-sharing only (that may or may not include ride cost-sharing, as mutually agreed)
15.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, both directly or otherwise. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Åk Ihop Platform and/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.
16.You represent that You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Res Ihop for accessing the Services. You are solely and fully responsible for all activities that occur under account. Res Ihop has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your account or You suspect any other breach of security, You will contact Us immediately.
17.CARPOOL GIVER AND CARPOOL TAKER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS. By using the Services, the Carpool Giver represents, warrants the following to both Res Ihop and any Carpool Taker and agrees that :
- 17.1. Such Carpool Giver is at least 18 years of age.
- 17.1.2. Such Carpool Giver possesses a valid Driving license issued by the relevant govt. authority and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to drive/ride the Ride Vehicles in all jurisdictions in which such Carpool Giver uses the Services.
- 17.1.3. Such Carpool Giver owns, or has the legal right to operate, the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers , and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- 17.1.4. Such Carpool Giver is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/ contract carrier or tourist vehicle.
- 17.1.5. Such Carpool Giver is named or scheduled on the insurance policy covering the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers.
- 17.1.6. Such Carpool Giver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Ride Vehicle to cover any anticipated losses related to such Carpool Giver’s provision of rides to Carpool Takers.
- 17.1.7. Such Carpool Giver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such Carpool Giver uses to transport Carpool Takers, including, but not limited to personal injuries, death and property damages.
- 17.1.8. In the event of a motor vehicle accident such Carpool Giver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Carpool Giver’s insurance carrier
- 17.1.9. Such Carpool Giver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- 17.1.10. Such Carpool Giver will not make any misrepresentation regarding Res Ihop, the Res Ihop Platform, the Services or such Carpool Giver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Carpool Takers, or engage in any other activity in a manner that is inconsistent with such Carpool Giver’s obligations under this Agreement.
- 17.1.11. Such Carpool Giver will only accept Carpool Takers using the Ride Vehicle that has been reported to and added on Res Ihop platform.
- 17.1.12. Such Carpool Giver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- 17.1.13. Such Carpool Giver is medically fit to drive in accordance with applicable law and holds a valid driving license.
- 17.2 The Carpool Giver further agrees, represents and undertakes to both Res Ihop and a Carpool Taker:
- 17.2.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity including the use of Alcohol or other substances deemed illegal by law in represented country where using Res Ihop platform
- 17.2.2. That they will procure for the Ride Vehicle, a insurance policy, which provides insurance cover to the occupants (including, but not limited to, Carpool Takers / Co-Travellers) in the Ride Vehicle and covers third party liability.
- 17.2.3. That they will present themselves on time and at the place agreed with the specified Ride Vehicle;
- 17.2.4. That they will immediately inform all Carpool Takers of any change whatsoever to the Trip.
- 17.2.5. If one or more Carpool Takers have made a booking and the Carpool Giver decides to change any aspect of the Trip, the Carpool Giver undertakes to contact all Carpool Takers who have made a booking in relation to that Trip and to obtain the agreement of all Carpool Takers to the change.
- 17.2.6. If a Carpool Taker refuses the change, they are entitled to a full refund and without any compensation being given to the Carpool Giver.
- 17.2.7. The Carpool Giver self-declares that he/she complies fully with all legal requirements of owning and driving the Ride Vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and/or a valid car inspection certificate.
- 17.2.8. The Carpool Giver must comply with agreed timings and reach the pickup point on time or keep the Carpool Takers informed in case of any unforeseen delay. The Carpool Giver shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the Carpool Giver must keep the Carpool Takers informed of any such change before the deviation, and at the earliest possible time.
- 17.3. The Carpool Taker agrees, represents and undertakes to both Åk Ihop and a Carpool Giver:
- 17.3.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- 17.3.2. That they will present themselves on time and at the place agreed with the Carpool Giver;
- 17.3.3. That they will immediately inform the Carpool Giver or Res Ihop if they are required to cancel a Carpool.
