3.3 Usernames and password
When creating their account, the Member must choose an email address or, if applicable, a mobile phone number and a password that are unique to them (hereinafter referred to together as the "Identifiers") and must also provide their telephone number. Credentials must be sufficiently secure and are transmitted to the Service in a secure manner.
The Member's first name and the initial of the Member's last name (the "Identity"), excluding their full identity, are made public in the Application for the purpose of using the Service.
The Service allows the Member to choose any User name, provided that it complies with the legal provisions, these T&Cs and the rights of other Members. However, the Service encourages Members to use their real identity in order to facilitate meetings between Drivers and Passengers. In all cases, the Service reserves the right to refuse a Member's registration and/or to require the modification of his/her username.
It is the Member's responsibility to keep his/her Credentials confidential. The Member is solely responsible for the use of his/her account and Identifiers. Any use of the Service, connection or transmission of data made via his/her account using his/her Identifiers will be presumed to have been carried out by the Member and under his/her exclusive responsibility, unless written and duly justified opposition sent to Karos by registered letter with acknowledgement of receipt to the following address: 10 rue de la Paix, 75002 Paris.
The Service cannot be held responsible for the loss of one or more Identifiers and, in the absence of prior opposition duly notified in writing to Karos, for the harmful consequences of the use of its account by an unauthorized person.
The Service, which has no means of controlling the accuracy of the information provided by Members when creating the account, cannot be held responsible for false declarations or identity theft made by Members.
4. DURATION OF THE SUBSCRIPTION TO THE SERVICE
The Member subscribes to the Service for an indefinite period, from the creation of his/her Account.
He may terminate his subscription at any time, free of charge, by using the unsubscribe feature available on the Platform, under the conditions set out in the article "Termination, suspension and restriction by the Service".
5. COMMITMENTS OF MEMBERS
5.1 Obligations for all Members
All Members are personally responsible for compliance with local laws, regulations and obligations related to their use of the Application.
In particular, Members commit to:
- Use the Service exclusively as a Consumer and only for personal purposes, in accordance with their intended use, and not for commercial or professional purposes. Any activity which, due to the nature of the journeys, their frequency or the number of passengers carried, generates a profit for the Driver may be considered professional;
- Use the Service only to arrange and book Trips;
- Do not create duplicates of existing trips;
- Not to provide false, misleading, fraudulent or deceptive information to the Service or other Members;
- Refrain from any offensive, degrading or inappropriate language or behaviour, including content of a sexual, racist, xenophobic, aggressive, harassing or violent nature;
- Not incite violence, promote drug use or divert the intended use of the Application;
- Not to infringe the rights of Karos, Île de France Mobilités or third parties, in particular image rights, copyrights or intellectual property rights;
- Not to open or use multiple accounts and not to create an account on behalf of others;
- Contact other Members only in connection with Ride offers;
- Not accept or make payments outside the Application, except as permitted by these Terms of Use;
- To respect and follow these T&Cs;
- Obtain the consent of the Service and all participating Members before making any commercial audio or video recordings during the Rides;
- Comply with local health regulations during periods of viral circulation (e.g. COVID-19).
In this respect, the Service only intervenes in the Journeys through the Optimisation suggested to Members, the timetables or the acceptance of Passengers or Drivers.
To ensure the proper functioning of the Service, Members agree to: (i) keep their mobile device active and functional, (ii) have an active 3G/4G/5G subscription, and (iii) configure their mobile device to regularly share their geolocation information with the Service.
