Effective Date: June 20, 2019, Last Updated Date: November 18, 2019
1. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and New Mobility Limited operating under its brand Cool (“Cool,” “Company,” “we,” “us”) in the territory of Malta. “You” and “users” shall mean all users of the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.
2. The Service
The Services constitute a technology platform that enables users of the Cool mobile app (the “App”) to, among other things, request, schedule, and pay for carpooling rides. Unless otherwise agreed by Cool in a separate written agreement with you, the Services are made available solely for personal use, and may not be re-sold or commercialised .
The Service being offered upon launch may be limited in capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited capacity during the launch phase and our anticipation of demand for the Service and have no discriminatory rationale or intention. We anticipate expanding the Service to a broader geographic area and/or additional hours of operation in the future. Should you have any recommendations for additional times and/or areas of service, please contact us at firstname.lastname@example.org.
3. Eligibility to Use the Service
No one under the age of 18 is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at email@example.com.
Agent of a Company, Entity, or Organisation Cool may offer packages to a company, entity, or organisation (collectively “Organisation“) including Rides for use by their officers, employees or guests. In that case, the person accepting these Terms on behalf of the Organisation represents and warrants that he:
- is an authorised representative of that Organisation;
- has the authority to bind that Organisation to these Terms; and
- agrees to be bound by these Terms on behalf of that Organisation.
4. Your Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that the information you provide to the Company upon use of the Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Service, you may need to log-in by providing a username, password, and mobile phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behaviour of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorised access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the Company by e-mail to firstname.lastname@example.org. You will be solely responsible for any losses incurred by the Company and others due to any unauthorised use of your account.
5. Payments and Billing
Cool charges a Service Fee of €4.95 for use of the Service. You will be charged when your Ride is complete, provided that we may pre-authorise and hold an estimated amount of the Service Fee on your card before the Ride begins. All Fees charged on your card, are non-refundable. Fees are exclusive of taxes and other government surcharges.
Cancellation Policy. If you cancel a Reservation, we may charge you a Cancellation Fee of €3.00. Repeated cancellations may result in the suspension of your account, in Cool’s sole discretion.
No-Show Policy. If you are not present at the time and place designated in your Reservation, we may charge you a No-Show Fee of €3.00. Repeated “no-show” instances may result in the suspension of your account, in Cool’s sole discretion.
Cleaning/Damage Fees. If the interior or exterior of your driver’s vehicle is damaged or dirtied as a result of intentional or negligent acts such as aggressive slamming of doors or vomiting an additional Cleaning Fee may be charged of €50.00.
Promotional Codes. Cool may offer promotional codes with varying features and rates. Any such promotional code is valid until its stated expiration date.
6. Additional Guests
If you make a Reservation and multiple people are travelling in your party, you, as the account holder associated with the Reservation, are responsible for the conduct of everybody travelling in your party.
When you make a Reservation, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional guests or charge a Service Fee for each Additional Guest(s), which is 50% of the Service Fee.
7. Refer-a-Friend Programme
Cool runs a Refer-a-Friend programme which gives €10 credit to every new user who signs up with a referral code, shared by an existing Cool user. The user who refers also receives €10 driving credit once his/her friend completes the first ride.
The intended purpose of Cool referral codes is to be shared with friends, family, and on personal social media networks only with individuals known personally to the referring rider. Posting referral codes on commercial websites or coupon aggregator websites is strictly prohibited and will result in referral credit being revoked at Cool's discretion, and Cool reserves the right to charge individuals for any rides paid for with referral credit obtained through the creation of new accounts created by that same individual.
Using a Cool referral code to refer new accounts created by the same individual is also strictly prohibited and will also result in referral credit being revoked at Cool's discretion. Cool reserves the right to prevent referrals from being completed, and to revoke any referral credit obtained, when the Cool system determines that accounts are likely to have been created by the same individual (e.g. if the system identifies certain overlapping data/information between the accounts).
In addition, Cool reserves the right to revoke any referral credit likely to have been obtained for referrals of fraudulent accounts (including accounts set up with false personal or payment information), as determined by the Cool system. Cool reserves the right to change any codes which it determines have been compromised and remove individuals from its referral program at its discretion.
All referral credit has an expiry date of 30 days. This means that Cool has the right to revoke any referral credit that has not been used more than 30 days.
Starting from the 18th November 2019, a maximum amount of €2.50 per ride may be redeemed from referral credit.
8. The Cool Monthly Pass
Cool offers monthly Cool Passes. The Monthly Commuter Pass entitles to 2 free rides from Monday to Friday and costs €169 per month. The Monthly Pass is priced at €239 and allows for up top 4 free rides daily.
