Terms and conditions

Article 1: General, Applicability

iCarYou International BV is a service organization which, through its websites www.iCarYou.nl and www.iCarYou.com and the iCarYou application on mobile phones, applicants and providers allows to come to a Carpool agreement, based on demand and supply.
These terms and conditions apply to all offers and all agreements to provide the aforementioned services by iCarYou, hereinafter "iCarYou".
For correspondence please send an E-mail to .
Other terms and conditions are only part of the agreement if they are concluded between the parties if and if both parties agreed to them in writing.
The case that one (part of) these terms and conditions may not apply will not harm the applicability of the remaining provisions.

Article 2: Definitions

In these terms and conditions apply the following definitions for the corresponding terms:

"Applicant" means the natural person who needs transportation and wishes to come to a Carpool agreement. Persons under 18 years can not participate;
"Provider" means the natural person who offers transport and wishes to come to a Carpool agreement;
"Account"; after completion of the registration, a unique user password is provided to the other party, with which the other party has access to the system of iCarYou may provide for placing orders or placing an offer and / or doing Offers;
"Order": one by the Applicant ordered and on the Website or iCarYou application on mobile phones placed ride with a given trip date, time and distance;
"Offer" means an offer made by the Provider to perform a particular journey;
"Consumer" means the Applicant being a natural person not acting in the exercise of a profession or business;
"Agreement" means the agreement between iCarYou and the other party, upon which it may use the services of iCarYou via the Website and the iCarYou application on mobile phones;
"Travel fee": to be paid by the Applicant to the Provider based on the order, the amount thereof is determined by iCarYou;
"Written": and "writing" in such terms and conditions also means: e-mail or fax;
"Carpool Agreement" means the agreement made through acceptance by the Applicant based on an offer made by Provider in its order;
"Website" means the website of iCarYou and its service as described under paragraph 1 of Article 1, whose home page is located at the URL: www.iCarYou.nl or www.iCarYou.com
"Other Party" means the Provider or the Applicant. Where necessary, these terms and conditions will distinguish the Provider or Applicant.

Article 3: Establishment, duration and contract maturity

The agreement between iCarYou and the other party begins after the registration of the other party on the iCarYou Website has been completed and a confirmed by iCarYou through sending an e-mail to the email address of the other party.
At any time and without giving any reason iCarYou has the right to refuse a registration request.
As soon as possible after the establishment of the Agreement the other party gets access to his account.
The Other Party acknowledges that these terms and conditions are an integral part of the Agreement.
During the registration process, the other party has the obligation to monitor all data entered by him and to immediately adapt inaccuracies in the information or data, i.e. the prescribed conditions, and to report any changes thereafter immediately to iCarYou, i.e. incorporating changes after signing on to the Account.
The other party guarantees that all information entered is accurate, complete and without reservation and will promptly, after formal request made by iCarYou, provide evidence if requested, such as copies of identification documents.
The agreement with the other party begins on the date of adoption of the Agreement and shall be of unlimited duration. At any time, each party is entitled to terminate this Agreement by means of an e-mail message to the e-mail address of the other party. A termination by the other party must be sent to the e-mail address: .
In any case, the agreement ends with the other party if the other party during a period of 13 months has not used his account or applied for/provided any trips. In that case, iCarYou is entitled to close the Account. iCarYou will notify the Other Party by an email message about the termination of the Agreement.
The end of the Agreement does not affect orders already placed or already made offers.
At any time, iCarYou has the right to change terms and conditions, applicable to its service. Changes will, as indicated below, be immediately effective upon publication of the amended terms and conditions on the Website. Orders which have already been placed or offers which have already been made under the terms and conditions when placing the order, will be completed under those terms and conditions unless otherwise agreed in writing.

