terms conditions

Terms & conditions – ZenOnCar

I. Extent of Terms and Conditions

1. The present Agreement applies to services proposed by the website www . zenon car .com or the
related mobile applications.

1a. The car-pooling services offered by the Sites and Apps are edited by ZenOn Tech S.A.R.L.S.,
company with capital of 1 000 EUR, head office in Grand-Duchy of Luxembourg, also referred to
for the present Agreement as the “Company” or the “Editor”. The Company is also known under its
trademarks ZenOnCar, ZenOn Car and Zenon Technologies as stated in its statuses. Every of
these names is registered by the Company and may be used only by the Company or with its
authorization.

1b. Hosting and some other services are provided by Done SARL, head office 60, rue de
Reckange L-3943 Mondercange, Grand-Duchy of Luxembourg, operations office 5b, rue de
l‘Étang, L-5324 Contern, Grand-Duchy of Luxembourg (http://www.done.lu/), RCS B 192 415.

1c. “Site” or “Website” refers to the websites www.zenoncar.com and www.zenoncar.club and more
generally any website or mobile app edited or co-edited by the Company or any other company or
website or mobile app using, with the authorization of the Company, the information of the Site.

2. Vocabulary. For the present Agreement:
(a) “Website”, “Site”, “App”, “Apps” or “Mobile Apps” refer without distinction to all the services
provided by the Company. All the services provided by the Editor are referred to altogether:
Whatever applies to the Sites or the Apps applies to all the services provided by the Editor.
(b) “ZenOnCar”, “Company” or “Editor” designates the editing company of www . zenon car .com
and www.zenoncar.club or the related mobile applications as stated above.
(c) “Driver” designates the physical person offering to drive a car or automotive vehicle, for a
ride.
(d) “Car” or “Vehicle” designates an automotive vehicle used for the rides, or its owner.
(e) “Owner” or “Owner of the Car” designates the owner or possessor of the automotive vehicle
designated above as “the Car” and used for the Ride.
(f) “Passenger” designates a physical person present inside the Car for the ride but not
currently driving nor supposed to be the driver.
(g) “Ride” designates the operation by which the Driver accepts to Drive the Car owned by the
Owner towards a destination with zero, one or several Passengers.
(h) “Member” designates without distinction the Driver, Owner or the Passenger, having
accepted the present Agreement and using the Sites/Apps as a Passenger or a Driver.
Members are alone responsible for using or not, or accessing or not, the services offered
by the Sites and Apps, and especially responsible for using the car-pooling services.
(i) Agreement designates the present Agreement and the Charter of Good Conduct below.
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(j) “Service” or “Services” designates every service offered by the Sites and Apps to a
Member, considering that the Company is never part to any sort of transportation contract.
“Service” or “Services” may also designate, by extension, the Sites and Apps provided by
the Editor.

3a. Acceptance of Agreement: This Terms and Conditions agreement ("Agreement") is a contract
between you and the editor of ZenOnCar apps and www . zenoncar .com and www.zenoncar.club
websites or related sites (below referred to as "Site" or “Sites”). The Sites and Apps are offered to
you conditional on your acceptance of this Terms and Conditions Agreement, and also the Charter
of Good Conduct below and the Privacy Policy.

3b. Please review the terms and conditions set out below before using the Sites and Apps. Your
continued use of the Sites or Apps after such time will signify your acceptance of this Agreement,
the Charter of Good Conduct and the Privacy Policy

3c. This Agreement and all policies and terms incorporated by reference constitute the entire
agreement between you and the Site. Where referred to the "ZenOnCar group" includes ZenOnCar
company and any and all associated companies, subsidiaries, entities or affiliates. If you do not
agree to any of these terms and conditions you should immediately cease to use the Sites and
Apps.

4. Amendment of Agreement: ZenOnCar group may amend or modify this Agreement in whole or in
part from time to time, without notice, by posting an amended Agreement on the Sites or mobile
Apps or any linked information. Such updated version of the Agreement will be effective at the time
we post it.

Especially the Editor keeps the right to update its services or to add new services (free or with
payment).

5. Conflict between Agreement and Privacy policy: To the extent that there is any inconsistency
between the terms of this Agreement, the Privacy policy or any agreement between Users or
between the Sites/Apps and the Users, then those documents will be read in the following order of
precedence: - first, the present Agreement will take precedence over all other documents; and -
second, Privacy policy will take precedence over any separate agreement.

6. Users: The terms "You", "Your", "User", or "Users" refer to anyone accessing the Sites and/or
Apps. The Sites and Apps provide a venue to introduce Users willing to enjoy car-pooling as a
mutual favor. The Sites and Apps enable Users to identify each other, and contact each other, in
order to enjoy a car-pooling ride together, supposedly for free.

