Bumalift Terms & Conditions

INTRODUCTION

Thanks for choosing Bumalift™ (hereinafter the “Website”/”Application”/”App”)!

The Application is owned and operated by Incredible Web Limited (hereinafter, the “Company”), a limited liability company established in Malta (C-52279), having its registered address at Edelweiss, 14, San Glormu Street, Bugibba, Malta, represented by the Directors Mr Shaun Grech and Mr Kevin Farrugia respectively.

The Application provides an online interactive platform that introduces users of the Application (hereinafter, the “Users”) for the purpose of carpool, vanpool or transit. The Application incorporates a ‘matching’ function which allows Users with certain travel plans to find others Users with other similar travel plans so that the Users may travel together. The Application incorporates a social media function which allows Users of the Website to log in and identify one another, the possibility to claim rewards and view other Users’ travel plans.

This Agreement (hereinafter, the “Agreement”) describes the terms and conditions applicable to your use of the Application, whether through the domain: bumalift.com through different domains or sub-domains, through social media such as Facebook or through mobile phone applications, regardless of how it is accessed.

The Application is made available subject to this Agreement, which regulates the relationship between the Users and the Company, and between Users and other Users. Please review this Agreement carefully as it limits our liability and also limits Users’ remedies.

PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE APPLICATION. YOU MUST AGREE WITH ALL TERMS AND CONDITIONS AND OUR PRIVACY POLICY LAID OUT HEREUNDER BEFORE USING THIS APPLICATION. BY USING THE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS LAID OUT HEREUNDER AND TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR REGISTER FOR USE OF THE APPLICATION. WE STRONGLY RECOMMEND THAT YOU READ THIS AGREEMENT CAREFULLY AS WELL AS ANY OTHER PAGES RELATING TO THE APPLICATION AS THEY MAY CONTAIN FURTHER TERMS AND CONDITIONS RELATED TO THE APPLICATION.


SYSTEMS REQUIREMENTS

To set up an account through the Website, the User requires a valid email address and a valid mobile number. It is your responsibility to ensure that your email address remains valid through the term of your use of the Application, failure to do so may result in the loss of use of the Application. The email address will be used as a correspondence address for any updates to this Agreement, or any other relevant data.

The Application may be accessed through mobile applications, whether accessing the website remotely through an internet browser, or using a dedicated application. You must use a mobile device which is compatible and supports the application and you may be required to allow the application access to the mobile device’s location, send push notifications, consume mobile data and other functions as detailed on the respective app stores. You must agree to pay any fees that your service provider may charge you for using the Application through your mobile device.


INTELLECTUAL PROPERTY

The Website and the Application including but not limited to the structure, software, code, databases, copyrights, trademarks (registered or unregistered),  and any other information pertaining to the Website is the exclusive property of the Company and is protected by intellectual property rights and all rights are reserved by the Company. All other trademarks, logos, company names in the Application are the property of the respective owners. Unless otherwise expressly stated, this Agreement does not grant you any rights over the intellectual property. This agreement also forbids you to reverse engineer, discover underlying source code, systems or algorithms, or use any ideas, or any other confidential information or trade secret not expressly listed hereunder by any means whatsoever, whether directly or indirectly, and prohibits you from disclosing any such information publicly or to third parties.

You acknowledge and agree that any information collected through the use of the Application, questions, comments, suggestions or feedback about the Website and the Application provided by you are non-confidential and become the exclusive and sole property of the Company, and it shall be entitled to use or transfer such information for any purpose, commercial or otherwise, without acknowledgement or compensation to you.


ELIGIBILITY

Our Applications are available only to persons above the age of 18 capable of entering into legally binding contracts under the laws of Malta (hereinafter, the “Governing Law”).

By using the Applications, you represent and warrant that you are at least 18 years old and that you have the right and capacity to enter into this Agreement and adhere to the conditions contained herein.

The Application is intended for personal use only – business and government entities will only be allowed to use the Application upon specific approval from the Company.

