Applicable as of 13/07/2022
1. Scope of application.
1.1 These terms and conditions (hereinafter, the “T&Cs”) apply to the ridesharing platform developed by 247 Growth S.r.l., a company incorporated under the laws of Italy, with registered office in Rome, at via Costanza Baudana Vaccolini 14, VAT, tax code and number of registration at the Register of Companies of Rome 14601031009 (hereinafter, “247”), accessible on a website at the address https://surfchat.app (the “Website”) or in the form of a mobile application (the “App” and, together with the Website, the “Platform”).
1.2 The Platform is designed to match drivers (“Drivers”) and passengers (“Passengers” and, together with the Drivers, the “Users”) in real time to travel to a given common destination, with the aim to split the costs associated with the trip to such common destination. The Platform is also designed to connect people passionate about surf in order to share information and advices about surf (i.e., weather, condition of the sea).
1.3 These T&Cs apply to the entire business relation between the Users and 247, as provider of the Platform. Please read them carefully as they contain important information regarding Users’ legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
2.1 Through the Platform, 247 provides a service that allows Passengers to request a ride from Drivers who are driving to or through those destinations (the “Carpooling Services”). Users authorize 247 to match them with Drivers or Passengers (as the case may be) based on factors such as location, the requested pick-up location, the estimated time of pick-up, the drop-off destination, and to cancel an existing match and/or rematch Users with a Driver or Passenger based on the same considerations.
2.2 Any decision by any User to either offer or accept the Carpooling Services is a decision made in such User’s sole discretion. The Carpooling Services provided by a Driver to a Passenger shall constitute a separate agreement between such Users and 247 shall take no responsibility for it.
3.1 The Platform may only be used by individuals who have the right and authority to enter into this T&Cs and are fully able and competent to satisfy the terms, conditions, and obligations therein.
3.2 The Platform may only be used by individuals of legal age. Registration the Platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, Users represent and warrant that they are aged 18 (eighteen) or over.
3.3 To use the Platform, Users must have not committed any felony or serious criminal offence ever or any misdemeanour within the past [3 (three)] years.
3.4 The Platform is not available to Users who have had their account temporarily or permanently deactivated. Users may not allow other persons to use their User account, and they agree that they are the sole authorized users of their account.
4.1 To offer or use the Carpooling Services, Users must first register on the Platform. Users can view Carpooling Adverts (as defined herein) by Drivers even if not registered on the Platform; however, Users cannot post a Carpooling Advert (as defined herein) and/or book a seat without having first registered on the Platform. Users’ participation in certain 247 programs and use of certain 247 products or services may be subject to additional eligibility requirements as determined by 247.
4.2 To register on the Platform, Users must create a personal account (the “Account”) in the dedicated section of the Website or the App. Although 247 uses techniques that aim at verifying the truthfulness and accuracy of the information provided by Users, verification on the internet is difficult. 247 is therefore not liable for the truthfulness and accuracy of the information provided by any User.
4.3 To create the Account, Users must provide their mobile phone number which is necessary in order to send to Users a one-time password via text message to access the Platform for the first time. Users agree not to create or use, under their own identity or that of a third party, Accounts other than that initially created.
4.4 Users are solely responsible for the use of their Account. 247 expressly disclaims any liability arising from the unauthorized use of the Accounts. Should a User suspect that any unauthorized party may be using its Account or it suspects any other breach of security, such User must notify 247 immediately.
4.5 247 reserves the right not to accept, at its sole discretion, registration requests submitted through the Site and/or the App, as well as to update and/or modify, from time to time, the requirements for joining the Platform and/or maintaining the status of User, without any obligation to inform Users in advance or at a later date.
5. Use of the Carpooling Services.
5.1 Carpooling Services offered by Drivers.
6.1.1 Subject to the conditions set forth below, a Driver can create and post a carpooling advert (the “Carpooling Advert”) on the Platform by entering information about the trip such Driver intends to make (the “Offering Driver”).
6.1.2 When posting a Carpooling Advert on the Platform, the Offering Driver must indicate all information that may be relevant for the Carpooling Services, including specifically: (a) destination, (b) date and estimated time of arrival; (c) points of pick-up and drop-off; (d) time of pick-up; (e) number of seats offered; (f) if requested, amount of the driver’s fee.
