Terms & Conditions

Terms & Conditions for inOneCar.com Web

& Mobile Application

 

  • §1 [Subject of the Terms & Conditions]

These Terms of Use & Conditions constitutes regulations within the meaning of Art. 8 of the Act of 18 July 2002 on electronic services and specifies the conditions for using the ridesharing platform and mobile application, available via the website, acting in the domain www.inonecar.com and mobile application inOneCar. These regulations shall define in particular:

  1. the types and scope of service provided by electronic means,
  2. the conditions for the provision of electronic services, including,
    1. the technical requirements necessary to support the ICT system, which is used by the Service provider,
    2. prohibition against the provision by a recipient of illegal content,
  3. conditions for concluding and terminating contracts for the provision of electronic services,
  4. complaints’ procedures,
  5. the rights and obligations of users of the service and applications, and the rights as well as the obligations of the Service and mobile application provider.

 

  • §2 [Definitions]

Any reference in these regulations refers to:

  1. Service Provider should  be understood as inOneCar.com Ltd. based in Oleśnica (address: Wrocławska 42, 56 400 Oleśnica) entered in the register of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of National Court Register, under KRS number 0000451895, having NIP: 9112006834 and number and identification code: 022075110, which is the owner and the provider of service and application.
  2. The Service should be understood as an Internet portal operating at the Internet Service Provider website www.inonecar.com, owned and run by the Service Provider under the conditions specified in the Terms and Conditions.
  3. Mobile Application should be understood as the mobile application called inonecar, owned by Service Provider and conducted by the Service Provider under the conditions specified in the Terms & Conditions.
  4. Service should be understood as a service within the meaning of the Act of 18 July 2002 on electronic services involving and made available by the Service Application and Service.
  5. Agreement should be understood as a contract for the provision of electronic services in terms of functionality of service and mobile application concluded between the Service Provider and the Client.
  6. Client should be understood as a person with full legal capacity conducting business activity, or an organizational unit without legal personality, which the law recognizes its legal capacity or a legal person, who has accepted these Terms and concluded with the Service Provider Agreement in order to ensure users the possibility of using the Service.
  7. User a person with full legal capacity, who through acceptance of the Terms & Conditions and application’s installation has gained the access to services and applications and the possibility to use the Service and Mobile Application.
  8. Login should be understood as created by the User, individual, unique, consisting of letters and / or numbers User’s indication or his / her email address used for the access to the Mobile Application and Service.
  9. Password should be understood as a string of characters created and used to secure access to the Mobile Application and Service.
  10. Cookies should be understood as text files in which the Service Provider’s servers record the information on the hard drive of the computer used by the user. The information stored in “cookies” Service server can read when you econnect to your computer, but they can be read by other servers or other Internet users.
  11. Terms & Conditions this is the document regulating the provision of electronic services within the Service and Mobile Application, all rules & regulation, terms & conditions and its attachments.
  12. Price List (Pricing) should be understood as the price offer (price list) for the offered different ranges of functionality and implementation of the System and Mobile Application under contract with the Client.
  13. Subscription Fee should be understood as a fee for services performed during the subscription, the payment of which is required to the customer in the amount specified in the price list or agreed individually with the Service provider.
  14. Additional charge agreed individually with the Client’s additional fee for the functionality of the Service and Mobile Application design on the Recipients’ request.
  15. Subscription period should be understood as the time of 12 full calendar months for which the contract was concluded in Which the Client uses the full range of services of Service and Mobile Applications.
  16. VAT invoice should be understood as an invoice in written or electronic form in accordance with Article. 2 points. 32 and 32 of the Act of 11 March 2004. Tax on goods and services (last update: Journal of Laws of 2013., Pos. 1608). The basis for issuing the VAT invoice without the signature of the person authorized is the art. 106e of the Act of 11 March 2004 on tax on goods and services (last update: Journal of Laws of 2013., Pos. 1608).

 

  • §3 [Technical Specifications]
  1. It is necessary for the use of Mobile Application to have any mobile device such as smartphone with the Android operating system with no older than 4.0. version and the access to the Internet.
  2. Use of the Website and Mobile Application is possible if the user has any device with the access to the Internet, or the mobile device type smartphone with Web browsers such as: Internet Explorer or Opera, or Mozilla Firefox, or Safari or Google Chrome.
  3. To User of the Service and Mobile Application is also required to have an e-mail. One e-mail address can be assigned to one User.
  4. The Service Provider for the safe use of the Service and Application recommends using any antivirus software or Firewall type.
  5. All visitors of the website or those who use the Mobile Application are required to secure by themselves and also at their cost their own specified in this paragraph equipment, software, and e-mail address, including the access to the Internet.
  6. To use of Mobile Application requires the download of inonecar mobile application from Google Play. The application is free of charge (provided on the basis of Freeware software).