The Company may not be held responsible in case of erroneous or frauduous information given by
the Members.

7. No transaction will occur between the Users, else agreed between themselves independantly
from the Sites and Apps. The Sites and Apps do not favour nor encourage people to exchange
money for rides they made together, nor give means to do such payments between Users. The
Sites and their editor claim being not responsible for any money transaction between the Users,
this occuring or not during the use of the Sites and Apps.
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8. ZenOnCar not a party: When Members agree to make a ride together using the Services offered
by the Company, ZenOnCar company is not a party to the Agreement made between the
Members. We are not involved in any transactions nor issues between Users. You acknowledge
and agree that the ZenOnCar company or its shareholders or subsidiaires will not be a party to any
such dispute regarding transactions nor other issues involving the Sites/Apps or be obligated to
take any action or refrain from taking any action toward resolving any such dispute. If you have a
dispute with any other Users of the Sites/Apps, you hereby release the ZenOnCar company (as
applicable) as well as our related entities, affiliates, and our and their respective officers, directors,
agents, and employees, from any and all claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, related to such a dispute.

9. Applicable law: Any dispute arising out of or in connection with this Agreement shall be governed
by the laws of the Grand-Duchy of Luxembourg. The parties irrevocably submit to the nonexclusive
jurisdiction of the courts of Grand-Duchy of Luxembourg.

10. General: The provisions of this Agreement are severable, and if any provision of this
Agreement is held to be invalid or unenforceable, such provision may be removed and the
remaining provisions will be enforced. Nothing in this clause shall exclude or restrict your liability
arising out of fraud or fraudulent misrepresentation.

II- Use of Service

II.1 User Account
11. Using the Services offered by the Company implies mandatorily that the User creates a
Personal account, also referred to as “Profile”. Each Member must provide all personal data
needed by the Sites/Apps in order to offer matchmaking services, including first name, last name,
phone number and valid email address.

11a. All Members commit themselves that they are more than 18 year old when they subscribe.
ZenOnCar cannot be held responsible in case of erroneous or fraudulous information given by the
Members.

11b. Members commit themselves never to create nor use other accounts than the Profile initially
created, under their own identity or from other people identity. Any exception to this rule must be
asked in advance to ZenOnCar by the Member and agreed by ZenOnCar. The fact of creating or
using new accounts under their own identity or the identity of other people without prior
authorization of ZenOnCar can induce the immediate suspension or deletion of the Members
accounts and all related services.

II.2 Use of Service under non professionnal and non trade purposes
12. Members commit themselves to use the Service only for meeting other riders, under non
professionnal and non trade purposes. ZenOnCar cannot be held responsible for any use of its
Services for professional or commercial purpose.

12a. Any infringement to these rule can induce the suspension or removal of any account of a
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Member using a professional vehicle (taxi, VTC, etc.), and who for this reason would make profit
from our Services. In case of any doubt, ZenOnCar may demand the registration licence (“pink
slip”) or any document of any nature attesting that the Member may use the vehicle and does
make no profit from our Services.

12b. May be considered as a professional activity any activity which, by the nature of rides, their
frequency or the number of passengers transported would appear inadequate or exagerated, or
would induce a form of profit for the Member.

12c. Services provided by ZenOnCar are made and built in order to ease a cooperation between
persons, doing each other a mutual favour, without searching for profit. As a consequence, neither
Drivers nor owners of cars can be considered as running a transportation activity. The websites
www.zenoncar.com and www.zenoncar.club and the related mobile apps are only a platform.
ZenOnCar never interferes in the relationships between Users nor the rides, destinations,
schedules or any other condition/characteristic of rides. Neither the Driver nor the Passenger may
expect the other riders to either offer nor provide professional services nor transportation services
other than those provided by non-professional people for personal purposes.

13. Any ride must be prior agreed on website www.zenoncar.com or www.zenoncar.club or related
Apps or websites. Any ride agreed between the Members is considered as a contract between the
Users, which commits all the parties involved.

ZenOnCar may suspend the account or exclude any Member who would disrepect any of the
above terms and conditions.

We strongly remind that ZenOnCar is external to the relationship between the Members and
cannot be held any responsibility nor obligation about the respect by the Members of their
obligations and commitments, especially concerning all rides agreed or not between the Members.

