1. Megacarpool (hereafter also referred as "Company") is a dynamic service facilitating a group-making mechanism that allows commuters to share in carpooling arrangements (hereafter referred as "Service"). Use of the Service is voluntary and entirely at the discretion of participants. It is activated through registration of commuters seeking carpooling with Megacarpool either online through our website www.megacarpool.com or through hard copy registration.

2. Megacarpool has no control over the quality, safety or legality of the persons registering for this facility. By engaging in carpooling on the Megacarpool platform, you agree and accept that Megacarpool shall have no responsibility and does not accept any liability for your safety either personally when travelling or of any transaction made through our website or in any electronic form.

3. To register for the Service, an applicant must:
(a) be at least 18 years of age.
(b) provide consent to our collection, use and disclosure of your personal information as set out in our Privacy Policy.
(c) have insurance of his/her car, along with passenger insurance coverage and complete documents for the same. The company can deny membership if you don't have the insurance cover mentioned above.
On successful registration for the Service, the applicant becomes a "Member"

4. The Member will be provided with a User ID and Password along with a Smart Card with a unique Registration ID. The smart card will contain his/her personal information and will serve as a debit/pre-paid card. A GPS device will be installed in the Member's car, cost of which will be borne by the Member.

5. Megacarpool Service covers two types of routes - Fixed and Ad hoc. A Member who gives a ride to other Members on the basis of matches found for him/her based on route preferences and personal information provided, earns credits for the number of kilometres for which lift has been given which can be redeemed by him/her when corresponding ride has been taken or settled through the Mega Cash payment system.

6. Megacarpool charges an initial deposit from the Member for availing the Service. In addition, a monthly fee as prescribed will also be charged from every Member. Apart from intra-se mileage credit/debit between Members, there will also be an optional payment settlement mechanism between Members on a per kilometre rate for kilometres travelled by a ridesharing Member.

7. For the purpose of payment settlement, Megacarpool Service will offer a co-branded Smart Card for payment settlement in partnership with Itz Cash. All financial transactions can be done through this non-transferable Smart Card provided under the brand name "MEGA CASH". Use of Mega Cash Card is voluntary and entirely at the discretion of the Members.

8. If a proposed Member provides details of a Credit Card for any purpose, he/she warrants that he/she is fully entitled to use the card and that the account to which the card is attached has sufficient funds to cover the charges, which he / she has agreed at the time of providing the details, are to be deducted from it.

9. The proposed Member warrants that, when registering for the Service and at any time Megacarpool requests information from him / her, he/she will provide accurate and complete information. The Member warrants that, he/she will not do, or permit or allow any person to use the registration number allocated to him / her by Megacarpool to do, anything that will bring Megacarpool or the Service into disrepute.

10. The Member acknowledges and agrees that it is solely his/her responsibility to ensure that he/she has adequate insurance coverage to protect himself / herself and other Members of the Service traveling in his / her car.

11. The Member acknowledges that Megacarpool 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 is using the Service for a purpose or in any other means which are considered to be other than the intended purposes.

12. Every Member availing the Service must ensure and is otherwise responsible for his / her personal safety. No Member may transmit through any means any unlawful, harassing, libellous, abusive, threatening, harmful, obscene or otherwise objectionable speech or material. No Member may do anything or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. We do not endorse or control objectionable or unlawful conduct or use of the Service or any of its technology platforms by Members. Under no circumstances will Megacarpool be liable in any way for any Member conduct, including without limitation, for any loss or damage of any kind incurred by you as a result of such conduct or use of any User Content transmitted, uploaded, posted, e-mailed o otherwise made available via our website or through any technology platform made available to Members¹. Any financial transaction undertaken between Members is at their own risk.