5.2 Commitments of the Driver
The Driver undertakes to:
- Comply with all laws and regulations applicable to driving and your vehicle;
- Avoid the use of substances (including certain medications) that may impair their ability to drive or are prohibited while driving;
- Use their personal vehicle or, if it is a company car provided by their employer, indicate this information in the Application so that, if applicable, the Service does not charge the passenger any travel fees;
- Not to use the Service in the context of a professional transport activity or any other gainful activity. Therefore, it is not required to fulfill the obligations of a carrier, and the passenger cannot expect such a Service;
- To pay their own share of the cost of the journey; Otherwise, the journey could legally qualify as unauthorized passenger transportation under the German Passenger Transportation Act or similar laws. The risk and consequences are the sole responsibility of the Member;
- Never seek to make a profit through the App;
- Never ask for contributions in excess of the actual operational costs of the journey (e.g. fuel, maintenance, insurance, depreciation of the vehicle);
- Have a valid driver's license and liability insurance at the time of the trip;
- Not be subject to driving bans (e.g. for medical reasons);
- Ensure that its insurance policy covers third-party passengers in the event of an accident, with other Members being considered as third parties;
- Use a four-wheeled motor vehicle, with up to 7 seats, excluding so-called "licence-free" cars, in perfect working order and maintain it in accordance with the usual and regulatory safety provisions;
- Do not offer more seats than those legally available in the vehicle;
- Ensure that all the seats offered are equipped with seat belts;
- Only offer trips that he or she actually plans to make;
- Only post ads for vehicles that they own or are allowed to use for carpooling;
- Never refuse a booking based on a person's race, religion, sexual orientation, appearance, health condition, economic status, name, place of residence or political opinions;
- Respect the route agreed with passengers and, in the absence of an agreement to the contrary between Members, proceed to the agreed meeting point and drop-off point;
- Behave responsibly and respectfully with passengers and in traffic;
- In the event that it is impossible to reach the meeting point at the scheduled time, in particular if the live tracking of the app is inaccurate, inform passengers immediately and free of charge of any announced impediment and, apart from any announced impediment, contact passengers directly to inform them;
- Remain reachable by phone during the journey via the number registered on your profile;
- Present valid documents (driver's license, registration certificate, insurance certificate, etc.) at the passenger's request;
- For cross-border journeys, prove identity and eligibility to cross borders to passengers or authorities.
5.3 Commitments of the Passenger
Passengers agree to:
- Unless otherwise agreed between Members, present yourself at the agreed meeting point with the driver at the agreed time;
- In the event of impossibility to reach the meeting point at the scheduled time, inform the Driver immediately and free of charge of any announced impediment or, apart from any announced impediment, contact the Driver directly to inform him/her;
- Verify that the Driver has valid motor insurance covering the Passenger transported in their vehicle as well as a valid driver's license and any documents necessary to drive the vehicle;
- Behave appropriately throughout the Journey, so as not to disturb the Driver's concentration, reduce the safety of the Journey or, in general, interfere with driving;
- Do not bring objects, substances or animals that may affect driving safety or break the law;
- Follow the reasonable instructions of the driver;
- Respect the driver's vehicle and its cleanliness throughout the journey;
- Carry out the verification by telephone when entering the Driver's vehicle during the Trip;
- Remain reachable by phone at the number indicated in their Member profile;
- Present an identity document if requested by the Service or by the Driver;
- For cross-border journeys, prove their identity and eligibility to cross the border if requested;
- Pay the contribution to the agreed fees at the beginning of the Journey.
6. COURSE OF THE JOURNEY
6.1 Ad creation & matchmaking
6.1.1 Ad Creation
Members can create a trip announcement in the App by filling in the information about their planned trip (date, time, departure and arrival locations, number of available seats, instant booking option and optional filters).
6.1.2 Matchmaking
Ads are visible to registered and unregistered Users searching through the App or a partner site/app. The Service may, in its sole discretion and without notice, choose not to post or remove listings that violate these Terms of Use or are deemed inappropriate or harmful.
The Service determines the order in which the listings are displayed and ranked at its sole discretion.
The App calculates the best meeting point and departure time for the journey. Passengers and drivers can share all or part of the journey, they do not need to have the same destination.
As part of the Service, Members are informed via the interfaces that their recurring itineraries are used for optimization purposes to organize journeys.
In the case of Optimisation, the Members concerned are informed of the "Identity" of the other Members who may be interested in this journey.
Members can edit the suggested matches.
6.2 Seat reservation
6.2.1 Booking process
The App offers an online seat reservation system.