By using the Applications, you represent and warrant that your Account will only be used for personal use. You shall not assign your use of the Website or the Application to any other person and warrant that you shall not do so. You are responsible for keeping your password confidential and you are solely responsible for the activities that occur through your account. Please contact us immediately if you suspect that an unauthorised person may be using your password or account.


 

TERMS OF USE

The Website does not provide transportation services, nor is it a transportation carrier – it does not operate taxi services, nor does it intend to do so. The Application offers a platform through which users may arrange transportation but does not act as a transportation services operator and is not responsible or liable.

Users of the Application are prohibited from providing transportation services against payment. To do so may expose the User to liability from which the Company shall be totally excluded.


TERMINATION

You may terminate your participation in the Application at any time for any reason by following the notice of termination instructions on the Website.

Without limitation to any other remedy, we reserve the right to terminate your participation at any time, for any and no reason, without explanation, by sending an email notice. Upon such termination, your information will be removed from the Website. We maintain sole discretion to prohibit your use of the Application in future, for any or no reason.

The provisions of the Agreement survive the termination thereof, insofar as your obligations to us and the Users are concerned.


ACCEPTABLE USE

We reserve the right to determine acceptable use of the Application, including the right to vary, delete or remove a User’s information and participation in the Application, and without limitation to other rights, we may suspend or terminate your account if you engage in fraudulent, mischievous, or other activities deemed to be non-compliant with our Terms of Use and Privacy Policy.

You shall not use the Application to harm other Users, third parties, or the Application. You must not damage, disable, overburden or impair the Application or the Website, redistribute or sell the Application or any part thereof, you must not use any automated process or service to access or use the Application, you must not introduce or use malicious software to disrupt or otherwise damage or disable the Website or Application.

You shall keep your account and password confidential, and you shall not allow third parties to access or use the Application on your behalf. You may not transfer your account to any other person. You shall not disclose information relating to other Users you acquire using the Application to any third party without such party’s consent, unless it is to report unlawful activity to law enforcement or the competent authority.

You shall not upload, post, transfer, distribute or facilitate distribution of any malicious illegal or immoral content, including text, images, video, sound, software or other information or data that can be made available through the Website. For the avoidance of doubt, this includes content which is intended to be libellous, harassing, threatening, defamatory, degrading or intimidating to a particular individual or a group of individuals for any reason, including by way of age, gender, disability, sexual orientation, race, ethnicity or religion, harm or exploit minors, depictions of full or partial nudity in any form, content which incites or advocates obscenity, vulgarity, profanity, hatred, racism or violence, or links to external websites which violate these terms. This also includes content protected by intellectual property laws or rights, and content protected by privacy unless you own or control the rights thereto or have received the appropriate consent to distribute such material. You shall also not use the Website or Application to advertise schemes, surveys, contests, and otherwise unsolicited and unauthorised offers and providing misleading information.

You shall represent the source of anything which you post or upload, and shall not misrepresent yourself or impersonate another person.

You shall not use the Application to, or attempt to, collect private personal data or information, such as credit card details, addresses, contact information, from Users of the Application, without their knowledge or consent. We encourage you to be vigilant and attentive of scammers, hackers, phishers or other malicious User and you also agree not to give out such information to persons that you do not know.

You shall not harm, disrupt or access illegally the Application or Website or servers or any User’s hardware by any means, including but not limited to spamming or phishing.


PAYMENT

The Applications provided by the Website are intended to be offered free of charge. However, some features may be subject to a fee. Where fees are applicable, they will be published to allow you to make an informed decision about the purchase. Any payments are due immediately and are non-refundable. The non-refundability shall apply at all times, regardless of your/our terminated usage of the Applications, disruptions caused to our software or Applications for whatever reason, or any other reason.

Users are prohibited from charging fees to one another for providing transportation to one another.

We reserve the right to make promotional offers with different content aimed at different Users or potential Users.

We reserve the right to charge fees or change fees for subscriptions or features as we deem necessary for the better management of the Application.


REWARDS

We may, but are not obliged to, distribute rewards to individuals based on their User-rated popularity and the number of rides the User gives.

For the scope of the rewards, a ride is considered valid if the User has received positive feedback and has enable location services allowing the Application to collect information on the route.