6.1.3 Drivers are authorised to post Carpooling Adverts only if such Drivers:
(i) possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which they provide the Carpooling Services;
(ii) own the vehicle used for the Carpooling Services or have express permission of the owner, and in all cases they are authorised to use it for the purposes of ridesharing;
(iii) use a vehicle that has been duly insuranced according to the applicable laws;
(iv) are and will remain for the whole Carpooling Services the main drivers of the vehicle subject of the Carpooling Advert;
(v) have volunteered to be a Driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving;
(vi) are fit for driving, have no medical conditions, contraindications or incapacities of any kind that may impede their capacity to drive;
(vii) use, for the purposes of the Carpooling Services, a car with 4 (four) wheels and a maximum of 7 (seven) seats, to the exclusion of cars requiring no licence to drive, that is in good working order, has been regularly maintained, and which complies with all the minimum acceptable road safety standards and environmental requirements required by the applicable laws and customs;
(viii) do not offer more seats than the number available in the vehicle used for the Carpooling Service;
(ix) commit to post Carpooling Adverts corresponding only to trips actually planned;
provided that if at any time Drivers do not meet or continue to meet the requirements listed in this section, 247 must immediately be notified and such Drivers will have no right to use or continue to offer the Carpooling Services.
6.1.5 247 reserves the right to suspend a Driver’s Account in case where such Driver uses the Platform to generate profits or as part of his business activity. Drivers agree to provide to 247, on its simple request, any information showing that Drivers are authorised to use this vehicle on the Platform and are not generating any profit therefrom (e.g., a copy of their car registration certificate and/or any other document etc.).
6.1.5 247 does not verify and takes no responsibility for the content of Carpooling Adverts. Consequently, Offering Drivers represent and warrant the accuracy and truthfulness of all information contained therein, and undertake to fulfil the Carpooling Services in compliance with the conditions described in the relevant Carpooling Advert.
6.1.6 247 reserves the right, at its sole discretion and without notice, to not post or remove, at any time, any Carpooling Advert posted by an Offering Driver that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Carpooling Services.
5.2 Carpooling Services for Passengers.
6.2.1 When a Passenger is interested in a Carpooling Advert (the “Requesting Passenger”), it may make an online booking request that shall be notified to the Offering Driver (the “Booking Request”). The Booking Request must be accepted by the Offering Driver, who shall not be obliged to accept a Booking Request. If the Offering Driver accepts the Booking Request, the Requesting Passenger will receive a booking confirmation (the “Booking Confirmation”).
6.2.3 Once the Requesting Passenger has received the Booking Confirmation, 247 will get Users in touch via chat and/or by disclosing the telephone number of the Offering Driver to the Requesting Passenger (if User is a Passenger), or of the Requesting Passenger to the Offering Driver (if User is Driver), so that they can proceed to carry out the Carpooling Service according to the terms of the relevant Carpooling Advert.
6.2.4 Following a Booking Confirmation, the Offering Driver and the Requesting Passenger are the only parties responsible for executing the Carpooling Services according to the terms of the Carpooling Advert.
6.2.5 Booking a Carpooling Advert is intended only for the benefit of individuals. It is forbidden to book a seat for transporting any object, animal or items traveling alone without a Passenger.
6.1 All Users are encouraged to leave a review of the Offering Driver and/or the Requesting Passenger they shared a Carpooling Service with. This will increase the overall quality of the Platform and that of the Carpooling Services in general as it allows for Drivers with positive reviews to get more opportunities to offer Carpool Services of good quality for Passengers. Drivers are allowed to answer any review they received from Passengers.
6.2 Reviews are for information purposes only and do not constitute advice from 247. Reviews reflect the opinions of Users, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, 247 assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that Users may encounter in any such reviews.
6.3 Any review that Users submit through the Platform may not: (a) contain any defamatory, obscene or offensive material, (b) promote violence or discrimination, (c) infringe the intellectual property rights of another person or legal entity, (d) breach any legal duty owed to a third party (such as a duty of confidence), (d) promote illegal activity or invade another’s privacy, (e) give the impression that they originate from 247, (f) be used to impersonate another person or to misrepresent your affiliation with another person.
6.4 247 does not control, modify or edit any reviews posted, but is in any case entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.
7. Non-commercial purposes of the Carpooling Services and related payments.
7.1 The Platform, among other things, is intended to put Passengers into contact, on a non-business and non-commercial basis, with Drivers wishing to share a carpooling trip.
