GO-CarShare Terms and Conditions

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1. These General Terms and Conditions (‘Terms’) describe the terms on which the customers (“You", “Your”, Yourself or "Client") who use our services. 
2. Please read these Terms carefully before using the Platform (defined below). By using our Platform, you signify your agreement to Go-Share’s Terms. Tekhsters at Regus Building, Amsterdam is the data processor of personal information collected and processed through services. For any additional details on our privacy practices, please read our Privacy Policy. 
3. Definitions 
   1. Data: refers to following personal data that is shared on the Platform including but not limited to:  
      1. contact details of employees, such as name, telephone number, and email    address,
      2. details of the Client, such as name, address, postal code, and email address, 
      3. billing and payment details,
      4. details of the fleet,
      5. location information of the vehicle, and
      6. all other data necessary for the performance of the Supply Agreement (defined below) and for improvement of the Go-Share Services.  
   2. Fleet: the vehicles to be used for car-pooling as specified in the Supply Agreement. 
   3. Fleet Manager:
   4. Force Majeure: any cause outside the reasonable control of either party hereto which affects the performance of the Supply Agreement, including in any event during transport, telecommunications, or power outages. 
   5. Geo-Tab Dongle: It is the telematics provider that connects vehicles to the internet and provides web-based analytics to help organizations manage their fleets.
   6. Platform: the platform that is provided via the Go-Share mobile application, online portal, or the current and future Go-Share websites, or any other Go-Share website and underlying pages, designed, developed and managed by Go-Share and used by You for availing the Services.  
   7. Profile: it refers to the user profiles created by the Client when they self-on-board on the Platform and register all their employees and the fleet. 
   8. Service(s): The service that Go-Share provides to You, which includes facility of a Platform enabling you to offer rides to employees and enable car-pooling for your personnel. 
   9. Supply Agreement: it is the principal agreement between Go-Share and the Client, including all appendices thereto and the agreements to be concluded on the basis thereof.
   10. Terms: Terms refer to these general terms and conditions for the Corporate Car-Pooling Services offered by Go-Share.  
   11. Website: the website, goshare.tekshters.nl.  
4. Applicability 
   1. The Terms apply to Services availed on the Platform. 
   2. The Terms constitute an integral and inextricable part of the Supply Agreement, if and to the extent it is contained therein that the Client purchases Go-Share's corporate car-pooling services.  
   3. Go-Share may change these General Terms and Conditions from time to time. A copy of the Terms, as updated from time to time, shall be available on the Platform. 
   4. Further, if you continue to use the Platform after the Terms have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms.
   5. All documents mentioned in the Terms and any offers must be treated confidentially and can only be shown to other parties or disseminated with prior written consent of Go-Share.
5. Registration and User Accounts 
   1. To use the Services, you must register and self-on-board on the Platform, create your Profile, and register Your employees. 
   2. All the registered users/employees must access the mobile application which can be downloaded or accessed on most mobile devices running operating systems such as iOS or Android and log in using the username and password provided by the Client via the Fleet Manager.  
   3. The data provided by the Client during the on-boarding process and while using the Platform will be stored in a database and processed as per the Privacy & Cookie Policy, which you can refer to here--------------
   4. To access the Platform at its optimal level, the Fleet that is to be registered on the Platform shall have Geo–Tab Dongle pre-installed in them. 
   5. The Services of the Platform shall be available only to natural persons who have a valid driving license and are legally permitted to drive within the given territory.  
   6. Go-Share shall not be held responsible for any errors or omissions that may occur during the identity verification process. You acknowledge and agree that the identity verification process is performed by the Client and Go-Share has no control over the accuracy, completeness, or lawfulness of the Data. You further acknowledge and agree that Go-Share shall not be liable for any loss or damage arising from any errors or omissions in the identity validation process.     
   7. If there is any change in the Client details, it shall be notified to Go-Share along with updated and valid details within a reasonable time.
   8. When using the Platform, you must comply with all applicable laws. You may use the Platform only for purposes permitted by law and for other purposes for which they are intended as outlined in the Terms and Conditions. You must not misuse Go-Share's Platform or defraud Go-Share.
   9. You warrant that all data on your Profile is true, complete, accurate, and relevant. You acknowledge that the correctness and completeness of the data provided is important for the optimal functioning of the Platform and the Service. You acknowledge that you are fully responsible for the correctness and completeness of the data provided and accept all the consequences of incorrect, incomplete, or incorrect Data related to the Profile. You acknowledge that all damage that you, Go-Share, or a third-party bear as a result of any incorrect or incomplete Data is entirely at your expense and risk unless mandatory law determines otherwise. 
