Amo Inc. (hereinafter referred to as "Twenzao") has developed a carpooling application accessible on a website at the address www.twenzao.com or in the form of a mobile application, and designed to put drivers travelling to a given destination in contact with passengers going in the same direction, in order to enable them to share the Trip and therefore the associated costs (hereinafter referred to as the "Platform").
By signing up on the Platform, you recognise having read and accepted all these general conditions of use.
In this document,
"Ride" means an advertisement about a Trip posted on the Platform by a Driver; "T&Cs" means these Terms and Conditions; "Account" means the account that must be created in order to become a Member and access certain services offered by the Platform; "Driver" means the Member using the Platform, to offer to transport another individual in exchange for the Cost Contribution, for a Trip and at a time defined by the Driver alone; "Booking Confirmation" has the meaning given to it in Article 4.2.1 below; "Member Content" has the meaning given to it in Article 11.2 below; "Service Fee" has the meaning given to it in Article 5.2 below; "Member" means any individual having created an Account on the Platform; "Passenger" means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a Seat; "Cost Contribution" means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs; "Seat" means the seat booked by a Passenger in the Driver's vehicle; "Platform" has the meaning given to it in Article 1 above; "Booking" has the meaning given to it in Article 4.2.1. below; "Services" means all services delivered by Twenzao via the Platform; "Website" means the website accessible at the address www.twenzao.com; "Leg" has the meaning given to it in Article 4.1 below; "Trip" means the journey subject of a Ride published by a Driver on the Platform, and for which he agrees to transport Passengers in exchange for the Cost Contribution; "Online Payment Booking" has the meaning given to it in Article 4.2.1 below; "Cash Payment Booking" has the meaning given to it in Article 4.2.2 below;
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
The Platform enables Members to post and view Rides and to interact with each other to book a Seat. You can view the Rides if you are not registered on the Platform. However, you cannot post a Ride or book a Seat without having first created an Account and become a Member.
To create your Account, you can:
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Twenzao, in order to guarantee its relevance and accuracy throughout your contractual relations with Twenzao.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Twenzao immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Twenzao of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Twenzao may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to "verified" information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Twenzao cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
As Member, and providing you fulfil the conditions below, you can create and post Rides on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Ride, you can indicate the stopover towns in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these stopover towns or between one of these stopover towns and the collection point or destination of the Trip constitute "Legs".
You are only authorised to post a Ride if you fulfil all of the following conditions:
You recognise that you are solely responsible for the content of the Ride you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Ride, and you undertake to fulfil the Trip under the conditions described in your Ride.
Providing your Ride complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of Twenzao's partners. Twenzao reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Ride that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognise and accept that the criteria taken into account in the classification and the order of display of your Ride among the other Rides are at the sole discretion of Twenzao.
Twenzao has set up a system for booking Seats online ("Booking") for some Trips offered on the Platform ("Online Payment Bookings").
Eligibility of a Trip for the Booking system remains at the sole discretion of Twenzao, which reserves the right to modify these conditions at any time.
When a Passenger is interested in a Ride benefiting from Booking, he may make an online Booking request. This Booking request is either:
If you are a Driver and have chosen to handle manually the Bookings requests when posting your Ride, you are required to respond to any Booking request within the timeframe specified by the Passenger during the Booking request. Otherwise, the Booking request will expire automatically and the Passenger shall be refunded all sums paid at the time of the Booking request, if any.
At the time of the Booking Confirmation, Twenzao will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member.
For journeys not benefiting from the online system for booking Seats ("Cash Payment Booking"), Twenzao offers a free service (i.e. without Service Fee) enabling the Passenger to place a booking without making an online payment for the booking and associated Service Fees. You are then solely responsible for arranging the details of the Trip with the other Member, and you alone assume the risks linked to cancellations, changes of the details of the journey, and non-payment of the Cost Contribution.
Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to Twenzao and the other Members participating in the Trip.
However, Twenzao allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver (in the context of a Cash Payment Booking), the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone. In the case where you are reserving a seat for a minor over the age of 13 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
Furthermore, it is prohibited to publish a Ride for a Driver other than you.
Twenzao encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel.
Your review, and the review left by another Member about you, if any, are only visible and published on the Platform after the shorter of the following periods:
You recognise and accept that Twenzao reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
Twenzao reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where
Access to and registration on the Platform, as well as searching, viewing and posting Rides, are free of charge. However, the Booking is charged under the conditions described below.
The Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Trip. Otherwise, you alone will bear the risks of recharacterization of the transaction completed via the Platform.
In the context of Online Payment Booking, Twenzao, in exchange for use of the Platform, at the time of Booking, shall collect service fees which are calculated as a percentage of the Cost Contribution and shared amongst both Driver and Passenger in proportions and magnitude decided by Twenzao.
The Service Fees are collected by Twenzao for each Seat subject of a Booking by a Passenger.
You recognise and accept that Twenzao may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
In using the Platform as Driver for Online Payment Bookings, you confer on Twenzao a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of an Online Payment Booking, and after manual or automatic acceptance of the Booking, Twenzao shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).
The Cost Contributions received by Twenzao are deposited in an account dedicated to payment of the Drivers.
You recognise and accept that none of the sums received by Twenzao in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of Twenzao, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, Twenzao may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to Twenzao. In the absence of claim of the Passengers within this period, Twenzao shall consider the Trip confirmed.
From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
Twenzao reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to Twenzao, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
Twenzao also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Twenzao that you are generating a profit on the Platform.
The cancellation of a Seat on an Online Payment Booking by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
When cancellation occurs before departure and owing to the Passenger, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs. Twenzao appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Twenzao consisting of putting you in contact with another Member has been fully executed.
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
Furthermore, when you use the Platform as Driver, you undertake:
When you use the Platform as Passenger, you undertake:
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these T&Cs. Twenzao reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
You can terminate your contractual relations with Twenzao at any time, without cost and without reason. To do this, simply click on "Delete Account" in your Profile page.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Twenzao has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Twenzao reserves the right to:
Subject to the contents provided by its Members, Twenzao is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Twenzao grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Twenzao. Notably, you are prohibited from:
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Twenzao a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your "Member Content"). In order to enable Twenzao to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Twenzao, for the whole world and throughout the duration of your contractual relations with Twenzao, to reproduce, represent, adapt and translate your Member Content as follows:
The Platform constitutes an online networking platform on which the Members can create and post Rides for Trips for the purposes of carpooling. These Rides can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Ride on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that Twenzao is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
Twenzao has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Rides, and it does not offer any Trips on the Platform.
You recognise and accept that Twenzao does not control the validity, truthfulness or legality of the Rides, Seats and Trips offered. In its capacity of carpooling intermediary, Twenzao does not provide any transport service and does not act in the capacity of carrier; the role of Twenzao is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, Twenzao cannot be held liable for the effective occurrence of a Trip, and notably owing to:
Twenzao shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Twenzao reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
These T&Cs and the documents integrated by reference express the entire agreement between you and Twenzao relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Twenzao may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect.
Operation of the platform is governed by Tanzanian law.