Each Member, whether acting as a Driver or Passenger, has the opportunity to make a proposal to another Member suggested by a ride via Optimization. The Member contacted can then accept, modify or refuse the proposed route. Once the Members concerned have simultaneously validated the journey, the request becomes a validated reservation, and the Members receive a reservation confirmation.
The Service shares the telephone numbers of the parties to the booking after confirmation, as explained in the Privacy Policy. Members are responsible for complying with the terms of the agreement.
6.2.2 Reservation for others and restrictions
The App is primarily intended for the purpose of reserving seats for individuals.
Seat reservations for a third party are strictly prohibited unless made through that third party's account.
Reservation of a seat for an unaccompanied animal or for prohibited substances or objects is strictly prohibited.
It is forbidden to post an advertisement on behalf of another Member. Each Member must have their own account.
6.2.3 Running the Trip
If Members, for a given trip, are unable to meet to complete the trip, they can contact each other directly via their mobile device before, during and after the trip. To this end, their telephone numbers may be made available to the Members concerned.
All Members involved must validate in the Application at the beginning of the journey to validate it.
At the time of departure or when a Member declares that they have started the journey, the GPS system of each Member's mobile device is automatically activated to allow Passengers to detect the arrival of the Driver on the map and vice versa, provided that this system is activated and available and that notifications from the Application are allowed on the relevant device.
The location data collected during the duration of the Trip is used by Karos to carry out the Checks. The GPS system of each Member's mobile device is deactivated at the end of the trip.
If no correct stamping takes place, no payment will be processed, Drivers will not be compensated and passengers will not be charged.
The Journey is considered to be completed when the Members concerned have indicated it in the Application. In any case, the Journey will be deemed to be completed two hours after the initial scheduled arrival time at the Arrival Point defined by the Members.
Apart from an Announced Impediment, the Ride is considered validated, and the Members concerned must inform each other and/or dispute the Ride with the Service within 48 hours of the day of the Ride to request a possible refund by contacting the Service as indicated in the "Contact" section of these T&Cs.
6.2.4 Cancellation of a Trip
At any time before departure, both Members can cancel or modify a booked trip. In this case, the affected Members are informed and the Driver does not receive any financial contribution.
6.2.5 Evaluation System
You can rate a Driver if you were a Passenger on their journey, and vice versa. Ratings include a 1-5 star rating and an optional commentary. You can't:
- Rate Members with whom you have not shared a ride;
- Base your assessment on personal characteristics (e.g., ethnicity, gender, religion, age, appearance, or disability);
- Make or publish abusive, offensive, discriminatory, defamatory language, including those based on origin, gender, sexual orientation, disability, religion or any other characteristic protected by law, as well as any comment unrelated to carpooling;
- Rate Unbooked Trips through the App.
6.2.6 Return Guarantee
The Return Guarantee provides, in certain areas, support for Passengers for an alternative return journey if their planned carpooling fails.
- The Return Guarantee can only be used if all of the following conditions are met:
- The Member is part of a company or region offering the Return Guarantee;
- The cancelled Trip was scheduled for the afternoon (after 3:00 p.m.);
- The cancellation took place on the same day as the scheduled Journey;
- The cancellation was made by the Driver;
- The Member has successfully completed or confirmed a Journey the same morning;
- The guarantee is only valid once per Member per month.
- If any of these conditions are not met, the Member is not eligible for the Return Guarantee.
The Service's liability for trip cancellations or Driver no-shows is limited as described in Section 11.
7. VERIFICATION
As part of the Passenger's invoicing of the Journey Fees and the payment of these Journey Fees to the Driver, the Service carries out several checks.
7.1 Verification by composting
After the start of the Journey and before the end of the Journey, the Passenger must validate in the Karos Application. To do this, he has a "CHECK" button in the Interfaces, which he must press. A green banner informs the Member of the success of the audit.
7.2 Server Verification
The Server Verification is carried out by the Service after the end of the Trip, based on the location data of the Passenger's and the Driver's mobile devices.
Without the successful completion of the Validation Verification and the Server Verification, the Passenger is not charged for the Ride Fee and the Driver is not credited with the Ride Fee.