- 17.3.4. That they will comply with the Good Conduct Charter at all times.
- 17.3.5. The Carpool Taker agrees to wait at the pickup point at the agreed time for the Carpool Giver to arrive.
- 17.3.6. That they will share the ride cost with the Carpool Giver by paying driver through Res Ihop platform.
- 17.3.7. The Carpool Giver agrees and undertakes to take out and maintain a insurance policy to cover third party liability, the occupants of the Ride Vehicle and the Trip offered or booked through the Site/Åk Ihop Platform.
- 17.3.8. The Carpool Giver agrees that they will, on request, provide the Carpool Taker with evidence, in advance of the Trip, of the complete validity of its insurance policy.
- 17.3.9. The Carpool Giver also undertakes to hold a valid driving license and that the Carpool Giver will own or will be entitled to use the Ride Vehicle and that the Ride Vehicle will have a valid vehicle inspection certificate and the Carpool Taker is entitled to request evidence of the Carpool Givers insurance, registration certificate (log book), driving licence and car inspection certificate at any time up to completion of the Trip.
- 17.3.10. It is the Carpool Givers responsibility to ensure that their insurance provides adequate cover to Ride for the trip. It is up to each Carpool Giver and Carpool Taker to confirm with each other that the Carpool Giver & Carpool Takers are covered by valid insurance. The Carpool Giver must confirm that their insurance policy allows them to carry Carpool Takers and that their insurance policy covers all Carpool Takers in case of any accident or incident, which may occur during a Trip.
18. With respect to Your participation on the Res Ihop Platform or through the Services, You agree that You will not:
- 18.1. Impersonate any person or entity;
- 18.2. "Stalk" or otherwise harass any person;
- 18.3. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents of Res Ihop platform;
- 18.4. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- 18.5. remove any copyright, trademark or other proprietary rights notices contained in the Service;
- 18.6. interfere with or disrupt the Services or the Res Ihop Platform or the servers or networks connected to the Services or the Res Ihop Platform;
- 18.7. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 18.8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- 18.9. "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Res Ihop Platform in order to direct any person to any other web site for any purpose; or
- 18.10. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
- 18.11. You further agree that Your Information and Your interactions on the Res Ihop Platform shall not:
- 18.12. be false, inaccurate or misleading (directly or by omission or failure to update information);
- 18.13. infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- 18.14. violate any law, statute, ordinance or regulation;
- 18.15. be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
- 18.16. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- 18.17. include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
- 18.18. contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 18.19. create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
- 18.20. link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your Res Ihop account and/or ID to any other party. We reserve the right, but We have no obligation to reject any Participant that does not comply with these prohibitions.
19. Notwithstanding anything in the foregoing, Members agree and accept that all of the information they provide to Res Ihop when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Åk Ihop or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by Res Ihop, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person. Åk Ihop reserves the right to suspend the account or apply penalty for the users who violate the intended use and terms and conditions.
20. Without prejudice to anything stated herein, the Site and the Services are strictly limited to providing a Platform Service for Carpool givers and Carpool Takers to connect them and help them share a car in a private capacity. The Services shall not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services shall be used only to offer or accept car sharing in exchange for money to share the cost of the ride between the Carpool Giver and the Carpool Takers. Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owners insurance and invite adverse legal actions by the road transport authorities. Res Ihop shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Carpool Giver and the Carpool Taker. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and Res Ihop shall have no liability towards Members for such violations.
21. If the Carpool Taker or Carpool Giver fail to comply with any of these terms or any other Conditions Res Ihop reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Members access to the Site, in addition to enforcing such other rights and remedies available under law, that it may explore. That they shall ensure that all other persons who accompany the Carpool Taker in the Trip comply with these Conditions as applicable to a Carpool Taker.
