PENDLA

General terms of use

for access and use of PENDLA

Date: July 1, 2020

1. Subject matter

Fasterminds GmbH (hereinafter referred to as “Fasterminds”) operates browser- and app-based online carpooling agencies for municipalities and their citizens under the brand name “PENDLA” in order to put users (hereinafter referred to as “Users”) in contact with other users for the purpose of carpooling (hereinafter referred to as the “Platform”). These Terms of Use govern access to and use of the Platform. Please read them carefully. Please note in particular that Fasterminds will at no time become a party to any contract or other agreement concluded between members. By using the platform you confirm that you have read, understood and accepted these Terms of Use in full.

2. Login to the platform and account setup

2.1. Registration conditions on the platform

The platform can be used by private individuals from the age of 18. The registration of a minor on the platform is strictly prohibited. By accessing, using or registering on the platform, the User confirms that he/she has reached the age of 18.

2.2 Creating a user account

On the platform, users can enter their place of residence and work as well as further information on their way to work, in order to make this information available to other users of the platform and to find suitable passengers. This information is not visible to the public without a user account, but generally only visible to other users registered on the platform.

In order to log on to the platform, you must have read, understood and accepted these Terms of Use and the Privacy Policy.

Irrespective of the specific registration procedure, users are obliged to provide truthful and complete information on their profile and to keep this information up to date. Information that needs to be changed can be updated by the user in his profile at any time.

Upon registration, the user undertakes to keep the password secret and not to disclose it to anyone else. In the event of loss of password or disclosure to third parties, the user undertakes to change the password in the user account without delay. The user is solely responsible for the use of the user account by third parties.

The user undertakes not to maintain any other accounts in addition to the originally created user account, either in his/her own name or in the name of a third party.

2.3 Review

Fasterminds may take measures to verify the data provided in the profile if this is necessary for reasons of transparency, to create more trust or to prevent or detect fraud.

When reference is made to “verified” data on the platform or in the services, this exclusively means that this user has successfully passed the verification process established by Fasterminds on the platform or in the services. However, Fasterminds cannot guarantee the accuracy, trustworthiness or validity of the data subject to the verification process.

3. No profit or commercial use

The user undertakes to use the platform and services of the platform exclusively for establishing contact and not to use it for profit or for commercial purposes. Drivers may not charge a higher contribution to costs than the actual operating costs incurred per trip and may not make a profit.

The driver is responsible for calculating the pro rata travel costs. The amounts demanded from passengers may not exceed the actual travel costs incurred. The proportion of the costs of the journey for the driver is to be borne by the driver himself.

Fasterminds reserves the right to temporarily suspend a user’s user account and access to the platform or to permanently delete the user account in case of reasonable suspicion regarding a user’s intention to make a profit. The User agrees to provide a copy of the vehicle registration certificate or other document proving that the User is authorized to use this vehicle and is not making a profit from it, upon first request by the Platform system or any Fasterminds employee.

4. Conduct and obligations of the platform users

The user bears sole responsibility for compliance with all laws, regulations and obligations applicable to his use of the platform. Furthermore, the User undertakes to comply with all laws, regulations and obligations applicable to his use of the platform:

– not to use the platform for professional, commercial or profit-oriented purposes;

– not to communicate any false, misleading, malicious or fraudulent information on the Platform, in particular when creating or updating User data, or to other Users;

– not to express or behave in any way or to publish any content on the platform which is defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, undesirable, violent, threatening, harassing, racist or xenophobic or contains sexual connotations, incites violence, discrimination or hatred, promotes activities related to or involving the use of illegal substances or, in general, violates the purpose of the platform, infringes the rights of Fasterminds or a third party or may be contrary to public decency;

– does not violate the rights of Fasterminds and its trademarks, in particular its image rights or other intellectual property rights;

– not to open more than one user account on the platform and not to create a user account in the name of a third party;

– not to contact any user, in particular via the Platform, for any purpose other than to negotiate the terms and conditions of a carpool;

– to observe these Terms of Use and the Privacy Policy.