Failure to validate this verification may result in account termination.
7.3 Telephone verification
As part of our anti-fraud procedures, after the start of the Ride and before the end of the Ride, Members may receive verification calls to validate the authenticity of the Ride in accordance with the booking details. Members are required to respond to these calls and provide the necessary information.
Failure to validate this verification may result in account termination.
8. INTELLECTUAL PROPERTY
8.1 Rights held by Karos, in the name and on behalf of Île-de-France Mobilités
With the exception of content and data generated by Members, Karos and Île-de-France Mobilités are the exclusive owners of all intellectual property rights, unless otherwise stated, relating to:
- At the service,
- The Application,
- websites,
All content (trademarks, logos, graphics, drawings, photographs, animations, videos and texts accessible on the Interfaces),
The software and databases that run the Application.
Karos or Île-de-France Mobilités grant Members a non-exclusive, personal and non-transferable right of use of the Application and the Service, for exclusively private and non-commercial purposes. Such use must be in accordance with the intended purpose of the Application and the Service.
It is expressly forbidden to:
- Copy, reproduce or modify the Karos Content without the prior written permission of Karos;
- Reproduce, use or represent the trademarks, logos, graphics, drawings, photographs, animations, videos and texts accessible on the Interfaces without the express authorisation of Karos or their owners, under penalty of prosecution. These elements are the exclusive property of Karos or their respective owners;
- Adapt, distribute, publicly perform, or otherwise use the Application, Service, or content beyond what is permitted by Karos;
- Download, broadcast, commercially exploit and/or distribute in any way whatsoever and for any purpose whatsoever the pages of the Interfaces or any other element of the Interfaces (software, visuals, sounds, etc.) as well as the computer codes that compose them;
- Reverse engineer or decompile the Application, except as required by law;
- Extract or attempt to extract all or part of the data from the Application (e.g. via data mining tools).
8.2 Rights held by Members
As part of the use of the Service, Karos, in the name and on behalf of Île-de-France Mobilités, allows Members, when they are connected to their Account, to interact with each other and to publish content via the Application, such as questions, answers, photographs, opinions and comments (hereinafter the "Member Content").
Member Content is the property of its respective authors. In any event, the Member Content is put online and made accessible under the sole responsibility of these authors.
In order to ensure the proper functioning of the Service, Members and Registered Users grant Karos a non-exclusive license to use the content they publish:
- This license allows Karos to make your content visible to other Users, in accordance with the purpose of the Application.
- This license allows Karos to reproduce, represent, adapt and translate your content under the following conditions:
Reproduction: you authorize Karos to reproduce your Member Content in whole or in part on any current or future digital medium (servers, hard drives, memory cards, etc.), to the extent necessary for backup, transfer or download operations related to the operation of the Application and the provision of the Service.
Adaptation and translation: You authorize Karos to adapt or translate your content, in particular for the purposes of multilingual support or interface formatting. Karos may modify the format of your content to the extent necessary for the design and technical constraints of the Application, without infringing your moral rights as authors.
This license is valid worldwide and for the duration of your contract with Karos.
Each Member grants Karos an exclusive, royalty-free, worldwide license to use, use, modify and reproduce the Member Content, for commercial or non-commercial purposes, provided that such content is anonymized. This license is granted worldwide and for the full term of the Member Content's protection under applicable copyright.
Outside of these licenses, Member Content may not be modified, copied, extracted, or distributed without the prior written permission of its author.
9. IMPROPER USE
The Service reserves the right to temporarily or permanently suspend any Account of a Member or User whose use or behaviour is proven or suspected to be contrary to the T&Cs (hereinafter, "Prohibited non-compliant use"). Karos cannot be held liable as a result of such suspension. In particular, the Service reserves the right not to pay a Driver's balance if their account is suspended.
