Terms of use


1. Terms of use

1.1. Definitions
The following terms of use (hereinafter referred to as the “Agreement”, “user agreement” or “terms of use”) describe the terms and conditions for the use of the application and service provided by Passenger One AB (hereinafter referred to as “Passenger”, “Us” and “We”).
1.2. NOTICE
DO NOT USE THE APPLICATION OR SERVICE IF YOU DO NOT ACCEPT THESE TERMS OF USE. BY CREATING AN ACCOUNT OR USING THE APPLICATION AND/OR SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING AGREEMENT AND PASSENGER’S PRIVACY POLICY.

2. The service provided

2.1. The service
Passenger is a dynamic real-time carpooling application that enables you to connect with other people and carpool in real time.
2.2. The service
Subject to your compliance with this agreement, Passenger will grant you a limited, non-exclusive, non-transferable, non-sub licensable and revocable right to (i) use the app to find a driver or offer your available seats when you commute for carpooling purposes only; and (ii) access user content, information and other related material available in the application or through the service. The application or service is for personal use only. You may not use the application or service for any commercial, for-profit or similar purposes. Any right not explicitly given here by is reserved by Passenger. The application and service shall not be used for anything not expressly permitted in the terms of use.
2.3. Third-party services
Under some circumstances, the service may be made available or accessed in conjunction with third-party services or content (services or content, including advertisements, from other companies or entities that Passenger does not control). Passenger does not endorse any such services or the use of them and shall under no circumstances be held liable for any event or damage attributable to such third-party services or the providers of these services. If you use any of these third-party services, you will be subject to other terms of service and privacy policies.
2.4. Ownership
The application or service and all intellectual property and rights in or related to it shall under all circumstances remain the property of Passenger. The only rights granted in this agreement are those referenced under subsection 2.2.

3. Use of the service

3.1. Account
By creating an account or using the application or service, you warrant that you are over the age of 18 and that you have read and agree to this agreement and the privacy policy. You may not create an account, download the app or use the service if you are under the age of 18. Any account related to a user under the age of 18 will be terminated if Passenger receives knowledge of this.To create an account, you may be asked to verify your identity using your Swedish BankID. You may also need to provide your date of birth, current address, phone number, age and payment method. This information must be updated on an ongoing basis. Additionally, by using your account you, warrant that the information you have provided is current and accurate.You are responsible for all action taken under your account. As a result, and must keep your account secure. This includes but is not limited the use of a secure password. You may only have one account active at a time, unless otherwise explicitly stated by Passenger. Failure to meet any of these obligations may result in temporary unavailability of the application or service or in temporary or permanent suspension of your account.
To use the application or service, you need to have an account with your identity verified. By creating and maintaining an account, you agree to this agreement and the privacy policy referenced herein.
3.2. Verification
By creating an account, or by using the application or service, you consent to Passenger verifying your identity in compliance with the privacy policy, regardless of whether you are a driver or a passenger. You agree to cooperate with and provide accurate information under any requests for verification of your identity or driving eligibility (including but not limited to driver’s licence status, car insurance or other legal requirements for driving your car). Such requests may involve providing a picture of your government-issued driver’s licence or other proof of identity (usually using your Swedish BankID). You may also be asked to verify your f car insurance or vehicle identification code.
3.3. User conduct and safety
By driving in conjunction with this application and service, you affirm that you have a government-issued driver’s licence, that your government-issued driver’s licence is not suspended or in any other way invalid, that your car is fit for driving (including but not limited to paid and valid car insurance in compliance with the laws of your country as well as completed inspection and clearance for driving by an authorized auto shop in compliance with the laws of your country). Additionally, you also affirm that you will not drive under the influence of any drugs and that your blood-alcohol level is under the legal limit for your country.
If the passenger is more that 2 (two) minutes late up the pickup point, the driver is free to cancel the ride. If the driver cancels the ride in accordance with this clause, the passenger will be charged a no-show fee of SEK 18.50.
If the driver does not arrive, the passenger does not have to pay for the ride. If the passenger has already paid for the ride, he or she will be refunded within 30 days.
If you are a driver, you are also responsible for keeping your car clean and free from any illegal items or substances.
By accepting a ride in conjunction with the application or service, you affirm that you are not under the influence of any drugs and that you will not disturb the driver in any way what so ever.
During the ride, both the driver and passenger shall treat each other with due respect.  
Both drivers and passengers may decline a ride for any reason.
3.4. Ratings
After a ride, drivers can rate their passengers, and passengers can rate their co-passengers on a scale from 1 to 5 stars. Please provide an explanation of your rating.
To maintain high driver quality, Passenger reserves the right to suspend or terminate any account with more than 30 votes and a rating lower than 4 stars
3.5. Contact
By creating an account, you agree that Passenger may send you text messages (SMS), emails or contact you by mail with promotional information such as new deals or legal information such as amendments to this contract or the privacy policy. To stop receiving this information, you may unsubscribe at any time by following the instructions that are included with the promotion. By unsubscribing, you acknowledge that this may impact your use of the service. You can’t unsubscribe from receiving information regarding amendments to this contract or the privacy policy.
3.6. User data
When using the application and service, we collect some of your data. What data we collect and how we use it is described in our privacy policy.
3.7. Network access
To use the application, you need to be connected to the internet. You are responsible for using your phone’s mobile network to access the application and any additional fees your network provider may charge you for this. In addition, it is your responsibility to keep your phone and application up to date and Passenger does not guarantee that the application will function on any particular device.