22. VERIFICATION OF IDS AND PHONE NUMBER:
- 22.1. By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that Res Ihop may collect IDs / documents belonging to them including but not limited to Driving License, Passport, and ID Card, or other relevant proof-of-identity documents - for the purpose of verification of the information contained in such IDs / documents by third party service providers.
23. PAYMENT SYSTEM: To support carpooling system among vehicle owners, Res Ihop sharing system implemented following payment system, detailed explanation whereof is provided as Part B to this Agreement.
- 23.1. The Carpool Takers shall link designated e-wallets at the time of creation of an Account and shall not be able to initiate/participate in a Trip/Ride without linking their respective e-wallets since the payment system as regards the sharing of costs between the Carpool Giver and the Carpool Taker cannot be done as cash transactions and shall only be recorded transfers via e-wallets, UPI, Debit Cards, Credit Cards and Net Banking instruments.
- 23.4. If any violation observed such as failure/refusal to pay for a Ride etc, then the company reserves the rights to either suspend the account(s) of the user(s) or penalized up to SEK. 1000/-, to be appropriately remitted into the Carpool Giver’s account.
24. SAFETY: You are responsible for your safety with regard to the carpooling and undertaken using Res Ihop Platfrom. Res Ihop Platform is only a technology enabled social platform that helps you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use ResIhop responsibly and safely, REs Ihop provides you with multiple matches based on your routes and it is upto the Carpool Giver and Carpool Taker to choose their carpool partners.
25. RESTRICTED ACTIVITIES
- 25.1. You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate
- 25.2. Your participation in the Res Ihop Platform if You have misused the Res Ihop Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
- 25.3. Carpooling with family members with the intention of exploiting the platform and its offers is prohibited.
- 25.4. Res Ihop Platform is developed to permit; and can only be used to take two (2) trips by a Carpool Giver and/or Carpool Taker in 24 hours of a calendar day. Any attempt to increase the number of trips by an individual either directly or indirectly (by creating alias profiles) would be deemed as breach of these terms warranting immediate suspension/termination of the account without any further notice.
26. SOCIAL MEDIA AND NETWORKING SITES
- 26.1. As part of the functionality of the Res Ihop Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a "Third Party Account") by either:
- 26.2. Providing Your Third Party Account login information through the Res Ihop Platform; or
- 26.3. Allowing Res Ihop to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
- 26.4. You represent that You are entitled to disclose Your Third Party Account login information to ResIhop and/or grant Res Ihop 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 Third Party Account and without obligating Res Ihop to pay any fees or making Res Ihop subject to any usage limitations imposed by such third party service providers.
- 26.5. By granting Res Ihop access to any Third Party Accounts, You understand that
- 26.5.1. Res Ihop may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the "SNS Content") so that it is available on and through the Res Ihop Platform via Your account, including without limitation any demographic, image, friend, contacts or following/followed lists, and
- 26.5.2. Res Ihop may submit and receive additional information to Your Third Party Account as indicated herein.
- 26.5.3. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information (as defined below) and Your Content for purposes of this Agreement.
- 26.5.4. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the ResIhop Platform.
- 26.6. Please note that if a Third Party Account or associated service becomes unavailable or the Res Ihop Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Åk Ihop Platform.
- 26.7. 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. Res Ihop makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Res Ihop is not responsible for any SNS Content
27. ÅK IHOP E-MAIL, TEXT, IN-APP Notifications
- 27.1. E-mail communications, In-App Notifications, and text messages sent from Us or through Us are designed to make Your Res Ihop experience more efficient.
- 27.2. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications, In-App Notification and text messages initiated from Us or through Us, which include, without limitation: message notification, e-mails, offers from partners to Res Ihop or text messages informing You about potential available Carpool Givers or Carpool Takers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide.
- 27.3. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. Res Ihop reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications, In-App Notifications or text messages, you may not use the Services.
- 28.1. Your Information is any information You provide, configure, publish or display ("post") to the Res Ihop Platform or send to other Users in the registration, or through ride creation, or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information").