- Prohibited Improper Use includes, but is not limited to:
- The use of several different Accounts by the same person;
- Use of the same device by multiple Accounts;
- Suspicion of fraud and invalid journeys;
An abnormally high proportion of Journeys that did not pass the Verifications;
A disproportionate number of breaches by Members of the "MEMBER COMMITMENTS" section;
Failure to provide the required supporting documents (e.g. vehicle registration certificate or other documents) proving that the Member is authorised to use the vehicle and is not making a profit.
The Service also reserves the right to temporarily suspend or restrict a Member's Account if the Member's Trip patterns, such as frequency, number of passengers or amount of contribution to fees, reveal a profit-making intent or fraudulent use.
In serious cases, the Service may proceed with the immediate termination of the Member's Account.
10. PROHIBITED CONTENT
In accordance with the provisions of Article 6 of the French Law for Confidence in the Digital Economy (LCEN), Karos acts as a host for the content published by Members and made accessible via the Service. Karos is not subject to any general obligation to monitor the information created, transmitted and/or stored by Members in the context of the use of the Service. In particular, Karos cannot be held responsible for the nature and content posted online by Members, in particular opinions and comments concerning Members, except in the cases provided for by the LCEN.
Any Member may report to the Service the presence of Prohibited Content on the Interfaces or in the context of the use of the Service.
10.1 Prohibited Comments, Messages and Activities
Each Member undertakes to comply with the French legal provisions in force, in particular, but not limited to, those relating to intellectual property rights as well as defamatory or insulting remarks.
The Service reserves the right to remove without delay any content proven or suspected to be illegal or contrary to these T&Cs (hereinafter, the "Prohibited Content"). Karos cannot be held responsible for any such withdrawal.
Prohibited Improper Use includes, but is not limited to:
- Harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, racist, anti-Semitic, xenophobic, revisionist, negationist, offensive, defamatory, violent, pornographic, advocating war crimes or crimes against humanity, or derogatory;
- Comments or content that undermine the authority of justice, trials or the presumption of innocence;
- Transmission of any message for which the Member is not authorized to disseminate the content, including, but not limited to, confidential information or information infringing the rights of third parties, in particular intellectual property rights or image rights;
- Transmission of promotional messages not authorized by the T&Cs;
- Comments likely to harm Karos and its managers, employees, suppliers, customers, shareholders and/or partners, or to damage their reputation, in contravention of the laws and regulations in force in France, public order, morality or the rights of third parties;
- Comments aimed at offering commercial services without the prior consent of Karos.
In addition, the creation and use by a Member of additional accounts other than the one initially created, under his or her own identity or that of a third party, without prior authorization from the Service, is prohibited. Failure to comply with this prohibition may result in the immediate suspension of the Member's accounts as well as the entire Service.
10.2 Reporting illegal content
Any User or Member who becomes aware of Prohibited, proven or suspected Content in the context of the use of the Service, must report it without delay, in accordance with Article 6 of the LCEN, using the contact form made available in the Application, indicating:
- For natural persons: their surname, first name, profession, domicile, nationality, date and place of birth;
- For legal persons: their legal form, their company name, their registered office and the identity of their legal representative;
- A description of the disputed facts and their precise location;
- The reasons for which the content is to be removed, including references to applicable legal provisions and evidence;
- A copy of correspondence addressed to the author or publisher of the disputed information or activities requesting that they be discontinued, removed or modified, or that the author or publisher could not be contacted.
It is recalled that the fact of presenting content or an activity as prohibited, with the aim of obtaining its removal or preventing its dissemination, when this information is known to be inaccurate, is punishable by one year in prison and a fine of €150,000.
11. PERSONAL DATA
In the context of the use of the Service by Members, Karos collects and processes certain personal data relating to Members in the name and on behalf of IDFM. Karos is a processor under the GDPR.
By using the Service, Members acknowledge that they have read the Privacy Policy of the Carpooling Île-de-France Mobilités service available at the following address: intercom-help.eu/covoit-idfm-privacy-policy-and-terms-of-use/fr/articles/449495-politique-de-confidentialite ...
12. LIABILITY
Karos offers, on behalf of Île-de-France Mobilités, a Service for connecting Drivers and Passengers on the basis of compatible recurring trips. It is the responsibility of each Member to verify the adequacy of the connections offered to his or her needs and to confirm the terms and conditions of any Journey.
