Verification
scheme
By submitting Aadhaar number to Eco pool India, you hereby authorize Eco pool to collect, encrypt ,store and authenticate
your Aadhaar number and demographic details (Information) against UIDAI
database by itself or via NSDL e-governance Infra Ltd, an Authentication User
Agency duly licensed by UIDAI via Digio.in before updating your account.
Eco pool will use your aadhar
number to verify your identity and to collect e-signs.
You agree to permit eco pool to confirm your identity and to obtain
personal information about you, whether you are a Driver and/or a Passenger, in
compliance with eco pool’s Privacy Policy, referenced elsewhere on eco pool’s
web site, and incorporated by reference herein. By creating and maintaining an
account with eco pool and by using eco pool’s Services, you accept and agree to
abide by eco pool’s Privacy Policy, as it may be amended from time to time.
You agree to cooperate with eco pool with respect to, and provide accurate information
to eco pool in connection with, all background checks, financial checks, and
other verification activities that eco pool may undertake, in its sole
discretion, with respect to your account and use of eco pool’s Services. You
understand and acknowledge that eco pool is not obligated to perform any
particular verification of any User of eco pool’s Services, including any
Passenger or Driver, and that such verification is in eco pool’s sole
discretion. You agree to provide eco pool, upon request, with a copy of your
current government issued driver’s license
(sometimes called a motor vehicle operator’s license) or other government
issued proof of your identity, and/or proof of your current vehicle insurance
coverage and/or details with regard to your motor vehicle including the Vehicle Identification Number of your vehicle.
By creating and maintaining a User’s account with eco pool and by using eco
pool’s Services, you consent to eco pool’s performing and/or obtaining a
general and/or criminal and/or Department of Motor Vehicles background check
(collectively, a “Comprehensive Background Check”) with respect to your
identity and the information that you have provided to eco pool. By creating
and maintaining a User’s account with eco pool and by using eco pool’s
Services, you authorize eco pool to obtain a Comprehensive Background Check on
your identity and to update that Comprehensive Background Check from time to
time, in eco pool’s sole discretion. If applicable, by creating and maintaining
a User’s account with eco pool and by using eco pool’s Services, you authorize eco
pool to confirm the information that you have provided to eco pool with respect
to your motor vehicle and to obtain verification of its date of manufacture as
well as its accident, maintenance, registration and ownership history.
Eco pool
may use your demographic and biometric/OTP (Or any similar
authentication mechanism) information for the purpose of Aadhar based
authentication/e-KYC and e-sign.
Eco pool may share the Aadhaar
data with government law enforcement agencies in case of any legal case/theft
etc.
Eco pool stores your aadhar verified details in encrypted form and in no
manner has the access to your real aadhar number. Only user can see aadhaar
number in his/her profile.
Dispute Resolution
In the event of any
disputes, differences, controversies and questions directly or indirectly
arising at any time hereafter between a Passenger and Eco pool or their respective representatives or assigns
under, out of, in connection with, or in relation to, these Terms (or the
subject matter of these Terms) including, without limitation, all disputes,
differences, controversies and questions relating to the validity,
interpretation, construction, performance and enforcement of any provision of
these Terms, (hereinafter referred to as a “Dispute”), the same shall be
referred to binding arbitration at the request of the Passenger or Eco pool ,
in writing, in accordance with the Arbitration and Conciliation Act, 1996 or
any statutory modification or alteration thereof for the time being in force.
The arbitral tribunal shall comprise a sole arbitrator to be appointed by Eco
pool whose decision in relation to any such
Dispute shall be final and binding on the Parties hereto.
The arbitration proceedings shall be conducted in the English language. The
seat of arbitration shall be in Gurgaon.
The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal
in the final award shall specify
- the party entitled to
costs;
- the party who shall pay the
costs;
- the amount of such costs;
and
- the manner in which the
costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’
shall mean the fees and expenses of the arbitrator, legal fees and expenses,
any administrative fees and any other expense incurred in connection with the
arbitral proceedings and the arbitral award.
No party or person involved in any way in the creation, coordination or operation
of the arbitration of any Dispute may disclose the existence, content or
results of the Dispute or any arbitration conducted under this Agreement in
relation to that Dispute save as required in order to enforce this Clause and /
or any arbitral award made pursuant to these Terms
Governing Law
These
Terms shall be governed by and interpreted and construed in accordance with the
substantive laws of India, without regard to the conflict of laws provisions
thereof. The courts in New Delhi shall have exclusive jurisdiction on all
matters pertaining to this Agreement.
