Terms of Use and Privacy Policy

Terms & Conditions of Use

By registering for and using this service you acknowledge your agreement to the following terms and conditions. If you do not agree, do not proceed.

Preliminary

The Company agrees to be bound by the MyCarpools Privacy Policy set out elsewhere on this MyCarpools website.
These terms and conditions apply to and form part of any agreement between MyCarpools.com Pty Ltd ("the Company" and "we") trading as MyCarpools and you for the supply of the Company's services as described on the Company's website ("the Services"). "The Client" means Federation University Australia.
By registering for the Services, you acknowledge that you have read and understood these terms and conditions and you agree to be bound by them.
The Company may vary these terms and conditions at any time without notice to you. The variations shall apply from the date the varied terms and conditions are posted on the Company's website.
However, the Company will not vary these terms and conditions so as to retrospectively increase your liability to the Company for registration fees.
The Company may vary the MyCarpools Privacy Policy provided that the Company complies with its obligations under the Privacy Act 1988. Any changes to the Privacy Policy will be posted on this site and you may opt out of receiving the Services.
You acknowledge that you cannot receive the Services without accepting the Privacy Policy.

Registration

To register for the Services, you must:

  1. be at least 18 years of age
  2. consent to our collection, use and disclosure of your personal information as set out in our privacy policy
  3. be eligible to register on and use the Client's carpooling service.

If you register for the Services, you become a "Member".

Warranties

You warrant that, when registering for the Services and at any time the Company requests information from you, you will provide accurate and complete information. You warrant that you will not do, or permit or allow any person to use the user account allocated to you by the Company to do anything that will bring the Company or the Services into disrepute.

The Services

The Company makes no undertaking, promise or guarantee to you that the Services will be successfully able to "match" you with another Member. The Company may offer new or additional services from time to time. Your use of those new services will also be subject to these terms and conditions.

Emmission Reductions

The Company intends to report to certifying and regulatory bodies emissions of greenhouse gases avoided as a result of carpooling activity for the purpose of having the avoided emissions certified as verifiable emissions abatement. Such certification cannot and will not be on the basis of the activity of any individual or group of individuals participating in any one carpool alone but rather on the basis of calculations of activity and emissions avoided aggregated across large numbers of participants in carpooling activities. You acknowledge and agree that should the Company be successful in achieving certification of emissions avoided as a result of carpooling activity at any time during your registration with the Company that you will not claim any of the value and you have no automatic right to claim any value of any certified emissions abatement that may be achieved.

Intellectual Property

You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the Company's website are owned by the Company or in some cases third parties. You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Company's website except with the prior written consent of the Company.

Disclaimer

Your use of the Services is entirely at your own risk. The Company and the Client make no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on the Company's website. The Company and the Client and their officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence, breach of statutory duty or otherwise) that you may suffer directly or indirectly from or in connection with the Services or the Company's website.
The Company's liability and your remedy for breach of any express warranty, or condition or warranty or right implied or conferred by law, is limited to, at the Company's option, one or more of:
(a) supplying the Services again; or (b) payment of the cost of having the Services supplied again.

You acknowledge that the Company and the Client are not and cannot be responsible for the behaviour of Members (including you). In particular you acknowledge that the Company and the Client do not screen or monitor Members and have no way of ensuring that the information contributed by Members is accurate.
If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable

Defaults

If you breach these terms and conditions, the Company may: refuse to supply the Services to you; suspend or terminate your access to the Services or parts of it; and take whatever action it considers appropriate to recover any loss, damage or expenses that the Company has incurred or suffered as a result of your breach.

General

By registering for the Services you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
These terms and conditions constitute the entire agreement between you and the Company. Any prior arrangements, agreements, representations or undertakings are superseded.
Any failure by the Company or the Client to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by the Company or the Client to you shall not be construed as a waiver of the Company's or the Client's rights under these terms and conditions.
The Company may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with the prior written consent of the Company.
You can contact the Company by email at enquiries[at]mycarpools.com.
The Company can contact you in relation to the Services at any of your postal address, or your email address as advised to the Company by you when you register for the Services.

