Last updated June 1, 2018
Welcome to SAMEWAY!
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and mySAMEWAY, Inc., a Delaware corporation, with its principal place of business at 100 Massachusetts Ave., Boston, MA, United States, 02115 (collectively referred to as “SAMEWAY”).
PLEASE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SAMEWAY APPLICATION AND/OR ANY SERVICES PROVIDED BY SAMEWAY.
BY ACCESSING OR USING THE SAMEWAY APPLICATION AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND SAMEWAY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SAMEWAY SERVICES AND/OR THE SAMEWAY APPLICATION.
SAMEWAY may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the SAMEWAY Application and/or SAMEWAY Services or any portion thereof, at any time for any or no reason whatsoever.
SAMEWAY may amend and/or change the Terms and Conditions related to the SAMEWAY Application and/or Services from time to time. Such changes will be effective immediately upon posting of such changed Terms and Conditions at https://www.mysameway.com/legal/user-terms or in/through the Application and no other notice shall be required. Hereby, you expressly acknowledge and agree that it is your responsibility to regularly review this Agreement, and by continued use of the SAMEWAY Application and/or Services after any changes are made, you consent to, and acknowledge that you have reviewed and understood such changes.
YOUR CONTINUED ACCESS OR USE OF THE SAMEWAY APPLICATION AND/OR THE SAMEWAY SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS, AS AMENDED.
SAMEWAY is a carpool platform that users looking for a ride (“Riders“) with users that may be headed in the same direction (“Drivers“).
By using SAMEWAY, you are agreeing to:
(i) these terms, including the other terms and policies referenced in this Agreement and
(collectively, the “Terms”).
SAMEWAY CARPOOL IS A PLATFORM SERVICE THAT CONNECTS RIDERS WITH DRIVERS, AND ALL CARPOOL ARRANGEMENTS MADE THROUGH SAMEWAY ARE BETWEEN RIDERS AND DRIVERS. SAMEWAY IS NOT A PARTY TO ANY CARPOOLING AGREEMENTS. SAMEWAY DOES NOT REPRESENT OR ENDORSE AND WILL NOT BE RESPONSIBLE FOR: (A) THE ACTIONS, ERRORS OR OMISSIONS OF ANY SAMEWAY CARPOOL USER; (B) THE TRUTH OR ACCURACY OF ANY INFORMATION PROVIDED BY A SAMEWAY CARPOOL USER; OR (C) A SAMEWAY CARPOOL USER’S COMPLIANCE WITH THE TERMS OR ANY APPLICABLE LAW. SAMEWAY DISCLAIMS ALL LIABILITY FOR THE ACTIONS, ERRORS OR OMISSIONS OF SAMEWAY CARPOOL USERS.
You may only use SAMEWAY to arrange a carpool ride for the physical transport of a Rider by a Driver (a “Ride”). You may not use SAMEWAY to provide or procure any other services.
Additional requirements (including age requirements) are set out in the SAMEWAY Help Center. You must comply with these requirements in order to use SAMEWAY.
Misuse of SAMEWAY
You may use SAMEWAY only as permitted by law, including applicable export and re-export control laws and regulations. For example:
- don’t interfere with SAMEWAY or try to access it using a method other than the interface and the instructions that we provide; and
- respect the privacy of your fellow users. In particular, do not misuse personal information about Riders or Drivers that you may access through your use of the Service.
We may suspend or stop providing SAMEWAY to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using SAMEWAY does not give you ownership of any intellectual property rights in SAMEWAY or the content you access. You may not use content from SAMEWAY unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in SAMEWAY. Don’t remove, obscure, or alter any legal notices displayed in or along with SAMEWAY.
Third Party Content
SAMEWAY displays some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of SAMEWAY, we may send you notifications, service announcements, administrative messages, and other information, via email, SMS, and other channels. You may opt out of some of those communications.
Safe Use of the Service
SAMEWAY is available on mobile devices. Do not use SAMEWAY in a way that distracts you or prevents you from obeying traffic or safety laws.
Arranging a Ride
Please be considerate when using SAMEWAY. When you schedule a Ride with another SAMEWAY user, you are committing to meet that user at a specified location at a certain time and agreeing to share a ride with that user, so be sure you want to share the ride before requesting or accepting it, and make best efforts to be at the meeting point on time.
Cancelling a Ride
You can cancel a ride, but it may affect your ability to request or accept future rides. The amount of the applicable cancellation fee and the length of time that constitutes the allowed cancellation time are published on the SAMEWAY Help Center.
Payment processing service
Payment processing services for riders on the SAMEWAY platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a rider on the SAMEWAY platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SAMEWAY enabling payment processing services through Stripe, you agree to provide SAMEWAY accurate and complete information about you and your business, and you authorize SAMEWAY to share it and transaction information related to your use of the payment processing services provided by Stripe.