We reserve the right to present different rewards to different Users or potential Users.

Rewards will be published on the Application and a User is required to manually claim a reward that is made available to them. Once a reward is claimed, the User will be receive an email confirmation with the required steps to collect the reward.

All rewards are non-refundable and cannot be transferred to other Users or persons.

We reserve the right to refuse Users claiming rewards without any given reason.


DISCLAIMERS

The Application uses latest technology and proprietary software comparable to websites of our size to ensure a reliable and secure service, however due to maintenance requirements, unforeseen circumstances or events affecting the operation of software or the Website, the provision of the Application may become disrupted or unintentionally unavailable. The Application is provided on an ‘as-is’ basis with all faults and without warranty of any kind, express, implied or statutory, and Incredible Web Limited and its employees, officers, agents, directors, service providers, partners, subsidiaries, affiliates or other related persons shall not in any event be held liable for any claims or damages, including consequential, lost profit, direct or indirect punitive damage arising out of such disruptions. We disclaim all warranties and representations of any kind, express, implied or statutory, including and without limitation fitness for purpose, accuracy, lack of negligence, non-infringement and quiet enjoyment, and we do not guarantee that the use of the Application will be uninterrupted or free of error.

You may be able to access third party websites or content through our website. You acknowledge that we shall not be responsible for such third party content.


CONSENTS

By consenting to this Agreement, you agree that any information that you provide, publish or post to the Website, including but not limited to your feedback statements and messages, become property of the Company and agree that such information may be stored on our servers. You agree to provide current accurate and complete information and maintain and update such information. You acknowledge that your information is current, accurate and complete, and agree that if your information is, or becomes outdated, inaccurate or incomplete, that we have the right to terminate this Agreement and your use of the Application. You also agree to abide by and maintain our Privacy Policy.

For the purpose of tracking the locations of Users whilst providing transport negotiated through use of the Application, you agree that your location may be tracked and relayed to our servers and may distributed to third-parties and if required so by any authority, share such information.

Users who consent to receiving marketing material from Bumalift partners acknowledge and consent that their personal data (including, their name and surname, email address and phone details) will be shared by the Company with Bumalift partners and/or sponsors, which may use this data to contact Users for promotional purposes.

Users are able to withdraw their consent to receiving marketing material from Bumalift partners by sending an email to info@bumalift.com.


INDEMNITIES

We endeavour to provide you with all necessary information for you to make an informed decision as to whether to use the Application or contact other Users. You shall be solely responsible for any decisions or actions taken by you, we shall not be liable for any consequences of actions which you have taken, even if influenced by recommendations by us.

The Application offers a platform to introduce Users to coordinate their transport needs. Although we operate to try and ensure the safety and well-being of our Users, we cannot and do not assess the suitability of the individual Users. We cannot and do not verify the accuracy or veracity of information provided by Users or potential Users, and therefore there may be legal or other risks and consequences of dealing with strangers, foreign nationals, underage persons, or persons acting under false pretences. We do not accept liability associated with you being introduced to another person through our Application; you agree to assume all risk associated with dealing with other Users with whom you come into contact through the Application.

The Application may employ the use of location tracking software which allows us to track the location of other Users. Because of this feature, it is possible that someone may trace a physical location back to your home or workplace. It is possible that someone could misuse this information for the commission of a crime. We do not take responsibility and have no dealings with the actions and communications between Users of our Application. We shall not be party to any dispute or negotiation between Users of the Application, and we actively encourage you to report any and all disputes to the local authorities as appropriate.

By agreeing to this Agreement, you indemnify and keep indemnified and hold harmless the Company and its directors, employees, officers, agents, advisors, service providers and affiliates from and against all actions, corruption or loss of data or information, claims, consequential damages or lost profit, demands, losses, damages, costs (including all legal costs incurred) and expenses for which it shall or may be or become liable arising directly or indirectly in connection with the provision of the Application, or being introduced to other participants in the Application including physical damage, bodily injury, death or emotional and physical distress, whether arising from third parties or your use of the Application, even in the case of negligence. This shall also include, without limitation: your breach of this Agreement, your violation of any laws or rights of third parties including any third party intellectual property rights, and your acts or omissions in connection with the Application.