Article 4: Rights and obligations of the Applicant

The Applicant has access to his own account and all information available on the Website, including an overview of his Orders and the Offer(s) made on his Order(s).
For creating an account on the iCarYou website, the Applicant must at least provide the following information on:
a. name;
b. residential address;
c. work address;
d. car information (brand, type, colour and license plate number);
e. mobile phone number;
f. e-mail address;
g. or bank account number.
The Applicant may place orders from his account legally.
In order to be able to use the full functionality of the iCarYou services the Applicant must have a mobile (smart) phone with GPS and GPRS functionality on which the iCarYou application can be installed.
There is also an opportunity to match via the (mobile) Internet and at a later stage via SMS. The costs will be higher than for matches using a mobile (smart) phone. When using the option to match via (mobile) Internet or SMS the related costs will be fully paid by the Applicant.
The Applicant provides in his Order the requested information. This information includes - but not exclusively - the pickup address and destination address, the date, the desired pickup time and/or the desired time of arrival at the destination.
The Applicant is responsible for confidentiality of his user name and password and for reporting unauthorized use. iCarYou is not liable for damage caused by unauthorized use.
The Applicant has to ensure that sufficient balance is available on his iCarYou account in order to be able to pay for the trip.
An order placed by the Applicant can be revoked until the point in time that an Offer based on his Order is accepted and then acceptance is confirmed by the Provider.
Applicants are free to decide whether to accept or refuse an offer.

Article 5: Rights and Obligations of the Provider

The Provider has access to his own account and all information available on the Website, including an overview of his offers and the offers which were accepted. The Provider receives an overview of the accepted Offers.
For creating an account on the iCarYou website, the Provider must at least provide the following information on:
a. name;
b. residential address;
c. work address;
d. car information (brand, type, colour and license plate number);
e. an email address which Provider to reach;
f. mobile phone;
g. or bank account number.
For optimal use, the Provider must have a cell phone with GPS and GPRS functionality and navigation. If no navigation on the mobile phone is installed, the Provider must have another navigation system available.
The Provider can legally accept orders via his cell phone.
The Provider is responsible for confidentiality of his user name and password and for reporting unauthorized use. iCarYou is not liable for damage caused by unauthorized use.
The Provider is free to decide whether to accept an order or not.

Article 6: Rights of iCarYou

iCarYou reserves the right to gather information about driving-skills, technical state of the vehicle and information about vehicle insurance and passenger insurance of the Provider. Based on the findings from such research iCarYou reserves the right at any time terminate the iCarYou membership of the Provider. iCarYou not obliged to refund any charges.
iCarYou reserves the right to terminate the participation in iCarYou by the other party, if:
a. inappropriate behaviour is repeatedly reported;
b. failure to perform its financial obligations;
c. the service iCarYou ends;
d. breach by the other party of these terms and conditions;
e. provision of false information by the other party.
The other party accepts that the right that iCarYou might delete detailed trip information after a period of 6 months from the database. A summary of all trips (within one calendar year) remains accessible via "My profile".
To improve the service of iCarYou, iCarYou has the right to hold regular surveys by other parties.

Article 7: Carpool Agreement

The Carpool Agreement is concluded at that point in time that the Applicant accepted an Order on the mobile application or on the Website, and Provider subsequently confirmed this acceptance to the Applicant.
No personal information is linked to the order of the Applicant or Provider. Only after the Carpool Agreement has been reached, these data are free and visible to the other party.

Article 8: Payment

The travel fee for the Carpool Agreement which need to be paid by the Applicant is determined by iCarYou and will written off the balance (account) of the Applicant and credited to the balance (account) of the Provider.
iCarYou will charge the Applicant with the travel fee plus an agreed fixed amount.
iCarYou pay to the Provider the travel fee minus an agreed fixed amount.

Rule 9: Guarantees

The Applicant is responsible for the accuracy and completeness of his personal details at ‘My Profile' on the iCarYou Website, or otherwise provided to iCarYou.
Provider or the Applicant (other than a consumer), guarantees explicitly by making an offer or placing an order that he is fully empowered by his company to commit to a Carpool Agreement.
iCarYou will do its best to keep the connections between systems and the Internet available. Therefore, iCarYou advises the Applicant or Provider to always print a copy of the order placed, the Offers made and / or acceptances of Offers and the confirmations of these acceptances. iCarYou can not guarantee that the Website remains continuous freely available. Especially during maintenance work on the Website and / or server a service interruption may occur. iCarYou will try to timely indicate and inform about scheduled maintenance on the Website.
iCarYou will do its best to establish Carpool Agreement between Applicant and Provider, but can in no way guarantee that this will succeed and is not liable for any damage if it fails to establish a Carpool Agreement.