   10. Your user account is strictly personal. It cannot be shared with or licensed to third parties unless expressly permitted by Go-Share. After you register an account: 
       1. You may not allow third parties to use your account or transfer your account to a third party,
       2. You must always keep your account information accurate, complete, and up-to-date, 
       3. You must keep your login details confidential at all times, and
       4.  You must notify us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account. 
6. Go-Share Corporate Car-Pooling Services 
   1. The Client is granted the non-exclusive and non-transferable right to use the Go-Share Services for reserving rides, locking-unlocking the car, reporting issues with the car, and messaging purposes.  
   2. The Client may not use the corporate car-pooling services for illegal purposes. 
   3. The Client does not have the right to further process or forward the information received in the context of using the Services to third parties for commercial purposes.  
7. Use and Availability of the Go-Share Platform 
   1. Go-Share offers the Platform “as is” and “as available”. You accept that the Service only contains the functionality and other features as you find them on the Platform at the time of use. The manner and means by which Go-Share chooses to provide Service under the Terms is in Go-Share’s sole discretion. Go-Share expressly excludes express and tacit warranties, promises, and indemnities of any nature whatsoever, including but not limited to, guarantees, promises, and indemnities regarding the quality, completeness, safety, lawfulness, and correctness of (the use of) the Service and the Platform, unless otherwise specified in the Terms. 
   2. Go-Share does not guarantee that the Service will be always accessible and without interruptions or malfunctions. The Services may be subject to limitations, delays, and/or other problems inherent in the use of the Internet and electronic communications and are not guaranteed to be available at all times without error. You accept that Go-Share is not liable towards you for any damage that ensues from or that is the result of the Service being temporarily or permanently unavailable in course of use.  
   3. Go-Share does not warrant or guarantee the accuracy, completeness, or reliability of any Data made available on the Platform. You acknowledge and agree that any reliance on such data is at your own risk and the Go-Share shall not be liable for any direct, indirect, or consequential damage arising from or in connection with the use or inability to use the data on the Platform. 
   4. You further acknowledge and agree that the Go-Share may, at any time, modify the Services or any components or features thereof without prior notice. The continued use of the Platform/Services by You shall constitute acceptance of such modified terms.
   5. We may temporarily restrict your access to and use of the Services if there is a suspected breach of your obligations (see Section 6 below) or of the Terms and also if we receive a fraud complaint against You/Your Fleet users. 
8. Price and Payment 
   1. For availing Services on the Platform, the Client is required to make a pre-payment on the portal based on what is defined for different subscription models (free/standard/premium). Additionally, based on the model chosen and the number of users, we will also be charging a set-up fee. 
   2. In case, you choose the free subscription model, you will be provided a free trial for three (3) months.
   3. We reserve the right to adjust the fees at any time where we have provided advance notification to You. 
   4. There are two (2) options of available payment modes. These include credit card/debit card and net banking. In case, you chose to pay via card, your subscription will automatically renew at the end of each subscription period unless you cancel it before the end of the current subscription period. If you choose to cancel your subscription, please do so before the end of the current subscription period to avoid being charged for the next subscription period. By agreeing to the Terms, You authorize us to charge your selected payment method for the applicable subscription fees on recurring basis until your subscription is cancelled. 
   5. In case, the Client fails to make timely payment for the chosen subscription model within the due date at the latest, Go-Share reserves the right to terminate the Supply Agreement with a three (3) month notice period and to suspend the Client's access to Go-Share Services until all outstanding amounts (including interest and costs) have been paid. The costs of suspending and reactivating the Services on Platform will always be borne by the Client. 
9. Intellectual Property Rights 
   1. Go-Share retains all intellectual property rights vested in the Go-Share Platform and the Client cannot acquire any rights, claims and/or interests in these intellectual property rights at any time. 
   2. To the extent that there are any intellectual property rights to Data that you have included in your Profile, you hereby grant Go-Share a worldwide, no-charge, unencumbered, sub-licensable, non-exclusive license to use and disclose such data. 
10. Limitation of Liability 
    1. Under no circumstances shall Go-Share be liable, either due to a contract, wrongful act (including, in any event, negligence), improper representation (other than deceptive representation), non-compliance with a legal obligation, or otherwise due to the Supply Agreement, for any damage (including costs, any loss of profit, loss of expected savings, revenue, business, loss or corruption of Data, operating loss, loss of goodwill, loss due to delay, or any direct, indirect or consequential damage of any nature) sustained by the Client, employees, Fleet Manager, operations manager, and/or third parties, which damage has been caused directly or indirectly by or is in any way related to: 
       1. the use of the Platform; 
       2. shortcomings, interruptions, or defects in the Platform; 
       3. Go-Share’s use of (privacy-sensitive) data provided or obtained (from the Client, the Employee, and/or from third parties) in the context of the Supply Agreement and/or the Platform; 
       4. violation of applicable legislation and regulations;  
       5. the Client’s non-fulfilment of any obligation under the Supply Agreement   and/or the General Terms and Conditions unless the damage was caused as a direct result of wilful or gross negligence on the part of Go-Share.  
    2. You are liable for any damage we suffer as a result of Your breach of the Terms, Your misuse of the Platform or of its allied Services, or Your violation of any laws or third-party rights. You are liable for all activities conducted through your account unless such activities are not authorized by You and You have not otherwise been negligent. 
    3. To access our Platform and Services, you agree to indemnify and hold us and our officers, directors, and employees harmless (at our option) from and against all claims, liabilities, costs, damages, fines, social security contributions, and taxes arising out of or related to any violation of the Terms, violation of applicable law, or third-party claims related directly or indirectly to Your use of the Services. You further agree to indemnify Go-Share against all third-party claims concerning matters and shall reimburse all costs that Go-Share may have to pay to protect its rights or to do good on the damage that Go-Share may suffer.
11. Force Majeure  
    1. Neither of the Parties shall be liable for any failure to perform its obligations under the Supply Agreement (except for payment obligations) caused by Force Majeure. The Party delayed from performing its obligations will make all reasonable efforts to overcome or work around the Force Majeure. 
12. Data Processing 
    1. The Parties shall observe all provisions of relevant laws and guidelines concerning protection of personal data. This includes the obligation of the Client to adequately inform the individuals about the processing of their data by Go-Share based on the Client's instructions. 
    2. To perform and improve the Services, Go-Share, its service providers/suppliers, including but not limited to Geo-tab, collect and process Data about the Client, Client’s personnel, and the relevant fleet. Such data will be collected and processed under the applicable legislation and regulations and, exclusively to the extent this is necessary for performing and improving the Services.   
    3. When collecting and processing the Client’s Data, Go-Share assumes that the Client has taken all necessary measures to ensure that the collection and processing of personal data are conducted in compliance with relevant data protection laws. This includes the Client having ascertained the interests of the employees, and having properly balanced these interests with their legitimate interests for processing such data. The Client confirms that they have obtained the necessary consent and authorization from the employees to collect and process their Data for the purposes outlined in the Supply Agreement.  
    4. The data required for the performance and improvement of the Services is stored for as long as necessary for Go-Share to be able to provide the Services and satisfy its obligations following the applicable regulations. All the personal data collected and processed by Go-Share is depersonalized after twelve (12) months of the expiry of the Supply Agreement.
13. Term and Termination 
    1. Without affecting any of its other rights arising from this, either party to the Supply Agreement is authorized to issue an ordinary termination of the Supply Agreement with a prior written notice of three (3) months.  
    2. Go-Share is also authorized to terminate the Supply Agreement if the Client fails to meet his/her payment obligations with a three (3) month notice period.
14. Joint and Several Liability 
    1. If multiple legal entities or natural persons act as Client under the Supply Agreement, each is jointly and severally liable for the correct and timely fulfilment of obligations arising for the Client under the Supply Agreement, including all costs and damages relating to incorrect fulfilment of the Supply Agreement. If the Client has signed the Supply Agreement, it is also jointly and severally liable to Go-Share for the fulfilment of the obligations arising from all agreements to be entered into under the Supply Agreement, even if that Client did not co-sign the particular agreement. 
    2. Joint and several co-debtors remains fully liable for the total even if the term or conditions of the Supply Agreement and/or any agreements arising therefrom are amended or adjusted. 
15. Applicable Law 
    1. The Supply Agreement and all agreements arising from it, whether or not in connection with the Services, are exclusively governed by Dutch law.  
    2. Any disputes arising from the Supply Agreement and all agreements arising from it will exclusively be submitted to competent Dutch Court. 
16. Miscellaneous 
    1. All judicial and extrajudicial collection costs reasonably incurred by Go-Share as a result of the Client’s failure to comply with the payment obligations shall be borne by the Client.  
    2. The Client may not assign, outsource, transfer, or make available its rights and obligations under the Supply Agreement or any agreement arising therefrom, either entirely or in part, without the advance written permission of the other Party. 
    3. Go-Share may assign, outsource, transfer, or make available its rights and obligations under the Supply Agreement or any agreement arising therefrom, either entirely or in part, to its affiliated companies, without the advance permission of the Client.
    4. The illegality, invalidity, or non-enforceability of a provision from the Supply Agreement and/or the Terms does not affect the legality, validity, or enforceability of the remainder of the Supply Agreement and/or of Terms. If the rest of the provision(s) is/are not affected, the Parties shall make all reasonable efforts to reach an agreement within a reasonable term on legal and reasonable changes to the Supply Agreement and/or to the Terms that are necessary for ensuring, as much as possible, the same effect that would be achieved by the relevant provision or part of the provision in question.  
17. Contact us 

For any concerns and queries, you reach out to us at 31 6 21260106. Additionally, you can also write a mail to us at helpdesk@tekhsters.nl