- 28.2. Your Information will be stored on computers controlled by Res Ihop But not hosted by Res Ihop and for the purposes of effective use of the Res Ihop Platform.
- 28.3. You consent to Us using Your Information to create a User account that will allow You to participate in the Services.
- 28.4. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information.
- 28.5. When You use the Res Ihop Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement.
- 28.6. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
- 28.7 You agree that Res Ihop can use your information from time to time to recognise top Carpool Givers and Carpool Takers and their contribution to raise awareness about the benefits of Carpooling.
29. By accepting this Agreement, a Carpool Giver agrees that:
- 29.1. We may Require you as a carpool giver or rider to supply us with any other information for the use of the Res Ihop platform, for instance the Carpool Giver’s/Riders driving record, references and credit information. This information will only serve as enhancing the rides experience and Rider or Driver can deny that info thereby forgoing any updates needed
- 29.2. A Carpool Giver hereby, expressly, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on Carpool Giver, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate Our access to the Carpool Giver’s official driving record, references and credit information during the term of the Agreement.
- 30.1. Location data collected and provided by the Res Ihop Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Res Ihop, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
- 30.2. Any of Your Information, including geolocational data, You upload, provide, or post on the Res Ihop Platform may be accessible to Users of the Res Ihop Platform.
- 30.3. We cannot verify or guarantee the accuracy of the information Users provide Us on the Res Ihop Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, Res Ihop cannot and does not confirm each User’s purported identity.
- Res ihop do its to make Verify information supplied by users of the Res Ihop Platform
- 30.4. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Res Ihop Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the Res Ihop Platform, You agree to accept such risks and Res Ihop is not responsible for the acts or omissions of users on the Res Ihop Platform.
32.PROPRIETARY RIGHTS Akila Event AB 559260-5538 owns and retains ownership in the Res Ihop Platform, via the interface of the Res Ihop Platform and the Site including the source codes thereof, and all intellectual property in respect thereof therein. Contingent upon Your compliance with the terms and conditions of this Agreement, Res Ihop hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Res Ihop Platform on
- 32.1. Any device that You own or control and as permitted by the rules prescribed by platforms such as Google’s Play Store and Apple’s App Store the Usage Rules set forth in Section 9.b. of the App Store, Play Store, Terms and Conditions (the "Usage Rules").
- 32.2. This license does not allow You to use the Res Ihop Platform on any device, You do not own or control, and You may not distribute or make the Res Ihop Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Res Ihop Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Res Ihop Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Res Ihop and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by REs Ihop that replace and/or supplement the Res Ihop Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Res Ihop may not retain archived copies of your content without your explicit and written consent. ÅRes Ihop does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the Åk Ihop Platform, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the Res Ihop Platform.
- 33.1. All intellectual property rights on the Res Ihop Platform and in the Services – except those posted by a user of the Res Ihop Platform, shall be owned by Akila Event AB absolutely and in their entirety.
- 33.2. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
- 33.3. All other trademarks, logos, service marks, company or product names set forth in the Res Ihop Platform are the property of their respective owners.
- 33.4. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or such other information about the Res Ihop Platform or the Services ("Submissions"), provided by You to Us are non-confidential, but non-personal and shall become the sole property of Res Ihop.
- 33.5. Res Ihop shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
34.COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
- 34.1. Åk Ihop respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Åk Ihop’s Copyright Agent at Wemevägen 38, 136 71 Vendelsö Sweden.
- 34.2. A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow Res Ihop to locate the material, and explain why You think an infringement has taken place;
- 34.3. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- 34.4. Your address, telephone number, and e-mail address;
- 34.5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 34.6. A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
- 34.7. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- 35.1. You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any 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:
- 35.1.2. Your violation of any law or the rights of a third party, including, without limitation, Carpool Givers, Carpool Takers, other motorists, and pedestrians, as a result of Your own interaction with such third party,
- 35.1.3. any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- 35.1.4. Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Carpool Takers; and/or
- 35.1.5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
36.ONLINE CONTENT DISCLAIMER
- 36.1. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us.
