RIDERS

1. Subject

Goldstar East PTE Ltd (hereinafter referred to as “ZimiZoom”) has developed a software advertising platform accessible on a website at the address www.zimizoom.com or in the form of a mobile application, and designed to put passengers (ZimiZoom Club Members) travelling to a given destination in contact with drivers (ZimiZoom Club Members) willing to take them to that destination for a certain cost. (hereinafter referred to as the “Platform”).
These terms and conditions have the purpose of governing access to and the terms of use of the Platform. Please read them carefully.
By clicking “Register with an email address”, you recognize having read and accepted all these general conditions of use.


2. Definitions

In this document,
“ZimiZoom” has the meaning given to it in Article 1 above;
“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 accept to transport another individual (the “Passenger”) in exchange for the Cost Contribution, for a Trip and at a time requested by the Passenger.
“Booking Confirmation” has the meaning given to it in Article 4.2.1 below;
“Member Content” has the meaning given to it in Article 10.2 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 requested the transport to a certain destination.
“Cost Contribution” means, for a given Trip, the sum of money requested by ZimiZoom (in case the Passenger makes an online payment), or the Driver (in case the Passenger pays in cash) 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 ZimiZoom via the Platform;
“Website” means the website accessible at the address www.zimizoom.com ;
“Trip” means the journey subject of a search published by a Passenger on the Platform, and for which a Driver agrees to transport a Passenger in exchange for the Cost Contribution;
“Trip with Booking” has the meaning given to it in Article 4.2.1 below;


3. Registration on the Platform and creation of an Account

3.1. Conditions of registration on the Platform
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.


3.2. Creation of an Account
The Platform enables Members to request (a Passenger booking a Seat) and accept Trips (a Driver accepting Passenger’s request).
To create your Account, you need to complete all mandatory fields on the registration form.
To register on the Platform, you must have read and accepted these T&Cs and the Privacy Policy.
When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying ZimiZoom, in order to guarantee its relevance and accuracy throughout your contractual relations with ZimiZoom.
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 ZimiZoom immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified ZimiZoom 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.


3.3. Verification
ZimiZoom 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 recognize 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. ZimiZoom cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.


4.Use of the Services

4.1. Creating an Account as a Driver
As Member, and providing you fulfill the conditions below, you can create an account on the Platform as a Driver.
You are only authorized to accept the Passenger request and drive them to a requested destination if you fulfill all the following conditions:

• (i) you hold a valid driving license;
• (ii) you only perform driving the Passenger using vehicles you own or vehicles with the express permission of the owner, and in all cases that you are authorized to use for the purposes of carpooling;
• (iii) you are and remain the main driver of the vehicle when giving a ride to a Passenger;
• (iv) the vehicle has valid third party insurance;
• (v) you have no contraindication or medical incapacity for driving;
• (vi) the vehicle you intend to use for the Trip is a touring car with 4 wheels and a maximum of 7 seats;
• (vii) you do not offer more Seats than the number available in your vehicle;
• (viii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate.


4.2. Booking a Seat
The methods of booking of a Seat depend on the nature of the Trip envisaged. For some Trips, ZimiZoom has set up an online booking system.

4.2.1. Trip with Booking
ZimiZoom has set up a system for booking Seats online (“Booking”) for some Trips offered on the Platform (“Trips with Booking”).
Eligibility of a Trip for the Booking system remains at the sole discretion of ZimiZoom, which reserves the right to modify these conditions at any time.
When a Passenger is interested in booking a trip in advance, he/she may make an online Booking request. At the time of the Booking, the Passenger makes online payment of the Cost Contribution. After receipt of the payment by ZimiZoom and validation of the Booking request by the Driver, where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).


4.3 Review system

4.3.1. Operation
ZimiZoom encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver). However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Driver 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: (i) immediately after you have both left a review, or (ii) after a period of 14 days following the first review.
You have the option of responding to a review that another Member has left on your profile in a 14-day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.

4.3.2. Moderation
You recognize and accept that ZimiZoom 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.

4.3.3. Limit
ZimiZoom reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.


5. Financial conditions

Access to and registration on the Platform, as well as searching, viewing and posting reviews, are free of charge. However, the Trip and Service Fees are charged under the conditions described below.


5.1. Cost Contribution
The Cost Contribution is determined by the current ZimiZoom Price List available on the Platform. The Cost Contribution consists of the average amount of expenses the Driver will make during the Trip (including the drive to the pick-up destination), increased by 20%-30% for ZimiZoom Service Fees (the percentage varies from country to country).
When a Passenger makes a Trip request, they will get an amount of for the Cost Contribution displayed on the screen, which notably takes account of the nature of the Trip and the distance travelled.


5.2. Service Fees
ZimiZoom is not a taxi service. It is a Platform which helps Passengers connect with Drivers willing to take them to a desired destination. For this service of using the Platform, ZimiZoom charges 20%-30% fee (20%-30% of the Trip expenses and varies from country to country).
In the case of cross-border journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable VAT vary.


5.3. Rounding
You recognize and accept that ZimiZoom may, at its full discretion, round up or down the Service Fees and the Cost Contribution.


5.4. Methods of payment of the Cost Contribution to the Driver
5.4.1. Collection mandate In using the Platform as Driver, you confer on ZimiZoom a collection mandate for the Cost Contribution in your name and on your behalf for Trips paid by Passengers online (using their Credit/Debit Card).
Consequently, in the context of a Trip with Booking, ZimiZoom shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).
5.4.2. Payment of the Cost Contribution to the Driver The Cost Contributions received by ZimiZoom, after being reduced by 20%-30% (Service fee for using the ZimiZoom Platform Service), are deposited in Driver’s Wallet account.
For Trips paid by Passengers in cash, you as Driver collect the entire amount suggested by ZimiZoom that you have accepted before making the Trip (the amount consists of your expenses plus ZimiZoom Service fee) and are obliged to transfer 20%-30% of those Service fees (varies from country to country) to ZimiZoom after each such Trip. Each Driver has their own e-Wallet available on ZimiZoom Platform where they receive their part of the Cost Contribution collected from Passengers who pay online and where they can upload ZimiZoom’s part of the Cost Contribution collected from Passengers who pay in cash.