 

  • §4 [Conclusion and termination of the Contract]
  1. The Contract for the provision of services is concluded between the Service Provider and the Customer for the duration of the subscription period. After the end of the subscription period the Agreement is automatically renewed for an indefinite period if neither of the parties terminates it within 30 days to complete the Subscription period in the written form.
  2. After the renewal of the Agreement for an indefinite period either party may terminate this Agreement with a one-month notice period, in the wriiten form.
  3. After the conclusion of the Contract the Service Provider enables access to the Service and Mobile Application for all Users indicated by the Client in accordance with the conditions set out in the Agreement.
  4. The User can unsubscribe at any time with the use of the Service through the deregistration. In this case, the Client is not entitled to the reimbursement of fees paid to Service Providers for providing a full range of services.
  5. The Service Provider may terminate the Agreement with the Client immediately both during the subscription period and at the renewal of the Agreement for an indefinite period in the event of late payment by the Client of a VAT invoice, preceded by a request for payment.

 

  • §5 [The Use of Mobile Application and Service]
  1. In order to use the Mobile Application and the Service the User who downloaded the Mobile Application for the Android system or wants to use the Service via the computer he or she is obliged to go through the registration form located in the Application or Service to register as a User, ie. give the required data in the form and create a password.
  2. The necessary condition for the User to start using the Services (both the Service and Mobile Application) is to become familiarized and accept the Rules of the Service by marking options have read and accepted the Terms and Conditions located at the end of the registration form the User. There is a notice for each User that “By clicking Sign Up, you agree to our Terms of Services and that you have read our Privacy Policy”.
  3. The Service Provider verifies the right of the person signing up whether he or she has a given e-mail address by sending the activation link to the Service. The click into the activation link in the web browser results in the registration of the User and thus the commencement of the Services by the Service Provider.
  4. The User can pair the Application with the User’s accounts at social networking sites. In this case, it will be possible to register and then login to the Application by the access data to the social accounts. In this case, the data for the registration is the one provided by the User for the purpose of creating an account in social networking sites.
  5. The Service Provider may refuse or block the access to the Service and Mobile Application for the User in the following cases:
    1. the publication of the User’s Content which is offensive, illegal or infringing copyrighted goods, including personal,
    2. the use of Services by the User to publish advertisements about goods and services and any information of a commercial nature,
    3. the User wants to copy, modify, distribute, transmit, or use otherwise of any Content and databases available on the Website and Application, except for using them in the fair use,
    4. the User takes any action likely to impede or disrupt the functioning of the Service or Application and the use of the Service and the User Application as a nuisance to other Users and Clients,
    5. use the Services in a manner inconsistent with the law, the Terms & Conditions, morality, violating personal rights or other users of the Service Provider,
    6. lack of acceptance by the User of a new version of the Regulations.
  6. The access for the User to the Mobile Application or Service may be suspended by the Service Provider. If his or her
    1. actions violate the law,
    2. actions violate decency,
    3. actions violate the personal rights of third parties,
    4. actions threaten the security of data stored in the Application.
  7. If the User intends to use the Service or Mobile Application according to descriptions referred to in paragraph. 5 and 6, the Service Provider will inform the user immediately via e-mail.

 

  • §6 [Functionalities of Mobile Application and Service]
  1. The Application supports User’s commute to work in the way of ridesharing (carpooling) and provides the User with the information, such as: ridesharers: for the Users, suggestions of other Users to ride with in accordance with their filled in schedules, seats’ bookings in User’s cars.
  2. The Users are entitled to add any number of rides in the Service or Mobile Application.
  3. The Users are entitled to receive suggestions of matches to the contact details given at the registration directly to the Mobile Application and Service.
  4. The Users are entitled to book seats in the cars, as well as can reserve seats in their own cars for the Users. Reservations requests should be accepted. Reservations can be deleted.
  5. The Users are entitled to receive and send each other private text messages via the internal messaging system.
  6. The User can set the so called avatar, so photos that will appear with his/her Login and is visible to other Users. Setting avatar means that the User has the right to use it in such a way, and if the avatar contains the image of the User, the User gives personal authorization to distribute this image in the Service and in particular by presenting it in the Mobile Application.
  7. Google Maps are used for the purposes of the Mobile Application and the Service.
  8. Help for the Mobile Application and Service is provided to all Users via Support.