12.1 General Exclusions
To the fullest extent permitted by applicable law, Karos shall not be liable for:
- The proper execution of a Journey or the conditions in which it takes place;
- Damage resulting from the lack of insurance cover by a Driver for third party Passengers in the event of an accident during a Trip;
- Damage caused to the Member's software or any piracy suffered as a result of the use of the Service, not directly attributable to a fault on the part of Karos;
- Any direct or indirect loss or damage, including but not limited to loss of business, revenue, profits, contracts, business partners or expected savings;
- The breaches or breaches by Members of their respective obligations under these General Terms and Conditions and their consequences;
- The non-payment by Members of the Journey Fees or the use of fraudulent means of payment in connection with the Service;
- Announced Impediments or any other cancellation of a Trip by a Member;
- Fraudulent or misconduct by Members when using the Service;
- Omissions or errors in the content of the Interfaces or in their use by Users, Members or third parties;
- Damage resulting from external sites or resources accessible via links on the Interfaces.
The Service uses reasonable efforts to ensure that the information provided on the Interfaces is accurate and up-to-date. The Service reserves the right to correct or update content at any time without notice. However, the Service shall not be liable for unintentional errors or modifications made by unauthorized third parties.
The Service is provided "as is" and Karos does not warrant that they will be error-free, uninterrupted or secure.
In any event, Karos' total liability to a User, for any reason whatsoever, shall be expressly limited to the total amount of any fees paid by such User to Karos during the six (6) months preceding the event giving rise to liability.
12.2 Mandatory Exemptions
Nothing in these Terms shall exclude or limit Karos' liability where such exclusion or limitation would be unlawful. In particular, Karos cannot exclude or limit its liability in the event of:
- Death or personal injury caused by Karos' negligence;
- Damage resulting from gross negligence or fraudulent intent;
- Breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to typical and foreseeable damages;
- Any liability arising from mandatory consumer protection laws, including product liability legislation.
This includes, for Germany, the mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz).
These limitations also apply to Karos' legal representatives, employees and agents when complaints are made directly to them.
12.3 Member's Liability
Members are solely responsible for the confidentiality of their access credentials and the correct use of their accounts.
12.4 Legal Compliance
Karos may disclose content when required to comply with applicable laws, legal process, or governmental requests, or when disclosure is necessary to protect its rights, interests, those of Members, or the public.
13. AVAILABILITY OF INTERFACES AND SERVICE
Karos endeavours, as far as possible, to ensure that users and Members have permanent access to the Interfaces and the Service.
The operation of the Interfaces and the Service may be temporarily interrupted, in particular in the event of force majeure, planned or unforeseen maintenance, updates or technical improvements, emergency repairs to the Interfaces, in order to change their content and/or presentation, or due to circumstances beyond the control of Karos. Karos undertakes to take all reasonable measures to limit these disruptions to the extent that they are attributable to it and/or to limit their consequences.
Karos cannot be held responsible for the unavailability of the Interfaces and/or the Service, their malfunction, their inaccessibility, their suspension or interruption, or degraded conditions of use, for any reason whatsoever, and cannot be held liable for any direct or indirect damage resulting from these events.
In any case, and without prejudice to the foregoing and Article 11, any potential liability of Karos may only give rise to the payment of damages, the amount of which will be limited to the sums received by Karos.
Karos reserves the right to modify, suspend or limit access to the Application, its features or services, temporarily or permanently, in whole or in part, at its sole discretion.
Users can get help through the dedicated support section available on the Interfaces.
14. MECHANISM FOR VALIDATING FINANCIAL CONDITIONS
14.1 Payment
The Member enters his/her credit card number and bank account number in the "Payment method" tab, which allows him/her to receive or make a payment when booking a defined Trip. By entering his/her bank account number, the Member declares that he/she accepts the terms and conditions of use of our banking service provider.