Driver Eligibility Criteria
If you are a Driver and want to provide rides through SAMEWAY, you must:
- hold a valid drivers’ license for the area in which you are driving;
- drive safely and in accordance with all applicable driving rules and laws;
- ensure your vehicle is roadworthy, and has all certifications required by law;
- have appropriate insurance coverage for all rides and any accidents that may occur during a ride, including without limitation personal injury protection insurance coverage for your vehicle with no less than the minimum limits required by applicable law;
- only provide rides in a personal capacity and not in the course of a business;
- not use SAMEWAY to generate a profit; and
- not use SAMEWAY to provide rides on motorcycles.
You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, credentials, regulated status or professional standing when using SAMEWAY. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide Rides. If your offer or provision of a Ride requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the Ride.
SAMEWAY has no obligation to display your Ride offers and reserves the right to display Ride offers to SAMEWAY users at our discretion.
Information Shared With Riders
The following information may be visible to other users in SAMEWAY to help connect you with Riders:
- your name and SAMEWAY profile picture;
- your vehicle make, model, model year, color and license plate;
- how long you have been a SAMEWAY user;
- the number of rides you have completed as a Rider and as a Driver; and
- your rating and feedback provided by other SAMEWAY users
- other profile information that you have added or that is shown on your profile screen
In addition, while you are in route to pick up a Rider and for the duration of each Ride, SAMEWAY may share your current location and your estimated time of arrival at the agreed pickup location with the applicable Rider.
Verifying Driver Details
Although SAMEWAY may in some instances attempt to verify certain information provided by Drivers, SAMEWAY has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Driver.
Information Shared With Drivers and Riders
The following information may be visible to other SAMEWAY users to help connect you with Drivers:
- the ride you have requested;
- your name and SAMEWAY profile picture;
- your place of work based on your work email domain, if you have provided it;
- how long you have been a SAMEWAY user;
- the number of Rides you have completed as a Rider and as a Driver; and
- your rating and feedback provided by other SAMEWAY users
- other profile information that you have added
Pricing and Payments
Pricing will be set in advance of the trip up to the cost of vehicle miles traveled from pickup to drop-off locations. If Driver has enough seats, Driver may pick up multiple Riders and each may make contributions towards the Driver’s costs. The Price between each Rider and the Driver may vary depending on whether other Riders join or leave the Driver’s carpool. As a result, the Price for each Rider may decrease if other Riders join the carpool, or increase if other Riders leave the carpool, and the amount received by the Driver may vary as a result.
Any payments must be made exclusively through the SAMEWAY platform and will be prebilled before the trip occurs. Any trip that does not occur will be 100% refunded.
Drivers agree that SAMEWAY may deduct a commission from the Price. The amount the Driver actually receives for a Ride (the Price less SAMEWAY’s commission) is called the “Reimbursement”.
Repair or Cleaning Fee
In the event that you cause damages to a Driver’s vehicle, or if a Driver vehicle requires cleaning beyond reasonable “wear and tear” generally associated with the Rider carpooling (“Repair or Cleaning”), You may be liable for such Repair or Cleaning. In the event that a Driver makes a claim to SAMEWAY for damages or cleaning caused by you, we will, at our sole discretion, make a determination as to the liability for the Repair or Cleaning, and if we determine that you are responsible, we will charge your preferred payment method for such Repair or Cleaning. We will notify you of such charge via email to the email address stored in your user profile with SAMEWAY and will grant you up to 3 business days to challenge any such charge. If you challenge the charge, we will work with you to resolve the matter. If you do not challenge any such Repair or Cleaning charge within 3 days, the charge to your account will be final and non-refundable.
You agree that if you cancel the trip after your request is confirmed, you will be charged a cancellation fee. Notwithstanding the foregoing, there is no cancellation fee if such cancellation is made within the allowed cancellation time upon the confirmation of the request, provided, however, that if you request another trip within thirty (30) minutes of such cancellation and cancel the trip after it is confirmed, you may be charged a cancellation fee whether or not the cancellation occurs within the reasonable time. The amount of the applicable cancellation fee and the length of time that constitutes the allowed cancellation time are published on the SAMEWAY Help Center.
Payment Processing Methods
SAMEWAY may make available to you various payment processing methods to facilitate SAMEWAY related payments. You must abide by any relevant terms and conditions or other legal agreement, whether with SAMEWAY, or a third party, that governs your use of a given payment processing method. SAMEWAY may add or remove payment processing methods at its sole discretion and without notice to you. You are solely responsible for all amounts payable associated with Rides you obtain through SAMEWAY.