5. Deletion of user account

The user can delete his user account at any time, free of charge and without giving reasons. For this purpose the user deletes his user account via the corresponding function in his user settings.

6. Personal data

Fasterminds will collect and process some personal data of the user in connection with the use of the platform. By using the Platform and by registering, the user accepts the processing of the personal data by the Platform in accordance with applicable law and in accordance with the provisions of the Privacy Policy.

7. Intellectual property rights

7.1 Published platform content

Subject to the content provided by users, Fasterminds is the sole owner of all intellectual property rights relating to the services, the platform, its content (in particular texts, images, designs, logos, videos, sounds, data, graphics) and the software and databases that ensure its operation.

Fasterminds grants the user a non-exclusive, personal and non-transferable right to use the Platform and the Services for personal and private use on a non-commercial basis and in accordance with the purposes of the Platform and its Services.

Any other use of the Platform and the Services, as well as the use and exploitation of content without the prior written permission of Fasterminds is prohibited, in particular

– reproduce, modify, adapt, distribute, publicly display and disseminate the Platform, services and content, with the express exceptions granted by Fasterminds;

– decompile and reverse engineer the Platform or services, with the exceptions provided by law; and

– extract or attempt to extract a substantial part of the data on the Platform, in particular by means of data mining robots or other similar data collection tools

7.2 Content published by the User

In order to provide the Services and according to the purpose of the Platform, the User grants Fasterminds a non-exclusive license to use the Content and data provided in connection with the use of the Service in order to enable Fasterminds to make the Content on the Platform available to the public via the digital network and according to any communication protocol (in particular Internet and mobile network) for the purpose of providing the Platform and the Services. This user license is valid worldwide and for the duration of the use of the Platform. The user permits to reproduce, display, adapt and translate his published contents as follows

– the complete or partial reproduction on any digital known or currently unknown recording media and in particular on any server, hard disk, memory card or other equivalent media, regardless of the format and by any known or previously unknown process, to the extent that this is necessary for a storage, backup, transfer or download process associated with the operation of the Platform and the provision of the Service

– the necessary adaptation and translation as well as their reproduction on any digital current or future medium mentioned in the above point with the aim of providing the platform and the services, in particular in different languages. This right includes in particular the option to make changes to the formatting of the Content with regard to any moral rights for compliance with the Platform’s graphic specifications and/or its technical compatibility with an advertisement of its publication on the Platform.

8. Function as platform provider

Fasterminds provides an online platform on which user information is presented for the purpose of organizing carpools. This information can in particular be viewed by other users in order to assess the possibility of carpooling and, where possible, to organize joint trips.

Fasterminds is not a party to any agreement between the users of the platform.

Fasterminds has no control over the behavior of the users of the Platform.

Fasterminds advises the user that Fasterminds does not control the validity, accuracy or legality of information presented on the Platform.

Fasterminds, in its capacity as a carpooling agent, does not provide any transport services and does not act in the capacity of a transport operator; Fasterminds’ tasks are limited to providing access to the use of the Platform.

The users (drivers and passengers) act under their own responsibility.

Fasterminds, in its capacity as intermediary, does not assume any liability for the performance of a trip. This applies in particular to false information provided by the user, loss of travel, non-payment, user behavior on the platform or during a trip.

9. Operation, availability and functionalities of the platform

Fasterminds strives to provide access to the platform and its services seven days a week and 24 hours a day. Nevertheless, temporary failures may occur without prior notice due to technical maintenance, data migration, updates or other technical events of the Platform or the network in general.

Furthermore, Fasterminds reserves the right to change or suspend access to the Platform or its functions, in whole or in part, temporarily or permanently, in its sole discretion.

10. Governing law and jurisdiction

These terms of use are written in English and are subject to German law to the exclusion of the UN Sales Convention.

Fasterminds is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

The place of jurisdiction is, as far as permissible, Düsseldorf.