By agreeing to this Agreement, the liability of the Company and its directors, employees, officers, agents, advisors, service providers shall not in any case exceed €1. You agree to waive any statutory rights which imply warrants or exclude the limitation of certain damages.

In the event that you have a dispute with one or more Users, you agree to release the Application, the Company and the Website and its officers, directors, employees, advisors, subsidiaries and parents from any claims or damages arising in any way connected to such disputes with other Users or your use of the Website or the Application.


COMPLAINTS AND COMMENTS

We make every endeavour to ensure that you are satisfied with the Application provided. If you would like to pass on any comments, queries, compliments or complaints, please direct them to: info@bumalift.com.


MISCELLANEOUS

The language of this Agreement is English and shall be interpreted as such.

This Agreement shall be governed by the laws of Malta and users subject themselves to the jurisdiction of Malta.

This Agreement and the Terms and Conditions herein represent the whole agreement between the Parties, and the Parties agree and declare that no other agreement, provisions or covenant shall be implied or deemed to be implied by reason of any promise, representation, warranty or undertaking given by any Party hereto on or prior to the execution of the Agreement. Any headings contained in the Agreement are for convenience and not binding.

If any provision of this Agreement shall be deemed invalid or unenforceable in whole or in part, such provision shall be shall be to the extent that is invalid or unenforceable not be considered part of this Agreement, and the remaining provisions shall remain valid and enforceable.

No consent or waiver, express or implied by the us to any breach or any statutory or contractual right or remedy arising therefrom of any obligation condition or duty under this Agreement by a User or third party shall be construed as a consent or waiver to or any breach of the same or any other such condition and shall not prejudice in any way our rights or remedies.

Nothing in these Terms and Conditions shall be construed, implied or suffer to be implied an agency, partnership, joint venture, employment, franchise or any such relationship between the Applications and its Company, and the Users of the Application.

Notice may be sent by email to info@bumalift.com unless otherwise required by this Agreement or by law to be in writing. Notice is deemed to have been given within 24 hours of receipt of the email unless the sender is informed that the address is no longer valid for notice or binding for notice of delivery. Written notice shall be delivered by registered mail or by hand to: Incredible Web Limited, Edelweiss, 12, San Glormu Street, Bugibba, Malta. Notice shall be deemed to have been given within three (3) days of sending of such notice.

We reserve the right to amend this Agreement from time to time by posting the amended terms on the Website. You may review the current Terms and Conditions in effect at any time when using the Application. Any amendments to this Agreement become effective from the day on which the amendments are posted on the Website.

In case of any discrepancy between the content of the Website and this Agreement and Privacy Policy contained herein, the Agreement and Privacy Policy shall prevail.


PRIVACY

We do not sell or rent your information to third parties without your express consent, and we only use your information in the way described in the Privacy Policy. We store and process your information on our secure servers located in the European Union. If you object to your information be used or transferred in this way, please do not use or access our Application.      


PRIVACY POLICY

This Privacy Policy describes how data and information gathered on the Application and through related ancillary devices such as widgets and mobile apps, is used. Please review this Privacy Policy carefully as it limits our liability and also limits the User’s remedies.

Please review this Privacy Policy regularly as it may be revised without notice.

Last updated: 31st July 2016.

By using the Application, you accept the practice described in this Privacy Policy.


IP ADDRESS

Each time you visit the Website, we automatically collect your IP address and the web page from which you came. We use your IP address to help identify you and gather broad demographic information about our Users, including traffic and statistical data.


COOKIES

We collect anonymous information through cookies.

Cookies are small pieces of data containing a unique identification number that is sent to your browser and is stored on your hard drive. The cookie allows our computers to identify your browser whenever you visit. Cookies do not allow anyone to access personal information that you have not already given us.

We use cookies to match up Users with account information stored on our servers. This allows us to deliver a more targeted and efficient service. We also use cookies to track the number and demographic of visitors, track the number of entries into our promotions, identify the areas of the Website which you visit, and generally track your user preferences.