7.2 The Platform does not manage payments, Drivers can offer the Carpooling Services for free or agree with Passengers on a price. Whether and how to pay the price is the sole responsibility of the Users. 247 is not responsible for non-payment of the price or any other issues related to the price.
8. Undertakings of the Users.
8.1 Users undertake to use the Platform in compliance with all applicable laws and regulations, in a way that is compatible with the purposes of the Platform, committing not to infringe the rights of 247 or the provisions of these T&Cs.
8.2 In particular, Users undertake not to (a) use the Platform for professional or commercial purposes or for any other reasons different than the intention to share information and advices about surf and the cost of a trip to a common destination, (b) engage or encourage any immoral (e.g., obscene, pornographic, vulgar, offensive, aggressive, violent, threatening, racist or xenophobic etc.) behavior, (c) not trying to bypass and/or redirect Users to means other than the Platform to perform the Carpooling Services.
8.3 When performing the Carpooling Services, Users are required to behave appropriately and responsibly, in compliance with the spirit of ridesharing, informing the other party of any relevant information for the execution of the Carpooling Service (e.g., in cases of hold-up before a pick-up meeting), and ensuring at all times safety of all parties involved.
8.4 In particular,
(i) Drivers undertake, among other things:
(ii) Passengers undertake, among other things:
it being understood that 247 reserves the right, at its sole discretion, to suspend the Account or limit the access to the Platform to Users that do not respect to provisions set out in this section 8.
9. Legality of the Carpooling Services in your country.
It is the User's responsibility to ensure that the use of the Carpooling Services is lawful in their country. 247 is not responsible for the use of the Carpooling Services in countries where the use of similar services is prohibited.
10.1 In its capacity of intermediary, 247 does not provide any transport service and does not act in the capacity of carrier; the role of 247 is limited to facilitating access to the Platform. 247 does not own, exploit, supply or manage the vehicles subject of the Carpooling Adverts, and it does not offer any trips on the Platform. It is up to the Driver to decide whether or not to offer a ride to a Passenger contacted through the Platform, and it is up to the Passenger to decide whether or not to accept a ride from any Driver contacted through the Platform. Once a Booking Confirmation has been made, 247 can not ensure that Drivers or Passengers will complete the Carpooling Service. 247 has no control over the quality or safety of the transportation that occurs as a result of the Carpooling Services.
10.2 247 has no control over the behavior of its Users, both online and offline. Users are solely responsible for their interactions with other Users. 247 does not procure insurance for, nor is it responsible for, personal belongings left in the car by Users. Risks associated with the Carpooling Services shall be borne exclusively by Users, who agree that 247 is not responsible for the acts or omissions of Users on the Platform or participating in the Carpooling Services.
10.3 Users recognise and accept that 247 does not control the validity, truthfulness or legality of the Carpooling Adverts, seats and trips offered.
10.4 In the context of the Carpooling Services, Users act under their sole and full responsibility. In its capacity of intermediary, 247 cannot be held liable for the effective occurrence of a trip and notably owing to: (i) wrong information communicated by the Driver in his Carpooling Advert, or by any other means with regard to the trip and its terms, (ii) cancellation or modification of a trip by a User (iii) the behavior of its Users during, before or after the Carpooling Service.
10.5 The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. 247 does not guarantee and do not promise any specific results from use of the Platform and/or the Carpooling Services, including the ability to provide or receive Carpooling Services at any given location or time. 247 reserves the right, for example, to limit or eliminate access to the Platform for the Carpooling Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, 247 specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
10.6 247 does not warrant that your use of the Platform or the Carpooling Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. 247 disclaims any liability for, and no warranty is made with respect to, connectivity and availability of the Platform or the Carpooling Services.
10.7 247 is not responsible for the use of any personal information that Users disclose to other Users on the Platform or through the Carpooling Services . A careful and diligent selection of the type of information that is posted on the Platform or through the Carpooling Services or released to others is highly recommended. 247 disclaims all liability, regardless of the form of action, for the acts or omissions of other Users or unauthorized users.
10.8 Use of the Platform is recommended under data plans with unlimited or high data usage limits. 247 shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan Users use to access the Platform.
10.9 247 shall not be in breach of this T&Cs nor liable for failure or delay in performing obligations under this T&Cs if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this TCs affected by force majeure shall be tolled for the duration of such force majeure. The Users hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
11.1 The T&Cs and all further documents referred to herein are provided to the customer and concluded in the English language. By entering into these TC and using the Carpooling Services, Users declare to understand the English language and agree to communicate with 247 in the English language as far as the legal relations arising under this agreement are concerned, including with respect to submitting and resolving any complaints.