If you are a Rider, you agree to pay and are solely responsible for all amounts due for Rides; you will not be able to use the SAMEWAY platform if any amounts are outstanding.
If you are a Driver, your accumulated Reimbursements will be paid to you once per month or more frequently as permitted by the SAMEWAY platform. Notwithstanding the foregoing, SAMEWAY will not be obligated to settle Reimbursements to you:
(i) for any Rides for which SAMEWAY has not received full settlement in final available funds from the Rider or
(ii) if your earned balance at the time of disbursement or transfer is less than the minimum amount for Reimbursement specified in the SAMEWAY Help Center. SAMEWAY may change the minimum amount from time to time.
Compliance with Tax Laws
You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of SAMEWAY. The reporting and payment of any such applicable taxes are your responsibility.
Drivers are responsible for determining if the Reimbursement is taxable, and for remitting taxes to the appropriate tax authority. Riders must pay for Rides without any reduction for Taxes. “Taxes” means any duties, customs fees, or taxes (other than income tax) associated with providing Rides, including any related penalties or interest.
Reimbursements and Chargebacks
SAMEWAY is not responsible for any fraudulent use of SAMEWAY or for any chargebacks, reversals or other failure of a Rider to pay the Price. Where a Rider charges back or otherwise reverses a transaction, Drivers agree to return any corresponding amount already provided by SAMEWAY. SAMEWAY may set off any amounts owed to Drivers against any amounts that Driver owes (for example, as a result of chargebacks or reversals).
Any disputes relating to Rides and carpooling agreements are between Riders and Drivers. SAMEWAY is under no obligation to resolve disputes between SAMEWAY users. If a Rider and Driver resolve a dispute in the Rider’s favor, SAMEWAY may deduct the value of any overpaid Reimbursement from future Reimbursements due to the Driver.
In order to use SAMEWAY, you may be required to provide information about yourself, including but not limited to your name, phone number, and email address. If you are a Driver, you will also be required to provide your vehicle’s details, and you agree that SAMEWAY may import all of this information from your profile. You agree that any such information that you provide in connection with SAMEWAY will always be accurate, correct and up to date.
In addition, in order to make or receive payments through SAMEWAY, you may be required to provide payment details if you are a Rider (such as credit card number and expiration date) and bank account information if you are a Driver.
SAMEWAY may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through SAMEWAY, you give SAMEWAY and its affiliates a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving SAMEWAY, and to develop new services. This license continues even if you stop using SAMEWAY. Make sure you have the necessary rights to grant us this license for any content that you submit to SAMEWAY.
SAMEWAY’s mobile application may update automatically on your device once a new version or feature is available.
SAMEWAY gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of SAMEWAY. This license is for the sole purpose of enabling you to use and enjoy the benefit of SAMEWAY as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of SAMEWAY or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Our Warranties and Disclaimers
We provide SAMEWAY using a commercially reasonable level of skill and care. However, there are certain things that we do not promise about SAMEWAY. Other than as expressly set out in these terms, SAMEWAY does not make any specific promises about SAMEWAY. For example, we don’t make any commitments about the content within SAMEWAY, the specific functions of SAMEWAY, or its reliability, availability, or ability to meet your needs. SAMEWAY is provided “AS IS”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
All carpooling agreements made through SAMEWAY are between Riders and Drivers. By providing the SAMEWAY platform, SAMEWAY acts solely as an intermediary and does not enter any carpooling agreements itself. We do not vet SAMEWAY users.
Liability for SAMEWAY
When permitted by law, SAMEWAY will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
SAMEWAY will have no liability for: (a) the actions, errors or omissions of any SAMEWAY user; (b) the accuracy of any information provided by any SAMEWAY user; (c) the compliance by any SAMEWAY user with these terms or applicable laws.
To the extent permitted by law, the total liability of SAMEWAY for any claims under these terms, including for any implied warranties, is limited to $100 USD.
In all cases, SAMEWAY will not be liable for any loss or damage that is not reasonably foreseeable.
Dispute Resolution; Agreement to Arbitrate
We will try work in good faith to resolve any issue you have with SAMEWAY Application and/or SAMEWAY Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
YOU AND SAMEWAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SAMEWAY agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of this Agreement shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for County of Suffolk, Massachusetts.
If any provision of this Agreement is or becomes invalid, unenforceable, or non-binding such provision shall not invalidate the rest of the agreement, and the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid, unenforceable, or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and the purpose of this Agreement.
The failure of SAMEWAY to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SAMEWAY in writing.
You acknowledge and agree that you and SAMEWAY are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding.
NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between You, SAMEWAY or any third party as a result of this Agreement or use of the Services.
This Agreement comprises the entire agreement between You and SAMEWAY and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to any conflict of law principles.