6. Non-commercial and non-business purpose of the Services and the Platform

You, as a Passenger, agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people willing to drive you to a desired destination.
As Driver, you agree not to request a Cost Contribution higher than the cost displayed by ZimiZoom and based on the current price-list to both your and Passenger’s device.


7. Behaviour of users of the Platform and Members

7.1. Undertaking of all users of the Platform
You recognize 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:

• (i) not to use the Platform for professional, commercial or profit-making purposes;
• (ii) not to send ZimiZoom (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
• (iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of ZimiZoom or a third party or contrary to good morals;
• (iv) not to infringe the rights and image of ZimiZoom, notably its intellectual property rights;
• (v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
• (vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
• (vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the Trip;
• (viii) to comply with these T&Cs and the Privacy Policy.


7.2. Undertakings of the Drivers

Furthermore, when you use the Platform as Driver, you undertake:

• (i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Trip and to be in possession of a valid driving license;
• (ii) to check that your insurance covers your Passengers (that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Trip, even if cross-border);
• (iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
• (iv) to accept only those Trips you are willing to and capable of completing;
• (v) to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
• (vi) not to take more Passengers than the number of Seats indicated in your vehicle description on your Account;
• (vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
• (viii) to communicate to ZimiZoom or any Passenger who so requests your driving license, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
• (ix) in the case of holdup or change to the time or the Trip, to inform your Passengers without delay;
• (x) in the case of a cross-border Trip, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
• (xi) to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
• (xii) to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
• (xiii) not to have any contraindication or medical incapacity for driving;
• (xiv) to behave appropriately and responsibly during the Trip;
• (xv) not to decline any Booking based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.


7.3. Undertakings of the Passengers

When you use the Platform as Passenger, you undertake:

• (i) to adopt appropriate behavior during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
• (ii) to respect the Driver’s vehicle and its cleanliness;
• (iii) in the case of holdup, to inform the Driver without delay;
• (iv) to pay the the agreed Cost Contribution;
• (v) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
• (vi) to communicate to ZimiZoom, or any Driver who so asks, your identity card or any document evidencing your identity;
• (vii) not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
• (viii) in the case of a cross-border Trip, to hold and keep available to the Driver and any authority that may so request any document evidencing your identity and your right to cross the border;
• (ix) to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.


8. Suspension of accounts, limitation of access and termination

You can terminate your relations with ZimiZoom at any time, without cost and without reason. To do this, simply go to the “Close my account” tab of 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 7 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if ZimiZoom 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, ZimiZoom reserves the right to:

• (i) terminate the T&Cs binding you with ZimiZoom immediately and without notice; and/or
• (ii) prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
• (iii) limit your access and your use of the Platform; and/or
• (iv) temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to ZimiZoom. ZimiZoom will decide, at its sole discretion, whether or not to lift the measures put in place.


9. Personal data

In the context of your use of the Platform, ZimiZoom will collect and process some of your personal data. In using the Platform and registering as Member, you recognize and accept the processing of your personal data by ZimiZoom in compliance with the applicable law and the stipulations of the Privacy Policy.


10. Intellectual property

10.1. Content published by ZimiZoom

Subject to the contents provided by its Members, ZimiZoom 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.
ZimiZoom 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 ZimiZoom. Notably, you are prohibited from:

• (i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by ZimiZoom;
• (ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
• (iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.


10.2. Content posted by you on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant ZimiZoom 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 ZimiZoom 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 authorize ZimiZoom, for the whole world and throughout the duration of your contractual relations with ZimiZoom, to reproduce, represent, adapt and translate your Member Content as follows:

• (i) you authorize ZimiZoom to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
• (ii) you authorize ZimiZoom to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.


11. Role of ZimiZoom

The Platform constitutes an online networking platform on which the Members-Passengers can search for Trips and Members-Drivers can accept to perform those searched Trips. ZimiZoom Platform is designed to only help connect people who need to reach a specific destination with people who are willing to drive them to that destination.
ZimiZoom has no control over the behavior of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Members-Drivers, and it does not offer any Trips on the Platform.
You recognize and accept that ZimiZoom does not provide any transport service and does not act in the capacity of carrier; the role of ZimiZoom 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, ZimiZoom cannot be held liable for the effective occurrence of a Trip, and notably owing to:

• (i) erroneous information communicated by the Driver with regard to the Trip and its terms;
• (ii) cancellation or modification of a Trip by a Member;
• (iii) non-payment of the Cost Contribution by a Passenger
• (iv) the behavior of its Members during, before or after the Trip.


12. Operation, availability and functionalities of the Platform

ZimiZoom 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, ZimiZoom 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.


13. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and ZimiZoom relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
ZimiZoom 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, and you will be notified by ZimiZoom before it takes effect.


14. Applicable law – Dispute

You can, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here. The European Commission will send your complaint to the competent national ombudsman. In compliance with the rules applicable to mediation, you are bound, before any request for mediation, to have notified ZimiZoom in writing of any dispute in order to obtain an amicable solution.


15. Legal notices

The Platform is published by Goldstar East PTE Ltd, 400 Orchard Rd,
Singapore 238875
The Website is hosted on the Goldstar East PTE Ltd servers.
For any question, you can contact Goldstar East PTE Ltd at info@zimizoom.com