13. Megacarpool reserves the right to review or modify the Terms and Conditions of this Service from time to time at our sole discretion with or without prior notice to the Member and such modification shall be effective immediately upon posting on the website. The most current version of the Terms and Conditions will always be available on the Megacarpool website and it is the Member's responsibility to review Terms and Conditions of this Service periodically and make himself/herself aware of any modifications. The Member's continued use of this Service will be deemed to be his/her conclusive acceptance of the modified Terms and Conditions of the Service.

14. Megacarpool makes no undertaking, promise or guarantee to the Member that the Service will be successfully able to "match" you with another Member. Megacarpool may offer new or additional services from time to time. The Member's use of those new services may be subject to different Terms and Conditions. Provided the terms and conditions governing the new services are notified to the Member, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.

15. All financial transactions through the Mega Cash Card will be facilitated by Itz Cash and would be governed by the terms and conditions of Itz Cash. Please visit the Itz Cash website to review their Terms & Conditions and Privacy Policy at www.itzcash.com. Megacarpool is not responsible for any financial transaction done through the Mega Cash Card and shall have no monetary liability towards the same.

16. Megacarpool is committed to protecting and safeguarding your privacy. This Privacy Policy describes how we may use the personal information collected in the process of registration and with whom we may share it. This Privacy Policy also describes the measures we take to protect the security of your information as well as how you can access, modify or delete your personal information at any time. It also explains how you can object to the processing of your personal information or to receiving communications about our products and services and also those from third parties. However, as no data transmission over the internet can be guaranteed to be completely secure, Megacarpool cannot ensure or warrant the security of any information you transmit or receive through the website. These activities are conducted at your own risk.

17. The information submitted by the subscriber during the registration process is entered into Megacarpool's database. This information may be received through online registration or through hard copy submission of registration forms. Group matches are made via our data server and based on proximity of origin and worksite addresses and work schedules. If the subscriber has agreed to be matched with potential carpool partners, he / she receives the subscriber's contact information online or through SMS.

18. Megacarpool therefore reserves the right to share your personal information with other subscribers to find potential carpool partners. We also reserve the right to share participation reports and programme statistics with our subscribing entities, e.g. your employer, tertiary institution or the local or central government for statistical reasons.

19. The technology that we use also allows Megacarpool to collect aggregate information that does not identify you personally but lets us know your technology usage like the Uniform Resource Locater, Internet Protocol address, your operating system and browser type, etc. of you have chosen to register with Megacarpool online. We may collect, compile, store, publish, promote, report, or otherwise disclose or use any such aggregate information which does not personally identify you. If any such aggregate information is correlated to you, it will be protected like any other personally identifiable information as described under this Privacy Policy.

20. Megacarpool may provide you with service related announcements by any means, including email or SMS, concerning the carpool service, our website or contact you regarding your customer service requests or questions. For example, all registered users will receive a welcoming email or SMS to confirm their registration. We may also contact you for program evaluation and feedback purposes. We may use your personal information to provide you with customised service and use of our website. For example, we may suggest routes or products that would be of particular interest to you. Such customised information may be conveyed to you by way of emails or text messages/SMS. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of service that Megacarpool offers its Members.

21. The information you have provided may be used by Megacarpool to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information or promotions. If at any time you decide that you would not like to receive these emails, you may select the 'Unsubscribe' link on the email.

22. Megacarpool may also send you text message/SMS alerts containing product and event information or promotions on your mobile phone³. Please note that Megacarpool will never send you any unsolicited text message on your mobile phone. We do not charge any fee for you to receive any text message from us. However, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. If you decide that you would no longer like to receive such text messages, not related to information relating to finding of carpool matches, please visit our website at www.megacarpool.com to opt out of promotional SMS alerts or get in touch with our Customer Service Helpline at 011-46224622 to unregister for the same.

23. Participation in Megacarpool's Service is an individual decision. The Member will be provided with a User ID and Password along with a Smart Card with unique Registration ID. The Member must ensure that the password is kept secure and confidential and that it is not revealed to any person.