III. Execution of Rides

III.1 Legal Obligations of the Driver and Passengers
14. As of executing the Rides agreed between the Driver and the Passengers:
• The Driver must be sober or at least respect the laws about driving under the influence of
alcohol in the countries concerned by the Ride.
• It is the responsibility of the Passengers and the Owner of Car to check, before the start of
the Ride, that the Driver has a valid driving licence.
• It is the responsibility of the Passengers and the Owner of Car to check, before the start of
the Ride, that the Driver will not drive under the influence of alcohol, and to inquire about
the Driver’s blood level of alcohol. In case of any doubt about the blood alcohol level of the
Driver, the Owner of Car or the Passenger MUST refuse the Ride.
• It is the responsibility of the Driver to check, before the start of the Ride, that the Car is in
good condition and that the Owner of Car get a valid insurance.
• Most insurance contracts permit that the Car be driven by any people under the condition
that the Owner of car is inside the Car, as a Driver or a Passenger. However, this is the
responsibility of the Driver and the Owner o the Car to check this point before starting the
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Ride.

• In Grand-Duchy of Luxembourg, road law make an obligation that any drunk passenger is
transported at the rear of the vehicle, whenever possible. This is the responsibility of Driver
and Passengers to ensure the respect of this law and to check if a similar exists in any
country concerned by the Ride or any part of the Ride.

In case of misrespect of these conditions, ZenOnCar may not be held any kind of responsibility.
Obligations of Good conduct
15. As of executing the Rides agreed between the Driver and the Passengers, all riders agree to
behave according to the Charter of good conduct below.

III.2 Insurance
16. The Owner of the Car commits to have a valid insurance contract for the vehicle involved, and
that the contract allows an other person to drive the vehicle, at least temporarily for the current
ride.

It belongs to the Owner of the Car to check if the insurance contract allows the transportation of
passengers and under which conditions.

17. Please note that some insurance companies may refuse to cover expenses in case of events
that would happen during a ride made as a professional or for commercial purpose. In such case,
the Driver and Owner of Car would support alone the responsibility of events and may never
involve ZenOnCar in any way.

18. ZenOnCar keeps the right to suspend or revoke immediately the account of a Member and to
communicate to any Authority in case of any suspicious activity or in case of suspicion of
disrespect of any legal obligation by the Member.

III.3 Certification of coordinates

19. In order to maximize trust about its Members and avoid typos or obsolete data, the Company
may use at any time any means susceptible to help checking the phone numbers and email
addresses given by its Members. Any Member agrees to certify his/her phone number and his/her
email address and accepts in advance that ZenOnCar does such checkings.
The only phone numbers concerned are cell phone numbers.

IV. Responsability

20. Car-pooling being a result of agreement between Driver and Passengers, the Users of the
Services provided by the Company act under their only responsibility. The actual execution or not
of the Ride agreed between Users cannot, in any case, induce any kind of responsibility from
ZenOnCar, considering that ZenOnCar is only a platform allowing contact between Users.

21. ZenOnCar cannot be held responsible for any event, disaster or damage which would happen
during or because the use of Services provided by the Company or during or because the
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execution of the Rides that would be accepted by the Members.

22. Especially, ZenOnCar cannot be held responsible for:
• the good or wrong communication between Driver, Owner and Passengers, resulting of
erroneous information about the Ride or the rendez-vous,
• the cancelation of the Ride by the Driver, the Owner or any Passenger,
• the exchange of money between Members, which is not encouraged by ZenOnCar since
rides are supposed to be done for free,
• the frauds, faults or misbehaviours from any Member before, during or after the Ride.

V. Availability of Sites and Apps

23. ZenOnCar may not be held responsible in case of unavailibilty of Sites and Apps or in case of
low availability or bad time response.
ZenOnCar always strives to offer the best service ever possible and to make the Site and Apps
available 24/24 and 7/7. However, it may happen that access to websites and apps is interrupted
for any reason, especially for maintenance operations, software or hardware upgrades or updates,
emergency operations or failures of any nature, or due to external circumstances being out of
control of ZenOnCar or the hosting company, such as failures of hardwares (servers,
communication devices, etc.). ZenOnCar commits to take all reasonable measures in order to
prevent failures or perturbations, under the condition they are due to ZenOnCar or under its control
or the control of the hosting company, and to restore an operational service under the condition this
is under the control of ZenOnCar.

24. Members agree and accept that ZenOnCar nor the hosting company would be held any
responsibility in case fo any unavailibility or breakdown of the Sites, Apps or any Service, and
Companies cannot be held responsible for any consequence, nor direct or indirect damage or
expense of any nature as a result of these facts.

25. In any case, and without prejudice of the any terms disclaiming responsibility, any cause of
responsibility that could be held against ZenOnCar or the hosting company would at the most
induce compensation up to the level of fees paid by the Member to ZenOnCar for one year of its
membership, if applicable.