The Payment Partner's terms and conditions, accessible here, govern payment transactions made by the Member and must be accepted by the Member. By adhering to these terms, the Member agrees to the terms and conditions of Mangopay, which is our Payment Partner. Mangopay S.A. is an electronic money institution authorised by the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg. Mangopay is authorized to provide payment services and issue electronic money.
Drivers may not request advance payments directly from Passengers. The risk of non-payment lies exclusively with the Driver.
For each Trip, Karos will charge the Passenger for their share of the Ride Fee at the time of booking and transfer the payment to the Driver's account at the end of the Billing Period including the Trip.
If a Member makes Trips as both a Driver and a Passenger during the same Billing Period, Karos may, at its discretion, offset all or part of the amounts to be paid and received. Karos will not transfer to the Driver any amount less than €1. If this threshold is not met during the same Billing Period, the amounts will be accumulated over subsequent periods until this threshold is reached.
The selected payment method is charged, and the driver receives their share. The funds in the Prize Pool belong exclusively to the account holder. Transactions are displayed in the App.
Payment data is protected by SSL encryption.
In the event of incorrect or unauthorized charges, Members may contact Karos. Members shall not initiate a chargeback unless it is legally justified. Members are responsible for chargeback fees if they violate these rules.
14.2 Contribution to costs
The contribution to the costs is set by The Service. The Service applies income ceilings in order to prevent misuse. Use for commercial or profit-making purposes is strictly prohibited (see section 5).
In some cases, the Service may be offered free of charge to Users, as part of a Navigo subscription, by their employer or at the initiative of the other Member.
14.3 Promotions and special offers
Karos may offer limited-time promotions. The terms and conditions (e.g. duration, prices) will be announced and published in the App.
14.4 Means of payment
Passengers must use one of the approved MANGOPAY payment methods:
● Credit card
● Direct debit via Klarna (only available in Germany)
Karos may change payment options or introduce new systems at any time.
14.5 Contest
The Service may run contests with rewards (e.g., gift cards or promo codes). Participation is governed by separate competition conditions listed in the Application.
Coupons must be entered in "My Coupons" for their value to be added to your balance.
Karos is not contractually bound to external rewards providers and is not responsible for any changes or restrictions thereto.
14.6 Referral Program
You may, on a voluntary basis, invite other Members to use the Service via SMS or WhatsApp by using the "Refer a Friend" feature in the App to send invitations.
Rewards depend on the number of successful carpools generated by your referrals. Referral bonuses are added to your balance and paid out monthly.
The award amounts are specified in the App and can be changed at any time.
If the referral link is used too late or not at all, validation is not possible.
15. EXCEPTIONAL TRANSACTIONS
Under national programmes, Members may benefit from carpooling subsidies. The terms and conditions of participation are communicated if applicable.
16. TERMINATION, SUSPENSION AND RESTRICTION OF ACCOUNTS
16.1 Termination, Suspension and Restriction by the Service
16.1.1 Suspension, Restriction or Termination of Accounts
The T&Cs constitute a contract between the Member and Karos, on behalf of Île-de-France mobilités, which either party may terminate, suspend or restrict at any time.
Karos is authorized to temporarily suspend your account, to restrict your access to the Service, or to terminate your contract by operation of law in the event of the Member's breach of any of its obligations under the T&Cs.
In the event of non-compliance by the Member with any of the provisions of the T&Cs, Karos may, by operation of law, without notice or compensation, and without prejudice to any other remedies that may be available to it, suspend the provision of all or part of the Service, including access to the Interfaces, close the Member's Account, block any new registration request on its part, block any payment from the Pot, and/or terminate these T&Cs.
This exclusion measure is without prejudice to any criminal or civil action to which the Member may be exposed by public authorities, third parties or Karos, in cases where his or her conduct has harmed the interests of the latter.
You will be notified of the decision by email to the most recently provided address and given the opportunity to respond. After assessing the situation, Karos will be able to lift or maintain the measures applied.
Karos reserves the right to restrict your access to the Service if this is necessary to resolve or limit IT security risks or to protect the safety of other Members, Drivers or potential Passengers.