- 36.2. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants.
- 36.3. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
- 36.4. The Res Ihop Platform contains (or You may be sent through the Res Ihop Platform or the Services) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Res Ihop Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Åk Ihop Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Res Ihop Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Res Ihop Platform or relating to any applications You use or install from the Res Ihop Platform.
- 37.1. We, Our subsidiaries, officers, directors, employees and our suppliers provide the Res Ihop Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Res Ihop Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from country to country. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components.
- 37.2. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the ResIhop Platform or the Services by persons under the age of 18 years in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the ResIhop Platform or in connection with the Service, whether posted or caused by Users of the Res Ihop Platform, by Res Ihop, by third parties or by any of the equipment or programming associated with or utilized in the Res Ihop Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Res Ihop Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Res Ihop Platform or in connection with any Content. Res Ihop is not responsible for the conduct, whether online or offline, of any user of the Res Ihop Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Åk Ihop Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Åk Ihop Platform or through the Services.
- Res ihop will work to try and keep The platform as free of above misbehaving conduct as possible.
- 37.3. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Res Ihop Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users. Res Ihop only offers a venue that enables Carpool Givers and Carpool Takers to match with each other. Res Ihop does not offer transportation services and Res Ihop is not a transportation company. We are not involved in the actual transportation provided by Carpool Givers to Carpool Takers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the Res Ihop Platform. We cannot ensure that a Carpool Giver or Carpool Taker is who he or she claims to be or that a Carpool Giver or Carpool Taker will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Res Ihop Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Res Ihop or the ResIhop Platform.
- 37.4. The Res Ihop Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Res Ihop assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Res Ihop is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Res Ihop Platform, on any website or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
- 38.1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Res Ihop’s business, operations and properties ("Confidential Information") disclosed to You by Res Ihop for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Res Ihop in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Res Ihop with regard to any Confidential Information which You can prove:
- 38.1.1. was in the public domain at the time it was disclosed by Res Ihop or has entered the public domain through no fault of Yours;was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Res Ihop;
- 38.1.2. becomes known to You, without restriction, from a source other than Res Ihop without breach of this Agreement by You and otherwise not in violation of Res Ihop’s rights; or
- 38.1.3. is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Res Ihop to enable Res Ihop to seek a protective order or otherwise prevent or restrict such disclosure.
- 39.1. You and Res Ihop are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
40.LIMITATION OF LIABILITY
- 40.1. 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 SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH RES IHOP, 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 WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF RES IHOP OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF RES IHOP OR THE SERVICES, OR INTRODUCED TO YOU VIA ÅK IHOP OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
- 40.2. Res Ihop has no responsibility whatsoever for the actions or conduct of “Carpool Givers” or “Carpool Takers”. Res Ihop has no obligation to intervene in or be involved in any way in disputes that may arise between “Carpool Givers”, “Carpool Takers”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each user’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Res Ihop may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that ResIhop has no control over the identity or actions of the Carpool Givers and Carpool Takers , and Res Ihop requests that users exercise caution and good judgment when using the services Carpool Givers and Carpool Takers use the services at their own risk and evaluation.
- 40.3. Notwithstanding anything in the foregoing and without prejudice thereto, Res Ihop shall not be liable for any loss or damage arising as a result of:
- 40.3.1. False, misleading, inaccurate or incomplete information being provided by a Member;
- 40.3.2. The cancellation of a Trip by a Carpool Giver or Carpool Taker;
- 40.3.3. Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Carpool Giver or Carpool Takers before, during or after a Trip.
- 40.3.4. Res Ihop will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Res Ihop platform (whether suffered or incurred as a result of the Res Ihop’s negligence or otherwise).
- 40.4. Res Ihop will not be liable to any Member in relation to any Trip. Given that Carpool Givers are required to hold valid insurance to cover a Trip and given that Res Ihop’s service is limited to putting Carpool Givers and Carpool Takers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the Res Ihop liability set out above are reasonable.