The Cool Pass is activated at the time of the first ride, not at time of purchase, except upon the auto-renewal, in which case activation of the new Cool Pass will occur at the time of the expiration of the previously purchased Cool Pass. The Pass is valid for 30 days.
Additional passengers (+1s) pay 50% of the standard ride cost. Cancellations and 'No Shows' are charged at €3 each.
9. The Smart Saver Cool Pass
Cool offers a one-week Smart Saver Cool Pass. Upon an upfront payment of €10, you can book unlimited rides with 30% discount.
The Smart Saver Cool Pass at the time of the first ride, not at time of purchase, except upon the auto-renewal, in which case activation of the new Cool Pass will occur at the time of the expiration of the previously purchased Cool Pass. The Pass is valid for 7 days.
Additional passengers (+1s) pay 50% of the standard ride cost. Cancellations and 'No Shows' are charged at €3 each.
10. Ride Credit
Users can pay for Cool service by purchasing Ride Credit via the app. There are two available options - buying €10 and €45 credit. When purchasing €45 ride credit, a user will get €5 free ride credit. Starting from the 18th November 2019, a maximum amount of €2.50 per ride may be redeemed from a free ride credit.
Each time a user takes a ride, Cool deducts the cost of the ride from the remaining credit. If a user has less credit remaining than a full ride fare, Cool deducts any remaining credit and charge the rest of the fare directly to the credit card on file.
The user can also enable an auto-refill feature and ensure the credit is topped up automatically. Each time the credit balance falls below €10, this authorizes the automatic purchase of Ride Credit in the amount of your most recent Ride Credit purchase.
11. Airport Rides
Cool services trips to and from Malta International Airport. Airport rides are subject to a €2.50 fee per booking. This fee does not apply for additional passengers. The Airport fee is not applicable for users who posses a valid Cool Pass.
Cool is a shared service, and as such, we ask users to limit any personal items to a single piece of luggage or a reasonably sized bag. The luggage should be of the size of a piece of hand luggage that can be kept under the seat on an aeroplane, so it doesn't infringe on the personal space of other passengers. Users should book an additional seat for any personal items that require guaranteed luggage space. Cool drivers have a right to reject users with larger luggage.
We may communicate with you by email, text message or posting a notice on the Service. You agree to receive an email from us at the email address you provided to us for customer service-related purposes.
SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.
14. Cool’s Content Ownership and Use
Cool owns or has rights to all of the content we make available through the Service, but you may use it as you use the Service. You cannot use our logo without our written permission.
The term “content” or “contents” as used generally in these Terms shall mean any text, logo, graphics, images, music, software (excluding the Service), audio, video, information or other materials.
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Cool content (collectively, “Cool Content“). All Cool Content and the compilation (meaning the collection, arrangement, and assembly) of all Cool Content are licensed to Cool and are protected under copyright, trademark, and other intellectual property laws.
License to You. Subject to your compliance with these Terms of Service, Cool grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Cool and Cool’s licensors. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
Although Cool strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
15. Intellectual Property Rights and Your License to Use
You (or the people who allow you to use their content), own all of the content you post using the Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content, or they (or their parent or guardian) may be able to sue you for violating their legal rights.
16. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the App and any updates thereto. Cool does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications services.
17. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback, recommendations or materials (“Creative Ideas“), we shall:
- own, exclusively, all now known or later discovered rights to the Creative Ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
- be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
18. Third-Party Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Cool does not endorse any, nor is it responsible for, Third-Party Content on the Service.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorised access to the Service, user accounts, or the technology and equipment supporting the Service;
- Frame, mirror or link to the Service without permission;
- Use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Service, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Service;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person, or post, send or store infringing, obscene, threatening, libellous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;
- Sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
- Post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
- Use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Cool or others; or
- Access the Service from a jurisdiction where it is illegal or unauthorised.
19. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Service.
We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. Cool reserves the right to involve and cooperate local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.
Cool may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
20. Cool’s Liability
We are not liable for the actions of users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. You release Cool of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
The company is responsible for the functioning of in-app payments and provide support in resolving problems. Any disputes concerning payments charged shall be notified in writing by a Cardholder to the Company within 30 days of payment being taken.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services from, or participate in special contests, sweepstakes, and other promotions (“Promotions”) of our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
A. DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COOL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COOL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties. (“Released Parties” include Cool and its officers, directors, employees, agents, partners, and licensors.)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. COOL AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
21. General Terms
All disputes you have with us related to your use of the Service must be resolved in Malta, exclusively by arbitration. These Terms and the relationship between you and Cool shall be governed by the laws of Malta.
Contact Information: New Mobility Limited, Toyota Showroom, Mdina Road, Zebbug, +35620147600, email@example.com