12. Amendments to the TC.
12.1 These T&Cs and the documents integrated by reference represent the entire agreement between the Users and 247 about the use of the Platform. Any proposed amendments of the T&Cs shall generally be notified to the customer by no later than [2 (two)] months prior to their proposed effective date.
12.2 247 shall always be entitled to make any clarifications and make any changes to the T&Cs, without adhering to any notification period. In this case 247 shall post a new version of the T&Cs to the terms and conditions site. Further, 247 and the customer may always agree on an earlier or immediate application of any proposed new terms; this applies in particular in case of new product features or functionalities that the customer has actively requested from 247.
13. Intellectual Property Rights.
13.1 Users acknowledge that the Carpooling Services and the Platform contain confidential information and are protected by intellectual and/or industrial property laws.
13.2 247 grants Users with a non-exclusive, personal and non-transferable right to use (the “License”) the Platform and the Carpooling Services, for their personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Carpooling Services.
13.3 Users acknowledge that 247 is the legitimate owner and/or licensee of the Platform and the Carpooling Services, as well as the content, information, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names or other signs, present within the Platform. With the exception of the case in which it is expressly authorised by 247 or by third parties who hold the corresponding rights, Users undertake not to modify, dispose of, reproduce, transform, modify, decode, distribute, assign or make available to third parties for any reason and in any way (whether free of charge or for payment) the elements mentioned above.
13.4 Violation of any provision of this License may result in immediate termination of the License, in 247’s sole discretion. Users agree that if they create any materials (physical or digital) bearing the 247 marks or logos (in violation of this Agreement or otherwise), 247 exclusively owns all right, title and interest in and to such materials, including any modifications or derivative works based on such marks or logos. Users further agree to assign any interest or right they may have in such materials to 247, and to provide information and execute any documents as reasonably requested by 247 to enable 247 to formalize such assignment.
14.1 Users may terminate the entire business relationship with 247, or individual parts thereof, at any time without observing a notice period.
14.2 In the event of breach by Users of these T&Cs, or whenever 247 has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Users or third parties, or for the purpose of prevention of fraud or investigations, 247 reserves the right to take all appropriate measure to limit a User’s right to access the Platform, including specifically the following measures: (a) terminate the T&Cs immediately and without notice; (b) temporarily or permanently suspend the User’s Account; (c) limit access to use the Platform; (d) prevent posting of messages, Carpooling Adverts, Booking Requests and any other content ordinarily available on the Platform.
14.3 Users will be notified by 247 of the application of such measures.
15. Personal Data.
16.1 By entering into this agreement Users expressly acknowledge and accept that the communications between 247 and the customer in connection with the Platform will be in electronic form. Notifications by 247 to the customer will be placed into an online inbox on the App set up individually for the User and/or send to the Users’ email address, unless a notification in paper form is mandatorily required by law.
16.2 Notwithstanding section 16.1 above, 247 shall always be entitled to offer additional means of communication to the customer, e.g. customer service by telephone.
17. Governing law and settlement of disputes.
17.1 These T&Cs shall be construed and governed in accordance with the laws of Italy. Regardless, for the purposes of these T&Cs Users that qualify as “consumers” in accordance with the applicable provisions of the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005), can rely on the mandatory consumer protection laws of their country of residence.
17.2 Disputes between Users and 247 shall only be brought before an Italian court. This applies when Users appeal to a court as well as when 247 does so. Exceptions to the above are: (a) if mandatory law indicates a different competent court, this is binding for both Users and 247 – in particular if Users qualify as consumer in accordance with the applicable provisions of the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005), all disputes arising from the T&Cs shall be subject to the jurisdiction of the place where Users are resident or domiciled, if such place is in the Italian territory, (b) if a foreign court is competent for the User, 247 can submit the dispute to that court.
17.3 247 is not involved in and in no way responsible for any actual dealings between Drivers and Passengers. 247 will not be a party to disputes, negotiations of disputes between Users. 247 encourages Users to report all disputes with other Users to their relevant local authority.
If any provision of the present T&Cs is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby.
Users are invited to contact 247 at https://surfchat.app present any questions or complaints using the various channels indicated on such web site or using this firstname.lastname@example.org email address.