Article 10: Liability

iCarYou provides a platform and facilities on which Applicants and Providers can establish Carpool Agreements and (do) executing them, but iCarYou is at no time party to these Carpool Agreements.
iCarYou shall exercise its role as from her, as part of its service function, may be expected, but does not accept liability for damages, including death and personal injury, consequential loss, trading loss, profit and loss / damage or stagnation, as a result of acts or omissions of its own, its staff or of third parties engaged by it, except where there is intentional and / or gross negligence of its own, its management and / or its managerial staff.
Subject to the other members of this Article, the liability of iCarYou - on whatever basis - is limited to the amount of services provided.
Notwithstanding the preceding paragraphs of this article, iCarYou will never be held up for a compensation that exceeds the sum insured, in case the damage is covered by an insurance of iCarYou.
In all cases, the deadline iCarYou compensation for injury may be called limited to 6 months counted from the time the liability of the damages are established.
In particular iCarYou does not accept liability for damage resulting from shortcomings of the Provider or the Applicant under a Carpool Agreement.
The Other Party shall indemnify iCarYou for claims of third parties for everything under this Agreement or the Carpool Agreement.
iCarYou is not responsible for the content of other Internet websites linked to the website of iCarYou.
iCarYou is not liable for damage to mobile (smart) phones or applications installed on these phones caused by unauthorized or unusual installation of the iCarYou application.

Article 11: Force majeure

If fulfilment of what iCarYou under this Agreement is held to, is not possible due to non-attributable failure on the part of iCarYou, or another person who is hired by iCarYou to implement this Agreement, or in the event of another important reason for on the side of iCarYou, iCarYou is entitled to terminate the Agreement, or to suspend the fulfilment of his obligations to the other party during a reasonable period, without any compensation to be paid.
If circumstances of which there will be no culpable failure will be understood include: war, insurrection, mobilization, foreign and domestic unrest, government action, strike threat by employees and exclusion of these and similar circumstances, the disruption of exchange relationships at the time of entering into the contract, power failures, failure of the Internet, business disturbances caused by fire, accident or other events and natural phenomena, and other indifferences or non-or late compliance of iCarYou, its suppliers or third parties who were taken on to execute the commitment.
If, in any kind, the other party remains in default to fulfil its obligations to iCarYou, suspends payments, applications for (temporary) suspension of payments, or bankruptcy, is all done by him under the contract with iCarYou due immediately and payable in full.

Article 12: Privacy, Other Party details

iCarYou will, the data collected from the other party at subscription only register and manage according to the requirements of the Data Protection Act.
The provision of data through iCarYou from one other party to another other party will only happen in order to establishing a Carpool Agreement between the counterparties.
iCarYou collects information (track and trace) to determine the travel fee.
iCarYou will keep all information in the context of the conclusion and implementation of the agreement, which iCarYou as acquired from the other party and which it knows or could reasonably suspect that such information is confidential, confidential. This, unless iCarYou is required to provide information to any kind due to laws and regulations or a court order iCarYou and cannot rely on a legal privilege granted by the court.
iCarYou will take all reasonable measures which are required to safeguard the information on the Website and the Website itself.

Article 13: Intellectual property

iCarYou is and remains entitled to all intellectual property rights which rest on or are related to or associated with the iCarYou services and the underlying software manufactured by iCarYou.

Article 14: Applicable law and Jurisdiction

These terms and conditions are governed and will be exclusively interpreted in accordance with Dutch law. Disputes arising under the Agreement will also be settled under Dutch law.
The Dutch courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
In case of disputes with the Consumer shall, within 1 (one) month after iCarYou have expressed to him that the matter will be brought to justice, the Consumer make known that he wants to resolve the dispute through the regular court.

Date: November 16, 2009