4. Payments, Costs and Leaf points

4.1. Payment service in the application
The payment service provided in the application shall neither be used to pay for anything other than the carpooling service provided by the application nor for any amount other than the listed price.
Payment processing services for Drivers and Riders on Passenger 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 these terms or continuing to operate as a Driver or Rider on Passenger, 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 Passenger enabling payment processing services through Stripe, you agree to provide Passenger accurate and complete information about you and your business, and you authorize Passenger to share it and transaction information related to your use of the payment processing services provided by Stripe.
4.2. Repairs and additional costs
If a car breaks down or incurs any form of damage during a trip (including normal wear and tear from use), Passenger shall not be held responsible or liable in any way. The driver (or the driver’s insurance) is solely responsible for such costs. The passenger’s payment for the ride is not meant to cover these costs. What is stated above also applies to any cleaning or other additional expenses.
4.3. Leaf points
Leaf Points is a bonus program developed by Passenger to incentivize carpooling. Leaf points can be redeemed for various services in the Passenger Rewards platform, including but not limited to carwashes and other car-related services provided by our partners.
When using the application, you will receive 10 Leaf point for each kilometre you drive. Passenger is free to change these terms regarding leaf points at any time.
4.4. Taxable Income
Please be advised that income earned from use of this application may be taxable income in your country and that special rules may apply if you commute to work and receive a tax deduction. Any potential needed tax declarations is the responsibility of the user. Passenger does not carry any responsibility in the regard as the transaction is between the individuals.