Privacy Policy

Personal Information

Personal information is any information about you that identifies you or from which your identity can be reasonably determined. In order to offer our service we need to collect and use personal information about you. We also need to disclose some of your personal information. The types of personal information disclosed by us as part of our service are listed below under the section headed 'Disclosure'.
However be assured that our intention is that none of the personal information that is disclosed by us, as part of providing our service, is sufficient for other parties to identify your private address, exactly your registered departure point or exact registered destination, or your actual identity. All of your personal details, other than those listed below, are kept secure and are not available or visible to any other party and any disclosure of these details can only occur if you choose to make such disclosure yourself.

Collection

When you register with us you will be asked to provide certain personal information. We request this information to allow us to provide you with our customised carpool matching service. If you do not provide the information, we are unable to provide our service to you.
If you correspond with us, we may keep a copy of any correspondence that you send us, such as emails and letters.
When you view our website, our internet service provider ("ISP") will collect certain information about you and your visit. This information in collected in the following ways: - Depending on the type of browser you use and how it is set up, we will collect certain information provided to our ISP by your browser. Usually, this information includes your server address, your top level domain name, your browser type, the date and time of your visit to our site, the pages on our site that you have accessed and the documents you have downloaded from our site.
We only use this information to aggregate. We do not use this information to identify individuals who visit our site. - We will collect certain information through the use of cookies. You may find that some of the features of our website are not available if you do not accept cookies.

Cookies

A cookie is a small file which asks permission to be stored on your computer. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. You can choose to accept or decline cookies. You can usually modify your browser setting to decline cookies if you prefer, however, the features of this website will not be available to you if you do not accept cookies.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Use

Subject to this Privacy Policy and the Terms and Conditions we make no representation, warranty or guarantee that your personal information will be confidential to us. As you will see below, the nature of our services and our business requires us to disclose your personal information to a number of third parties.
We will use the personal information we collect about you for the following purposes:

  • providing you with our services;
  • gaining an understanding of your needs to provide you with a better service;
  • running our business, including managing our accounts, research and development of our products and services
  • meeting our legal requirements.

We will not use your personal information other than to communicate with you about the Service. If either we or the Client terminates the arrangement between us which support these Services or if you are no longer eligible for registration as a Client community member, we will ensure that your personal information is kept secure under the terms of this policy for the period during which your then current registration is valid. If you do not re-register with us at the end of that period, we undertake to destroy all record of your personal information held by us.

Disclosure

When we provide you with our services, we will disclose some of your personal information to the other people who use our services. This is the nature of our carpool matching service. The kind of personal information that we may disclose to other users of our service includes:

  • Your display name
  • The suburbs you travel to and from
  • Your nominated contact information (your choice of email address and/or telephone number)
  • How far away you are from them, this is only down to one kilometre
  • Any other information on your profile that is denoted as visible to other members
  • Any other information we think is necessary and to which you have consented to enable our other users to assess your compatibility with their travel patterns and needs.

We may be required to disclose personal information to government agencies such as the Police or other law enforcement agencies. You consent to the disclosure of personal information where a lawful request is received from such an agency. Only when absolutely strictly necessary for the purpose of providing the Services, we may disclose some of the above kinds of personal information to our service providers and outsourcing contractors (and only when they agree to treat your personal information in accordance with this Privacy Policy).
We may also provide marketing agents, our professional advisors, potential investors, business purchasers, and government organisations with aggregated information only and not information identifying you personally. However, in some instances, such as when we are taking advice from our legal advisors, or where the law requires us to make disclosure, we may disclose personal information about you. If directed by an authorised officer of the Client, we will allow authorised Client employees to obtain reports of usage information which will identify your personal information.

Access to Personal Information

You may at any time access the personal information provided by you by logging on to this website and going to the "Profile" page. You should amend any personal information which is not correct as soon as is reasonably possible.

Contact

If you have any questions or comments regarding this policy or any issues relating to privacy issues please email us at enquiries[at]mycarpools.com

Consent

To the extent that we are required by law to obtain your consent for our collection, use and disclosure of your personal information as detailed above, by viewing our website and registering for our services, you are indicating your consent to the collection, use and disclosure of your personal information.

Variation

The Company may vary this privacy policy any time without notice to you. The variations shall apply from the date the varied terms and conditions are posted on this website.

Links to external websites

The Client or the Company may publish links to external websites as an adjunct to providing this service. You agree that the Company and the Client are not responsible for the content of external websites; you also agree that the Company or the Client do not have any control over the privacy policies or terms of use of external websites.