16.1.2 Right to remove or refuse publication
Karos reserves the right to refuse the publication of any review, comment or question generated by a Member, or to delete them after their publication if they contravene these T&Cs.
16.2 Termination by the Registered Member
You can terminate your contractual relationship with Karos at any time, free of charge and without having to state the reasons for this. To do so, simply click on the "delete my account" button in the App.
Karos cannot guarantee the payment of the balance of the Prize Pool if the Account is deleted before the monthly payment.
17. GENERAL INFORMATION
17.1 VALIDITY OF THE T&CS
These TOU constitute the entire agreement between you and Karos regarding your use of the Applications and the associated Service.
Additional notices, documents or guidelines provided in the Application may supplement these T&Cs and provide additional clarifications.
Karos and Île-de-France mobilités reserve the right to unilaterally modify the T&Cs. In that case:
- The Service will notify you of changes, including their contents, at least 14 days prior to their effective date, by email sent to your last address or directly in the App;
- Updates will be posted here ;
- The updated T&Cs will become binding unless you object;
- You will be required to comply with them in order to continue using the Service;
- If you do not agree to the changes, you may terminate your contract immediately by giving written or verbatim notice (e.g. e-mail) within 10 days of the announcement.
If any part of the TOU is found to be illegal, invalid or unenforceable for any reason, the relevant term(s) shall be deemed unwritten. The remaining provisions would retain their full force and effect and would continue to apply. The terms deemed non-existent would be replaced by terms that are as close as possible to the content of the annulled clause and to the initial intention of Karos and Île-de-France mobilités.
17.2 RIGHT OF WITHDRAWAL
In accordance with the applicable legislation, Members have a right of withdrawal of fourteen (14) days from the date of subscription to the Service, which is defined by the date of creation of the Account. In the event that the Member wishes to make use of this right of withdrawal, he or she must send a letter to this effect to Karos. To this end, the user may use the withdrawal form annexed to these T&Cs or any other unambiguous statement expressing the desire to withdraw. This form must be sent by post or electronically to the addresses indicated in the preamble to the T&Cs.
The Member who exercises his/her right of withdrawal will be able to recover the compensation paid to him/her in his/her MangoPay account. His Account will then be deleted in accordance with the terms and conditions specified in these T&Cs.
As subscribing to the Service is free, no amount will be reimbursed to Members.
17.3 GOVERNING LAW AND LEGAL DISPUTES
The T&Cs are subject to French law.
In the event of a dispute relating to the interpretation of a term or provision of the T&Cs, the Member or User may:
(i) contact Karos by registered mail with acknowledgement of receipt at the following address: Karos, 10 rue de la Paix, 75002 Paris, France, or
(ii) refer the matter to the following consumer mediator free of charge in order to seek an amicable resolution:
Consumer Mediation Center for Justice Conciliators (CM2C)
Postal address: 14 rue Saint Jean, 75017 Paris
Phone: +33 (0)1 89 47 00 14
(iii) file a complaint relating to the Application or the Service via the European Commission's online dispute resolution platform:https://consumer-redress.ec.europa.eu/index_en
Depending on the circumstances, Karos may not be required to participate in dispute resolution proceedings before a consumer arbitration body.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
In the absence of an amicable resolution, the dispute may be brought before the competent courts.
Translations of the T&Cs are for information purposes only. The T&Cs in French are authentic in court
17.4 CONTACT
Karos can be contacted at the following addresses:
Phone Number: 0 800 10 20 20
Email address: [email protected] or via the help topic available on the Interfaces.
Support is provided from Monday to Saturday from 7 a.m. to 8 p.m.
APPENDIX - RIGHT OF WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of Karos, Carpooling Île-de-France Mobilités
Email address: [email protected]
Phone Number: 0 800 10 20 20
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the subscription to the Île-de-France Mobilités Carpooling Service:
Subscribed on: ... / ... / ...
Name and first name of the Member: ...
Mobile phone number used when subscribing to the Service: ...
Member's address: ...
(*) Cross out the unnecessary mention
Signature of the consumer(s):
Date: