1) GENERAL INFORMATION
CarTribe is a computer-based tool that provides assistance for individual car sharing operations. It is available online (www.cartribe.ch) and/or through specific applications (hereafter "CarTribe" or the "service").
It is free for individual users. CarTribe is neither a car sharing site, nor an organisation that provides vehicles used for car sharing purposes.
2) SERVICE PROVIDER
CarTribe is designed, managed and brought to you by:
Avenue du Mail 1
4) USER'S SOLE RESPONSIBILITY
You are using the information and services of CarTribe under your sole responsibility, and Mobilidée makes no representation of warrantee or liability as to the use made of CarTribe, namely in case vehicle loans organised using CarTribe, and in particular in case of damages to the borrowed vehicle or to third party property.
The terms governing the loan of the vehicle, the consequences thereof, and the relations between the head of the tribe and its members are under the sole responsibility of users.
As a head of tribe, (owner of the car), your main tasks are to:
determine the terms governing the loan of the vehicle to tribe members,
ensure that the vehicle is registered and insured and complies with applicable regulations (civil liability insurance), and specifically in the case of a loan to third parties, to inform the third parties of the terms of the insurance contract
ensure that the vehicle on loan is in a proper working state.
As a tribe member, (person borrowing the car), your main duties are to:
hold a driving license for the category of vehicle on loan,
use and return the vehicle according to the terms agreed upon with the head of tribe,
reimburse the head of tribe for any damage resulting from the loan of the vehicle, according to the terms agreed upon with the head of tribe and/or applicable legal provisions.
5) BEHAVIOUR OF THE USERS
You hereby agree to use CarTribe and to behave in a way that complies with national and international law. You agree to provide, in the registration and subscription forms, full and accurate information and to update such information in a timely manner.
Furthermore, you hereby agree to use the site and service for strictly not for profit and personal purposes.
6) USER ACCOUNT, PASSWORD AND SECURITY
You are responsible for protecting and retaining your personal password and login information. You are to take all necessary precautions and safety measures to ensure that your login information is safe. In case of loss or theft of your password and/or login information, or if you realise that such information is being used by an unauthorised third party, you must immediately contact CarTribe.
7) CARTRIBE OWNERSHIP RIGHTS
8) PROHIBITED RESELLING OF THE SERVICE
Users are prohibited from copying, selling, or using the service, part thereof or any right of access thereto for commercial gain.
You may at any time decide to terminate your subscription/account with CarTribe.
Mobilidée may also unilaterally and at any moment discontinue its CarTribe service. You hereby agree that any termination of your access to the service as per the terms contained herein can occur without prior notice, and you accept CarTribe's right to discontinue or remove with immediate effect your account and/or to ban you from any further access to the service.
10) USE AND PROTECTION OF DATA
Mobilidée protects the privacy of the data provided by users, and processes such data in compliance with applicable legal provisions. As you register, you give Mobilidée your express authorisation to retain and to use the information given for the purpose of the service it provides, and to forward such information to third parties contracted to process it and who are bound by strict non-disclosure contracts, in order to develop and offer products and services we think might interest you.
You also allow Mobilidée to forward your personal data to its main partners, such as described on the CarTribe Internet site, who may also retain and process such data for the purpose of the services provided, or forward such information to third parties contracted to process the data and who're bound by strict non disclosure contracts, for the general purpose of developing and offering services and products that are likely to be of interest to you.
You hereby authorise Mobilidée and its main partners to contact you by email for marketing purposes.
11) AVAILABILITY OF THE SERVICE
You recognise that technical factors related to internet prevent Mobilidée from making the guarantee of absolute and continued access to the CarTribe service, fixed response times and absolute security in terms of data transfers.
Your use of the service is entirely at your own risk. The service is provided as an "as-is" service, and its accessibility depends on availability. Mobilidée makes no representation or warranty, express or implied. CarTribe makes no warranty as to (I) the fact that the service will entirely satisfy your expectancies (II) the fact that the service will never be interrupted, and that it is flawless (III) the accuracy and reliability of the results obtained using the service (IV) the fact that the quality of the products, services, information or any other material obtained as a result of your use of the service will meet your expectancies or be free of defects. (V) the fact that defects in the software, should there be any, will be rectified.
14) LIMITATION OF LIABILITY
You hereby agree that to the extent of what is legally authorised, that Mobilidée will not be liable for any direct or indirect damage - including loss of profits, of customer base, of data and of any other intangible property - (and even if Mobilidée was notified of the risk of such damages) that may occur as a result of
(I) the use or impossibility to use the service,
(II) the loan of a vehicle organised using the service,
(III) an unauthorised use of the service,
(IV) any other issues relating to the service in general, and its nature as an internet-based service in particular (virus, technical problems, etc.).
15) INVALID CLAUSE
16) APPLICABLE LAW AND PLACE
Mobilidée Sàrl – March 2012 version