VI. Account suspension

26. In case of disrepect by You of all or any part of the present Agreement or for any objective
reason, such as but non limited to frauds, faults or misbehaviour, you recognize and accept that
ZenOnCar may, at any time, without prior notification, suspend or revoke, temporarily or
definitively, all or part of the Services provided by the Company or your access to the Sites and
Apps (including especially your Profile).
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VII. Privacy policy
VII.1 Personal data

27. As for your use of the platform, ZenOnCar collects and processes sime personal data. By using
any of our Services, you recognize and agree that ZenOnCar collects and processes your personal
data under the conditions of our Privacy Policy.

VII.2 Intellectual Property

28. All ZenOnCar Sites and Apps are property of the Company. Any reproduction of any part of the
websites or mobile apps is submitted to prior written authorization of the Company. Any hypertext
link aiming at any page other than the Home page is submitted to prior written authorization of the
Company.

29. Any people visiting the websites or mobile apps commits not to reproduce any element of the
Sites or Apps. Any disrespect of these conditions would be a counterfeit and may induce legal
prosecution uner civil or penal laws and may expose the infringing visitor to legal consequences of
such acts.

VII.3 Content provided by Members.

30. ZenOnCar cannot be held responsible for any content given by Members on the Sites and
Apps, especially concerning his/her own data or the ratings and comments given to other
Members.

VII.4 Partnerships

31. By accepting and agreeing to the present Agreement, you accept that the information of your
Profile are published on all car-pooling Services provided by the Company.
ZenOnCar keeps the right to reproduce any information of your Profile on the Sites and Apps of the
Company or its partners. Especially, ride requests and offers published on any of the Sites and
Apps of the Company or its partners can be reproduced on other websites and mobile apps edited
by ZenOnCar or third-party websites and apps.

VIII- Disputes and prescriptions

VIII.1 Prescription

32. Any dispute against the Company engaged by any part of the present Agreement is prescribed
within one year.

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VIII.2 Courts and Jurisdictions

33. As needed, in case of any dispute, the competent jurisdiction will be considered as being the
Courts competent for the head office of the Company.
Charter of good conduct

1. Charter of good conduct

The present text dispositions make together the “Charter of good conduct du covoiturage”. This
Charter represents the very spirit of the ZenOnCar car-pooling services, where every User is kind,
responsible and respectful. This Charter applies to all Users of Site and Apps provided by
ZenOnCar.

2. Car-pooling ride

The Driver commits to publish only real Rides, which the User really wishes to make. The
information about route (including source and destination places), the presence or tolerance of
animals, the presence or tolerance of smokers and music, and more generally speaking all
information about all details of logistics, comfort or preferences about the Ride or the author of the
rides published are provided directly by Users and do not undertake ZenOnCar in any way. The
Driver or Owner of Car commits himslef/herself to make the Ride he/she published, with Drivers or
Passengers he/she commited with.

3. Security

Every Driver commits not to take risks when driving and to not absorb any dangerous product or
substance which could alter his/her ability to drive watchfully and in complete safety. On the other
side, all Passengers must not interfere with the Driver.

4. Transparency

Every Member must be able to present immediately his/her documents to any other Member
he/she would ride with, if the other Member asks for them. Concerning a Driver, documents means
a valid driving licence. Concerning the Owner of Car, documents mean the registration licence
(“pink slip”, in French « carte grise ») of the vehicle and a valid insurance certificate. The identities
of Passenger and Driver must match the identities communicated to ZenOnCar. Besides, it is
strictly forbidden to use Sites and Apps of ZenOnCar for professionnal purposes.

5. Fair informations

The Driver or the Passengers must inform other riders as soon as possible if any condition of the
Ride changes and to obtain the agreement of the other riders about the new conditions.

6. Punctuality

Everyone is commited to respect the schedules agreed for departure. The Driver and the
Passengers must be in time at the place agreed between themselves. Over a tolerance of 20
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minutes after the time agreed, the person who is not present is responsible for the cancellation.

7. Law

The Owner of Car and the vehicle are supposed to comply with highway code and all laws. In
addition, all Members commit not to transport any substance nor object illicit or dangerous during
the Ride.

8. Cleanliness

Every Member is supposed to be clean and to behave during the Ride in order not to hinder other
riders.

9. Comfort and conditions of Ride

Generally speaking, every of the following conditions must be agreed between all Users riding
together, the Driver and all Passengers, before the Ride: schedule, place of departure and
destination, luggage, number of persons, smokers, animals, music.
10 Informations published on the Sites and Apps
No User of Sites and Apps may publish information that would be defamatory, offensive or
detrimental to other people. ZenOnCar will remove, as soon as the Company will be
informed, every information disrespecting its ethics. Drivers and Passengers accept in
avance that ratings and comments about themselves may be published on the Sites and
Apps. Users accept that their rating and experience level be calculated and published
according to criteria decided by ZenOnCar.

 

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