5. Disclaimers; limitation of liability; indemnity

5.1. Disclaimers
THE APPLICATION OR SERVICE IS PROVIDED AS IS AND AS AVAILABLE. PASSENGER DISCLAIMS ALL WARRANTEES OR GUARANTEES AS TO THE APPLICATION, SERVICE AND ANY THIRD-PARTY SERVICES (INCLUDING BUT NOT LIMITED TO THE SAFETY, AVAILABILITY, ACCURACY, TIMELINESS OR QUALITY OF THE SERVICE OR APPLICATION). BY USING THE SERVICE, APPLICATION OR ANY THIRD-PARTY SERVICE, YOU AGREE THAT YOU ARE SOLLEY RESPONSIBLE FOR THE ENTIRE RISK ATTRIBUTABLE TO THE SERVICE OR ANY PRODUCT OR SERVICE RELATED TO OR REQUESTED IN CONNECTION WITH THE SERVICE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
THESE SAME LIMITATIONS APPLIES TO THIRD-PARTY APPLICATIONS OR SERVICES
5.2. Limitation of Liability
Passenger shall not be held responsible or liable for any damage (including psychological) or other loss (including monetary loss, personal injury, data loss or lost profit) incurred during the ride or in any other way related to the ride, application or service no matter the circumstances (including but not limited to robbery, blackmail, pickpocketing, accidents and similar events).
PASSENGER SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSSES, AS WELL AS FOR ANY OTHER TYPE OF DAMAGE OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, MONETARY LOSS, DATA LOSS, PERSONAL INJURY (BODILY AND PSYCHOLOGICAL AND PROPERTY DAMAGE) RELATED TO, IN CONNECTION WITH OR THAT IN ANY WAY IS ATTRIBUTABLE TO THE APPLICATION OR SERVICE OR THEIR USE, EVEN IF PASSENGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BEING INCURRED.
5.3. GPS
Passenger does not warrant that any map, GPS location or other directional aid provided by Passenger in the application or service, or in conjunction with the application or service accurately describes the real world or provides the best, shortest, fastest or safest route (including but not limited to roads, work zones beside or on roads, traffic signs and signals, reroutes, height differences, flooding, strong winds, fallen trees or branches, traffic, accidents causing the traffic to move slower or other traffic or traffic disturbances).
5.4. Indemnity  
YOU AGREE TO INDEMNIFY AND UNDER NO CIRCUMSTANCES HOLD PASSENGER OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, AGENTS, ATTORNEYS. LICENSEES OR LICENSERS LIABLE FOR ANY, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL DAMAGE OR LOSSES AS WELL AS FOR ANY OTHER TYPE OF DAMAGE OR LOSSES IN CONNECTION WITH (I) YOUR USE OF THE APPLICATION OR SERVICE (II) YOUR BREACH OR VIOLATION OF THE SERVICE (III) YOUR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY INCLUDING THIRD-PARTY PROVIDERS (IIII) ANY INCIDENT RELATED TO OR ATTRIBUTABLE TO THE SERVICE.

6. Disputes

6.1. Arbitration
If not otherwise expressly stated, this agreement shall be exclusively governed by the laws of Sweden. Any legal disputes resulting from this agreement shall be resolved in arbitration governed by Swedish law and the arbitration rules of the Arbitration Institute of the Stockholm Chamber of Commerce.
6.2. Non-disclosure
You are not permitted to disclose any information pertaining to mediation or arbitration (including but not limited to correspondence, settlements and case files).

7. Other provisions

7.1. Forbidden posts and social media

Users may post about their use or experience of the application and service on social media but only under non-commercial circumstances.
7.2. Complaint
If you are not satisfied with the service, you may file a complaint to “Info@passenger.se” regardless whether you are a driver or passenger.

8. General provisions

8.1. Account
You may not transfer your account to someone else under any circumstances. Additionally, no one else is permitted use your account. The only case where anyone else may travel using your account is as a secondary passenger, meaning you need to travel with them and be the primary passenger. As the primary passenger, you are responsible both for your conduct and that of your secondary passengers. Any breach of this agreement by secondary passengers will result in the same consequences as if you breached it yourself.
8.2. Amendments to the agreement
This agreement will be updated on an ongoing basis. By using the application, you agree to the latest version of this agreement. Passenger does not bear any responsibility for notifying you of updates to the agreement. You have sole responsibility for staying up to date on the current terms of use.
8.3. Termination of the agreement
Any breach of this agreement may result in temporary or permanent termination of your account. If you no longer wish to be bound by this agreement, you can terminate your account, uninstall the application and stop using the service or send an email to “Info@passenger.se”
Some subsections of the agreement may remain applicable after your account has been terminated. For further information, consult the relevant subsection.

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