24. The Member will be entirely responsible for any and all activities that occur under or through the use of his / her User ID and password. Use of the Mega Cash Card is voluntary and entirely at the discretion of the Member. Megacarpool is not responsible for any financial transaction done through the Mega Cash Card and shall have no monetary liability towards the same.

25. Megacarpool will not provide your personally identifiable information to third parties for their use in marketing their products or services to you without your 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.

26. Megacarpool may retain other companies and individuals to perform functions on our behalf consistent with this Privacy Policy. Examples include data analysis firms, customer support specialists, email vendors, web-hosting companies and fulfilment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to personal information needed to perform their functions but may not use such information other than on our behalf and in accordance with this Privacy Policy.

27. As we continue to develop our business, Megacarpool might sell certain of our assets. In such transactions, user information, including personal information, is generally one of the transferred business assets. By registering with Megacarpool you agree that your personal information data may be transferred to such parties in these circumstances.

28. Megacarpool may disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request. In addition, we may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.

29. Registration for the Megacarpool facility is open only to those individuals who are 18 years of age or above and who are able to legally form a binding contract. We do not knowingly retain any information relating to any individual below the age of 18 years. If registration has been obtained through false representation of facts, Megacarpool reserves the right to terminate the registration and delete all personal information from our records.

30. Access to and use of Megacarpool's website is provided as a free service to enable you to organize rideshares. As such, without limiting any rights you may have under the Consumer Protection Act 1985 or any other Act / law in force at that time, to the fullest extent permitted by law you agree that carpoolers are completely responsible for the operation of their carpools. On becoming a Member with Megacarpool, you acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or personal injury (including death), or any other compensation of any kind whatsoever against the Company and Company's partners, that arise directly or indirectly with respect to your use and/or reliance on the information provided in this website or otherwise, your membership with this website and/or your use of the carpool Service and agree to indemnify and hold harmless us and our partners for same.

31. Megacarpool nor its suppliers shall be liable to the Members for any incidental, consequential, special, indirect or exemplary damages arising out of its services, software (firmware and applications), merchant links, licensed products and software, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Megacarpool shall have no monetary liability to any Member for any cause (regardless of the form of action) under or relating to this agreement.

32. You acknowledge and agree that you will be using the information provided in our website at your own risk and that Megacarpool and our partners are in no way responsible, and provide no warranty (express or implied) and/or guaranty of any kind with respect to, the information provided herein. You acknowledge and agree that it is your responsibility to select the carpool co-participants who are most appropriate for your needs.

33. The services, software (firmware and applications), merchant links, licensed products and software are provided on an "as is" and "with all faults" basis and Megacarpool and its suppliers expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. No oral or written advice or information provided by Megacarpool or any of its agents, employees or third party providers shall create a warranty, and the Member is not entitled to rely on any such advice or information. This disclaimer of warranties is an essential condition of the agreement.

34. The contents of our website and services may include links to third party materials ("linked sites"). Megacarpool will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by the Member from accessing, using, relying on or trading with third parties. These links are provided to the Member only as a convenience, and the inclusion of any link does not imply company endorsement of the site or any association with their operators. The Company reserves the right to prohibit links to the website and the Member agrees to remove or cease any link upon our request. The Member may not frame any part of the website material by including advertising or other revenue generating material.

35. Megacarpool reserves the right to advertise solely at its own discretion on its website as well as My Screen. This shall include location-based advertising and still / video advertising as per commercial arrangements entered into with advertisers, clients, business associates by Megacarpool. The Member agrees that he / she has no objection to such advertising by Megacarpool on the My Screen device purchased by him / her and he / she shall claim no monetary benefits in this regard.

36. You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trademarks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the Company's website are owned by the Company or in some cases third parties. The Member must not reproduce copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Company's website except with the prior written consent of the Company.

37. The Member agree to assign, vest, transfer or otherwise confer upon Megacarpool any carbon emission, reduction credits or other rights by any name granted in recognition of carbon emissions, now and in the future, including any proprietary rights introduced by central government of India, State or Local government, in furtherance of the Kyoto Protocol or other national or international agreements that establish carbon trading rights and systems. If Members are required to do any act or sign any document to give effect to the above clause, you agree to do such acts and sign such documents. If you fail or refuse to do such act or sign such document, you empower Megacarpool to do such acts and sign such documents as your attorney.

38. If any Member breaches these terms and conditions, Megacarpool may: refuse the Service to such Member; suspend or terminate the Member's access to the Service or any part of it; and take whatever action it considers appropriate to recover any direct, indirect or consequential loss, damage or expenses that the Company has incurred or suffered as a result of the Member's breach.

39. The carpooling Services and other services are being provided to the Members at a monthly fee as decided by Megacarpool. You agree to pay such monthly fees / subscription to Megacarpool till the time he / she wishes to remain a Member. Megacarpool reserves the right to decide or change the monthly subscription amount, mode of payment, or any other related decision. Megacarpool also reserves the right to discontinue all services, including blocking the use of My Screen, and claim outstandings and damages if any Member discontinues or refuses to pay the monthly subscription to Megacarpool.

40. The Company shall not be held responsible in the event the Smart Card is lost or the 'My Screen' is damaged due to the negligence of the Member.

41. The Network in use for the GSM/GPRS service being provided to the Member by Megacarpool is from a Telecom Operator and will depend on the services as provided by the Telecom Operator. The Company shall not be held responsible for any problem or disturbance in the network.

42. Any illegal transaction by Debit/Credit card, AMEX, DINERS, VISA and Master Card by the Member shall not be the responsibility of Megacarpool and shall be the sole liability of the Member. It would be the Company's discretion to retain the Member or cancel his membership upon detection of such illegal transaction.

43. The total Cumulative Liability of Megacarpool under this terms and conditions on any account whether in contract or otherwise (A) Shall be limited to the last amount paid to Megacarpool by the Member (B) In no event will Megacarpool or its affiliates, employees, officers and directors have any liability regardless of the basis on which Member is entitled to claim damages (including breach, negligence, misrepresentation or under contract or tort claim), for any special, incidental, punitive, consequential or indirect damages, or for any economic consequential damages (including lost profits or savings), even if foreseeable or even if Megacarpool has been advised of the possibility of such damages.

44. Megacarpool is not responsible to Members incurring any loss from hardware/software related problems.

45. Maps, Navigation Application and its updating is sole responsibility of third party map provider. Megacarpool 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, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Megacarpool shall have no monetary liability to the Member for any cause (regardless of the form of action) under or relating to this agreement. The Member acknowledges that the use of the Licensed Map Products with a non-licensed map may result in increased variance between the location displayed on the map and ground truth location. The Member shall not provide display or allow access to the actual numerical latitude and longitude coordinates. The Member shall not use the Value Added Product to create (or assist in the creation of) a digital map database. A "digital map database" means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges. The Member shall not use the Value Added Product to provide competitive information about Map provider or its products to third parties.

46. Services/Products offered by third parties are their responsibility. Megacarpool is not responsible for its quality, warranties, after sales service, parts etc.

47. Megacarpool is not responsible for any Member / third party claims for road issues related to hardware / software.

48. Megacarpool is not responsible for any government / transport department claims to the car owner.

49. All the differences / disputes / claims will be settled mutually and subject to New Delhi jurisdiction only.

50. 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'. Megacarpool 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.

51. 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.

52. Though Megacarpool has verified the credentials of the Members before granting membership, you acknowledge that the Company is not and cannot be responsible for the behavior of Members. In particular, you acknowledge that the Company does not screen or monitor Members and has no way of ensuring that the information contributed by Members is accurate.

53. If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.
If you have any questions regarding these Terms and Conditions, please email us at info@megacarpool.com

Copyright © Megacarpool Pvt Ltd. All rights reserved.

¹Please 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.

²Please 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.

³Unsolicited 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.