Passenger must not aid or encourage the filing of any third-party claim or
lawsuit against Eco pool , and Passenger must cooperate fully with Eco pool and Eco pool ’s insurer in the investigation
and defense of any claim or lawsuit.
Severability
If
any term, provision, covenant or condition of this Agreement is held invalid or
unenforceable for any reason, the remainder of the provisions will continue in
full force and effect as if these Terms had been executed with the invalid
portion eliminated. The parties shall substitute for the invalid provision a
valid provision that most closely approximates the intent and economic effect
of the invalid provision.
Customer represents that he or she has not relied on any representation,
assertion, guarantee, warranty, collateral contract or other assurance, except
those set out in these Terms, made by or on behalf of any other party or any
other person or entity whatsoever, prior to the execution of this Agreement.
Waiver Failure to exercise and delay in the exercise of any right, power or
privilege hereunder by the Company shall not operate as a waiver thereof nor
shall any single or partial exercise of any right, power or privilege preclude
any other or further exercise thereof or the exercise of any other right, power
or privilege. The rights and remedies provided in these Terms are cumulative
and not exclusive of any rights or, remedies otherwise provided by Applicable
Law.
Assignment or Transfer The rights granted to the Passenger under these Terms
are not assignable or transferable, in whole or part. Any attempt to transfer
any rights without the written consent of Eco pool shall be void and shall haveno force and
effect. Eco pool shall have the sole
authority to assign this Agreement to an affiliate or to another entity in
connection with any other corporate transaction.
Waiver
No term contained in this Agreement may be changed or waived, except in
writing signed by an expressly authorized representative of Eco pool . No
waiver of default by Member/ You under any of the Terms or Conditions of this
Agreement shall be construed as a waiver of any prior or subsequent default of
any of the Terms or Conditions of this Agreement.
Assignment or Transfer
The rights granted to the Member under this Agreement are not assignable
or transferable, in whole or part. Any attempt to transfer this Agreement
without the written consent of Eco pool shall be void and of no force and effect. Eco
pool reserves the right and can at its
absolute discretion can assign the rights and obligations under this Agreement
to an affiliate or to another entity in connection with a corporate transaction
or otherwise.
Intellectual Property
The format and content included on the Site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Eco pool , its affiliates or its content
suppliers and is protected by India and international copyright, authors’
rights and database right laws.
All rights are reserved in relation to any registered and unregistered
trademarks (whether owned or licensed to Eco pool ) which appear on the Site.
The Site or any portion of the Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without the express written consent of Eco pool . No person is entitled
to systematically extract and/or re-utilise parts of the contents of the Site
without the express written consent of Eco pool . In particular, the use of
data mining, robots, or similar data gathering and extraction tools to extract
(whether once or many times) for re-utilisation of any substantial parts of
this Site is strictly prohibited.
Cookies
Eco pool use various technologies,
including “cookies”, to collect non-identifiable information. To enhance Eco
pool ’s Services, Eco pool shall use
cookies, sent by Eco pool or its third
party vendors, or other technologies. Passengers may control the effect of
cookies through his/her browser settings, however some features of Eco pool ’s
Service may not work properly if the use of cookies is disabled.
Eco pool shall also use Web beacon or
other technologies, often in conjunction with cookies, to enhance its Service
on a number of pages of Eco pool ’s website. A non-identifiable notice of a
visitor’s visit to a page on Eco pool ’s site is generated and recorded, and
which may be processed by Eco pool or by
Eco pool ’s suppliers. To disable some of these features, Passengers may
disable cookies in the web browser’s settings. Web beacon and other
technologies will still detect visits to these pages, but the notices they
generate are disregarded and cannot be associated with other non-identifiable
cookie information.
Links to third party websites: Eco pool ’s website may contain links to
third-party websites, products, and services. Information collected by third
parties may include things as location data or contact details, as governed by
the privacy practices. Eco pool encourages its Passengers to learn about the
privacy practices of those third parties.
Information Security: Eco pool take
precautions – including administrative, technical, and physical measures – to
safeguard its Passengers personal information against loss, misuse or theft, as
well as against destruction, alteration, disclosure and unauthorized access but
does not guarantee the complete security of such personal Information.
When a Passenger uses Eco pool ’s services or post on the Site, some of the
Personal Information the Passenger share shall be visible to other passengers
and can be read, collected, or used by them. The Passenger shall be held
responsible for such Personal Information the Passenger chooses to submit in
these instances. The Passengers shall be further responsible for maintaining
the confidentiality of its account and password and every Passenger shall agree
to accept the responsibility for all activities that occur under his/her
account or password.