1. Mahapool is a information service provider to facilitate users to pool their vehicles for their travel needs on real time basis. Use of this information service is voluntary and entirely at the discretion of users. Users seeking vehicle pooling can register with Mahapool either online through our website / Mobile phone at www.Mahapool.com, or through hard copy. Mahapool will verify all the registered user's credentials including bio-metrics initally & periodically and upon satisfactiory results will activate user's for pooling.
2. Mahapool cannot guarantee the quality, safety or legality of the persons registering for this facility. We are not responsible for member's actions / behaviour. Users are advised to make their own judgement about the travel information provided. Under no circumstances will Mahapool be liable in any way for any registered user's conduct, including without limitation, for any loss or damage of any kind incurred by the user as a result of such conduct or use of any content transmitted, uploaded, posted, e-mailed or otherwise made available via mobile phone connection, our website or through any technological platform made available to users. Any financial transaction undertaken between Users is at their own risk.
3. By engaging in vehicle pooling on the Mahapool platform, the user shall agree and accept that Mahapool shall have no responsibility and does not accept any liability for the personal safety when travelling or of any transaction made through our website or in any electronic form. As such, without limiting any rights the user may have under prevailing law/ act, to the fullest extent permitted by law the user agrees that vehicle-poolers are completely responsible for their actions & decisions. As member of Mahapool, the user acknowledges and agrees to waive any and all rights to, or claims for, damages (including consequential damages), expenses, injury (including death), or any other compensation of any kind whatsoever against Mahapool and / or its partner, that comes directly or indirectly with your use and/or reliance on the information provided by Mahapool or otherwise, you agree to indemnify and hold harmless Mahapool and its partners.
4. Further Mahapool nor any of its associate shall be liable for any direct, consequential or exemplary damages arising out of its services, software (applications), merchant links, including loss of anticipated profits or costs, loss of use or business interruption or the like, regardless of whether the user was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Mahapool shall not be monetary liability to any User for any cause (regardless of the form of action) under or relating to this agreement.
5. The proposed user warrants that, when registering for the Service and/ or at any time when Mahapool requests information from him/ her, he/she will provide accurate and complete information. The user also warrants that, he/she will not do, or permit or allow any person to use their registered mobile phone to do, anything that will bring disrepute to Mahapool or the Service. Further the user acknowledges that Mahapool reserves the right to revoke his/her membership and remove him/her from the system if it is determined that he/she is not abiding by the general rules and terms of this service or for other than the intended purposes.
6. Users should be eighteen (18) years of age or older ; provide consent to our collection , use & disclosure of the user's information in order to provide better travel related information. Users should have driving licence (for drivers only), insurance of their vehicle(s), along with passenger insurance coverage, bank details and complete documents for the same must also be provided to Mahapool. Upon completion of verification of documentation of registered user, their account will be activated. At any given point of time if it is found that registration has been obtained through false representation of facts, Mahapool reserves the right to terminate the registration and prevent / blacklist such users for future listing for any duration of time.
7. Registered user can log-in via user name & password. Updated password will be sent thro’ sms to the registered mobile phone initially. Authorised users can key-in their travel requirement, preferences, etc. in the mobile Apps via website www.Mahapool.com. Users have to get GPRS connection from their telecom service provider to enable Mahapool services. GPS & / or GPRS connectivity might not work when required in some areas in the country & Mahapool cannot provide the intended services to user for pooling in such cases. GSM/GPRS service being provided to the User is from a Telecom Operator and Mahapool shall not be held responsible for any problem or disturbance in the telecom network.
8. Based on the user’s travel requirement, Mahapool informs users of possible matches according to the information available at that moment along with possible financial implications. Mahapool will continuously update the information as & when the changes occur & / or on time basis to suit the system. Users will get alert signals on mobile when the possible matches are found. System monitors the pooling status & updates itself based on the outcome of pooling. If pooling is successfully completed, financial transaction is executed & vehicle user (driver) gets credited which is later settled based on Mahapool payment system while the amount is debited from other user’s (passenger) account. Mahapool deducts their processing fees for the transaction based on the prevailing payment system.
9. Payment / Financial transaction details: Mahapool charges an initial non-refundable fees from the User for user's verfication and activation of the Service. Monthly fee will be charged from every Member. Mahapool will levy service charge on the mileage credit/debit between users for private vehicles. On the other hand flat rate for commercial vehicles.
10. Users are expected to maintain adequate balance amount for uninterrupted service. Users can avail various options to recharge the balance amount including ECS, On-line payment, m-banking, ATM’s , cheque, D.D. or Cash favouring Mahapool A/c XXXXXXXXX, where XXXX denotes User’s mobile number. Users can activate ECS facility to transfer fixed amount of cash to continue availing the service. Mahapool will credit the vehicle owner’s bank account on regular basis if a minimum amount is outstanding. Currently monthly transactions will be done provided minimum outstanding amount is Rs. 100/-.
11. Users can see the probable financial transaction when they key-in their travel requirement. After user accepts the same, pooling process is initiated. Actual transaction will be based on actual distance calculated, duration of journey, toll taxes etc. - rate for routes will be updated by Mahapool periodically.
12. Mahapool tracks user’s journey thro’ their mobile phone. In case during pooling requestor mobile phone is off during journey, it will be considered that requestor gets pooled to him destination as requested & full amount will be deducted based on assumed duration of journey (assumption based on distance of pooled). Similarly if Vehicle owner / driver’s phone is off during journey, he will not be paid the pooling amount. In case both requestor’s & vehicle owner / driver’s mobile phone are off during journey after pooling has been done, full amount of pooled journey will be deducted from requestor account & no amount will be paid to vehicle owner/driver for that particular case by Mahapool.
13. Cancellation / Termination of particular pooling: Users acknowledge that during pooling all users have right to terminate pooling at any given point of time. Vehicle owner is expected to drop fellow user(s) at reasonable place on his route for availing other means of transport. User who initates the cancelation of the pooling will not get any financial benefit for the said pooling (incase of driver) or full amount is deducted for his account as per scheduled pooling (incase of passenger). Based on the user’s feedback, Mahapool reserves right to suspend user’s account, alter personal preferences of user, etc. Further if there is no activity for 90 days, Mahapool can initiate cancellation / termination process.
14. Mahapool reserves the right to revise the Terms and Conditions of this Service from time to time at their sole discretion with or without prior notice to the Users and such modification shall be effective immediately upon posting on the website. The most current version of the Terms and Conditions will always be applicable. These will be displayed on the Mahapool website and it is User's responsibility to review Terms and Conditions of this Service periodically and make himself/herself aware of any revisions. User's continued use of this Service will be deemed to be his/her conclusive acceptance of the modified Terms and Conditions of the Service.
15. Users should not to use, display, upload, modify, publish, transmit, update, share or store any information that: — (a) belongs to another person; (b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, encouraging money laundering or gambling, or otherwise unlawful in racially, ethnically or otherwise objectionable, disparaging, relating or hateful, or any manner whatever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) discloses sensitive personal information of other person or to which the user does not have any right to; (g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) impersonate another person; (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
18. Mahapool therefore reserves the right to use the share your personal information with other subscribers in order to provide information of vehicle-pool partners. We also reserve the right to share pooling reports and statistics with concerned authorities. Mahapool may disclose information required to comply with any applicable law, regulation, legal process or governmental request. Additionally, we may disclose any information when required in case of physical danger, monetary loss or if there is suspicion of involvement in any illegal activity.
19. Mahapool may inform the user about service related issues by any means, including email, SMS, etc., this may include information concerning the vehicle pool service, our website or service requests or related questions. We may request user's valuable feedback to further improve our services. We may provide users with information about events happening at users destinations & of products that might interest them along with search results.
20. All registered users of Mahapool are automatically subscribed to receive emails,sms, etc. on Mobile as newsletters, surveys or other product and event information or promotions. At any given time users may select the 'Unsubscribe' link on such email / sms, customise their preferences thro’ website or talk to customer care to unsubscribe.
21. Availing Mahapool’s Service is an individual's decision. Users will receive Passwords on their Mobile phone via sms/ e-mail. In case of loss/ change of mobile handset, Users have to immediately inform Mahapool to prevent misuse of their handset. User will be entirely responsible for any and all activities that occur under or through the use of his / her mobile handset.
22. Mahapool will not provide user's personally identifiable information to third parties for their use in marketing their products or services without users consent, except as provided in the "Business Transfers" Section below. In addition, we do not sell or otherwise disclose personally identifiable information about our website visitors except as described here. Mahapool may engage 3rd party companies and individuals to perform functions on our data such as analysts firm(s), customer support specialists, etc. Only necessary information for such purposes will be shared with these 3rd parties.
23. As future Business prospect, Mahapool might sell / partner its services partially or completely. During such circumstances, user's information, including personal data, is generally treated a part of the transferred business assets. Upon registering with Mahapool, Users agree that their personal information may be transferred to such parties under such transactions.
24. Mahapool as information service provider along with the software (and applications), merchant links, etc. are providing information on an "as is" and "with all faults" basis. Mahapool expressly disclaim that all claims, warranties, explicit or implied, of the 3rd party merchant products. Users are advised to directly contact the merchant to clarify these issues before making further commitments. Advertisement shown on Mahapool site shall not create a warranty, and user is advised to make his own judgement on any such advice or information. This disclaimer of warranties is an essential condition of the agreement.
25. Mahapool reserves the right to advertise at its own discretion, not limited to location-specific ads. including audio / video advertising, links to 3rd party sites ("linked sites") along with pooling information. User agrees that he/ she has no objection to such advertising and user shall claim no monetary benefits in this regard. Mahapool reserves the right to delete any links on their site.
26. User acknowledge and agree that to honour the intellectual property rights (IPR) as patents, designs, copyright, trademarks, processes, , systems, specifications, etc. relating to the Services or shown on the Mahapool’s website. These rights may be owned by the Mahapool or 3rd party. User should not copy, transmit, adapt, or communicate or otherwise exercise claim over the IPR in the whole or any part except with the prior written consent of the concerned party.
27. Upon using the services, it is implied that User agrees to assign, transfer or otherwise confer upon Mahapool any such credit related to carbon emission without any liability whatsoever. Mahapool reserves the full right to take credit of any carbon emission, reduction credits or similar rights by any name as recognised by Central, State or Local government, in relation with the Kyoto Protocol or other treaty related to carbon trading. If any registered user breaches these terms and conditions, Mahapool may: Suspend the user's access to the Service or any part of it either temporarily or permanently; and take action it considers appropriate to recover any direct, indirect or consequential loss Company faced as a result of the User's breach.
28. Vehicle pooling and other services are provided to users at a periodic fee as decided by Mahapool. You pay such periodic fees / subscription charges to Mahapool till the time you wish to remain a Member. Mahapool reserves the full right to change the periodic fees / subscription amount, mode of payment, or any other related matter. Mahapool also reserves right to discontinue any or all of its services and claim outstanding amount and penalty if any user discontinues or refuses to pay the subscription fees.
29. Any illegal transaction in Cash, Debit/Credit card, etc. by the Member shall not be the responsibility of Mahapool and shall be the sole liability of the Member. Mahapool has discretion to retain the Member or cancel membership upon detection of such illegal transaction.
30. Mahapool ‘s total Cumulative Liability on any account whether in contract or otherwise : (a) Shall be limited to the amount last paid to Mahapool by the user / Member (b) Under no circumstances will Mahapool or its affiliates, employees, directors have any liability regardless of the basis on which Member is entitled to claim damages (including negligence, breach, misrepresentation or under contract or tort claim), for any incidental, punitive, consequential or indirect damages (including lost profits or savings).
31. Mahapool is not responsible to Members incurring any loss from hardware/software related problems. Maps, Navigation Application, Routing and its updating is sole responsibility of third party map provider. Mahapool nor its suppliers shall be liable to the Member for any incidental, consequential, special, indirect or exemplary damages arising out of the map-data, navigation software and its updates, regardless of whether member was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Mahapool shall have no monetary liability to the Member for any cause (regardless of the form of action) under or relating to this agreement. Services/Products offered by third parties suppliers are their responsibility & Mahapool is not responsible for their quality, warranties, after sales service, parts etc.
32. Mahapool is not responsible for any government/ transport department claims towards the vehicle owner. Vehicle owners will be responsible for maintaining their vehicles & complying with the statutory regulations.
33. In case any the differences/ disputes/ claims arises, we will try to settle the same mutually. All Disputes or differences between parties, which cannot be amicably resolved, shall be referred to in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996. The venue of Arbitration shall be Delhi, India. Further all the matters are subject to New Delhi, India jurisdiction only.
34. Member's use of the Service in entirely at his/her own risk. The Company makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on its website and 'My Screen'. Mahapool and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that the Member may suffer directly or indirectly from or in connection with the Services or the Company's website or Member's use of the Services or the website.
35. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the amount of the registration fee or such lesser amount as is possible under the law.
36. Though Mahapool has verified the credentials of the Members before granting membership, the user's must acknowledge that Mahapool is not and cannot be responsible for the behavior of Members / users. In particular, you acknowledge that the Mahapool has no way of ensuring that the information contributed by Members is 100% accurate.
If any provision of this Agreement is held for any reason to violate any applicable law, governmental rule, or regulation, or causes the Agreement to be held unenforceable, the invalidity of that specific provision in this Agreement shall not invalidate the remaining provisions of this Agreement. All other provisions and the entirety of this Agreement shall remain in full force and effect.
For any further clarification regarding these terms and conditions, please email us at email@example.com
1. Please see Section 79 of the Information Technology Act, 2000 (as amended in 2008) at Annex to understand the limits of User Content liability for intermediaries. The onus of due diligence to monitor, report and remedy User Content will still lie with the intermediary.
2. Please see relevant provisions of the Information Technology Act, 2000 (as amended in 2008) relating to data protection at Annex. Also please check whether the company subscribes to any self-regulatory code of practice on privacy standards initiated by industry associations.
3. Unsolicited Commercial Communication through any telecommunication service is regulated under the Telecom Unsolicited Commercial Communications Regulations, 2007 and subsequent amendments and guidelines and directions under these Regulations.