 

  • §7 [Responsibilities of the User]
  1. The User does not pay any fees for the use of the Application or Service.
  2. The User is obliged to provide valid data, including personal data and contact information during the registration to the Service, as well as during the use of the Mobile Application necessary for the proper implementation of the Services,  including:
    1. first name and last name;
    2. email;
    3. mobile phone number.
  3. The User is obliged to update the provided data referred to point. 1 immediately after the occurrence of circumstances justifying such an update.
  4. Each visitor of the Service or user of the Mobile Application is required to obey relevant provisions of law, in particular to respect the widely understood intellectual property rights and personal rights of third parties.
  5. The User is obliged to protect the access data to the Mobile Application or Service.
  6. The User is fully and solely responsible for the data and content provided to the Mobile Application or Service.
  7. The User being a driver and offering ridesharing to work is obliged to have a valid driving license, current liability insurance of motor vehicles and recent technical examination of the car for a vehicle traffic in accordance with generally applicable laws.
  8. The user of the Services is obliged to refrain from:
    1. the publication of offensive, illegal or infringing copyrighted goods, including personal,
    2. use the Service to publish advertisements about goods and services and any information of a commercial nature,
    3. copying, modification, distribution, transmission or otherwise use any of any content and databases available on the Website and Application, except for use of them within the allowed use,
    4. take any action likely to impede or interfere with the functioning of the Services or Applications and the use of the Services and Applications in a manner oppressive to others the Clients,
    5. use the Service in a manner contrary to the law, the Regulations, morality, violating personal rights of others or the legitimate interests of service providers.

 

  • §8 [Liability of the Service Provider]

The Service Provider is responsible for electronically supplied Services under the terms of the Act of 18 July 2002 on electronic services (Dz. U. 2004. No. 2004 pos. 959 as amended.) as well as the provisions of applicable law.

 

  • §9 [Payments]
  1. The Use of Services – both the Web Service and Mobile Application is not free of charge for the Client and requires Subscription Fee payment.
  2. Detailed information on the amount of Subscription Fee and other charges are determined between the parties in the individually set Agreement.
  3. Subscription Fee shall be paid within the period of time specified in the Agreement.
  4. The amount of the Subscription Fee determined individually in the Agreement is valid for the Client until the end of the subscription period. After the end of the subscription period the Service Provider is entitled to terminate the Subscription Fee in the written form with a 2-month-period advance.
  5. Subscription Fee will be paid to the Service Provider business account in accordance with the Tax Invoice.
  6. Service Provider and the Client may individually agree on Additional Fees for Services dedicated to Users identified by the Service Provider.

 

  • §10 [Personal Data Protection]

Issues related to privacy and personal data protection is governed by Privacy Policy available on www.inonecar.com.

 

  • §11 [The protection of intellectual property rights]
  1. All type of content available on the Site and Mobile Application, including the selection and arrangement thereof is applicable within the meaning of the Act of 04.02.1994. on copyright and related rights.
  2. Using the Website or the Mobile Application by the User or any other person visiting a Website does not result in the acquisition by these entities any intangible property rights to shared tracks, except for the right to use them in the range prescribed by law and fair use necessary to perform the contract for the provision of services.
  3. It is strictly forbidden to interfere in the content of the Website or the Mobile Application, as well as to modify or use them in a manner other than specified in the Terms & Conditions without the prior consent of the Service Provider expressed in writing to be valid.

 

  • §12 [Claims and Complaints]
  1. This part of the Terms & Conditions defines the procedure of the complaint.
  2. The complaint may be submitted:
    1. in writing to the address: inOneCar.com Sp. o.o., ul. Wrocławska 42, 56 400 Oleśnica marked “complaint” or
    2. electronically by email:  contact@inonecar.com.
  3. Notification of complaint should contain a description of the event which is the subject of the complaint, and the details of the User or Customer.
  4. The Service Provider shall consider the complaint at the latest within 14 working days of its receipt.
  5. If the complaint does not meet the conditions set out above, the Service Provider shall immediately ask the Claimant for supplementing it.
  6. The answer to the complaint is sent to the email address from which you received  the notification, unless you have provided in the application for other contact details.

 

  • §13 [Closing provisions]
  1. The content of the Terms & Conditions is available at www.inonecar.com/help/terms  in a way that it saves to the computer or the media or print. In addition, the Terms & Conditions is available in the Application.
  2. Amendments to the Terms & Conditions enter into force upon their acceptance by the User.
  3. The Service Provider reserves the right to transfer all or part of the rights and obligations arising from the Terms & Conditions onto a third party or entering into outsourcing contracts related to them; the User hereby agrees to it by becoming bound by the Terms & conditions. The User may not assign or waive any rights or obligations under the Regulations without a written consent from the Operator.
  4. The Users of the Site shall be free to access the Terms & Conditions at any time, using the link found on the Sites landing page, or by contacting the Service Provider at  help@inonecar.com.
  5. In case the User does not agree to the new content of the Terms & Conditions is bound by the existing content of the Terms & Conditions.
  6. Any dispute arising from these Terms and Conditions or arising in connection therewith shall be settled by a court of general jurisdiction over the provisions of applicable law.
  7. In matters not regulated herein, the Polish law shall apply, and in particular the provisions of the Act on electronic services, the Law on Personal Data Protection, the Civil Code and other mandatory provisions of the law.
  8. This Terms & Conditions for inOneCar.com document is in force since 23th of March 2016.

 

This post is also available in: Polish

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