41.RELEASE: In the event that You have a dispute with one or more Users, You agree to release Res Ihop (and Our officers, directors, agents, subsidiaries, 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 Åk Ihop Platform or the Services.
- 42.1. Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
- 42.1.1. You breach this Agreement or the documents it incorporates by reference;
- 42.1.2. We are unable to verify or authenticate any information You provide to Us;
- 42.1.3. We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Res Ihop or You or any other User to regulation by any state or local government or regulatory agency; or
- 42.1.4. if We suspect that You have engaged in fraudulent activity in connection with the Res Ihop Platform or the Services.
43.AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
- 43.1. This Agreement shall be governed in accordance with laws of Norway. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Res Ihop Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Oslo, Norway. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Norwegian Law. The Courts at Oslo shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
- 44.1. Except as explicitly stated otherwise, any notices to Res Ihop shall be given by certified mail, postage prepaid and return receipt requested to Akila Event AB Wemevägen 38, 136 71 Vendelsö SWEDEN , and any notices to You shall be provided to You through the Res Ihop Platform or given to You via the email address You provide to Res Ihop during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Res Ihop during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- 44.2. To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at firstname.lastname@example.org .
45.TERM AND TERMINATION
- 45.1. This Agreement is effective upon use of the Res Ihop Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
- 45.2. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
- 45.3. Either You or We may terminate Your participation in the Res Ihop Platform, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to ban Your use of the Services in the future, for any or no reason. Even after Your participation in the Res Ihop Platform is terminated, this Agreement will remain in effect.
46. DISPUTE BETWEEN/WITH MEMBERS
- 46.1. Notwithstanding anything contained in Clause 42, Res Ihop may at its sole discretion provide its Members with an online service for resolving their disputes. This service is non-binding. Res Ihop is under no obligation to seek to resolve disputes and this Service is offered at Res Ihop’s sole discretion and may be withdrawn at any time. Without prejudice, disputes arising out the Trip/ride between Carpool Giver(s) and Carpool Taker(s) or any other matter in relation to the use of the Res Ihop Platform between the Members shall be dealt with independently between such parties as deemed necessary.
- 46.2. Notwithstanding anything contained in Clause 42, Res Ihop reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the Res Ihop Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that Res Ihop may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.
- 47.1. This Agreement shall be governed by the laws in Sweden without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Res Ihop, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Åk Ihop with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
PART B – PAYMENT TERMS
2. Res Ihop reserves the right to decide the fees such as Platform Service Fees, Subscription Fees, and Inactive User Account Maintenance Fees etc. as applicable to run the Res Ihop Application. The user agrees to pay these fees by agreeing to the terms and conditions.
Other Payment Terms:
- a. Ride Charges. Ride charges are displayed to Carpool Taker before joining ride. Carpool Taker agrees to pay to Carpool Giver. Res Ihop reserves the right to determine pricing.
- b. Cash prohibited. All Donations and Payments made by “Carpool Taker” to “Carpool Giver” shall only be made through the Res Ihop Platform. Cash Payments are strictly prohibited.
- c. Administrative Fee. Res Ihop receives an administrative fee of 25% or a minimum of 2.5 SEK (the "Administrative Fee" or “Platform Fees” or “Service Fees”) for each ride shared towards the cost of technology, services, infrastructure and support.
- d. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Carpool Taker’s decision to terminate usage of Res Ihop, our decision to terminate a Carpool Taker’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever
- e. Promotional Offers. Res Ihop, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Res Ihop may change its Administrative Fee as we deem necessary for our business.
- f. Facilitation of Payments. All Charges, as applicable, shall be facilitated through standard payment gateway, ResIhop’s third-party payment processing services.
- g. Res Ihop platform should not be used for moving money between wallets and for any financial transfers.
- h.Res Ihop as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, by payment gateway services.