Most browsers are designed to accept cookies as part of their design. You can change your browser’s settings to notify you when you have received a cookie, or not to accept them altogether. We rely on cookies to track your identity whilst logged on to the Website, so please be aware that if your cookies are disabled, you may not be able to access certain areas or functions of the Website or Application.


PERSONAL INFORMATION

We may collect personal information from you in order to facilitate direct contact – this includes: full name, postal address, phone number, email address, demographic information which you submit – this includes: hometown, workplace, gender, age/birth date.

Please note that we do not accept registration from persons under the age of 18 years, and consequently do not collect or store information coming from such persons. By registering for and using this Application, you represent to us that you are at least 18 years old.

We use your personal information in order to contact you in connection with trips or potential trip information from other Users, and to contact you and other Users to suggest potential carpool matches. These communications may carry or contain promotional offers from advertisers. We may share this personal information with our agents, representatives, contractors, and services providers in order to process your transactions and to allow support services such as email generation, customer relationship management and order confirmations. We expressly forbid any such persons from using your information for any other purpose.

We use your demographic information to allow Users to search your profile, find suitable trips, and communicate with you. We may use this information to improve the Website and communications to your specific information. We may also share data to advertisers, to allow advertisers to target your demographic group. When you respond to an advertisement or promotion, be aware that this is targeted to a demographic group, and if you give the advertiser your personal information, the advertiser may identify you as a member of that demographic group. By offering or reserving a trip through the Application, electing to receive communications or participate in promotions & rewards, accessing third party advertisements on the Website, you agree that we can provide personal information to such third parties. You also agree that we may use and disclose such information submitted to third parties in accordance with this Privacy Policy.

Third parties with whom we are authorised to share your personal information are subject to our contractual obligations and in accordance with their own privacy policies. You agree that we are not responsible or liable for any acts or omissions of such third parties. You must contact these third parties directly to instruct them on using your personal information Please note that you can amend your personal information at any time. Certain pieces of information, such as age, will not be amenable to ensure the accuracy of this information. The information will be automatically updated when changed. Please contact us if you are experiencing difficulty in changing this information.


INFORMATION RETENTION

Unless otherwise indicated, information submitted to us or gathered by us will be retained indefinitely. By using the application, you consent and agree to this. If required to do so by law or order by the competent authority, we will erase such information from our database. We may, at our absolute discretion, agree to delete your personal information.

By registering for use of and using the Application, you agree that all information that you submit to the Website shall become our property and may be used at our discretion in accordance with the terms of this Privacy Policy, and agree that we may retain the information indefinitely.


COMMUNICATIONS

The Website allows Users the option to opt out of receiving communications in relation to our Application.


INSTANCES IN WHICH YOUR PERSONAL INFORMATION MAY BE SHARED

We may transfer your personal and demographic information to third parties in the following instances:

- In the event that the Application or its ownership is sold, transferred, or becomes insolvent or otherwise stops operating;

- When required to do so under obligation at law, to cooperate with law enforcement or orders of the competent authority;

- To protect the interests and safety of the Website, the Company, and its Users;

- With our service providers, advisors, subsidiaries, parent companies.

- With our advertisers

When information is disclosed under this section, it may be disclosed on a non-anonymous basis. Our advisors, subsidiaries and parents companies receiving your information from us will comply with the terms of our Privacy Policy.


SECURITY

Your account allows you to login through your personal Facebook account or create a Bumalift account. Your password will only be accessible to you, and to us and our employees. We or our employees will NEVER ask you for your personal account information or password. Please be aware when using shared or public computers, always ensure to sign out of your account and close the browser before someone else uses the terminal.

We are unable to guarantee that the data you may transmit to us will be completely secure, you do so at your own risk. We shall not be liable for any third parties who obtain your information submitted to this Website.

Your information may be stored on computer systems or servers based in countries which may not have privacy laws as protective as the laws of the country of this Agreement.

We are not responsible for the privacy practices of other websites which our Website may link to. We encourage you to read the privacy policies of each individual website that collects personal information.


CHANGES TO OUR PRIVACY POLICY

We shall notify any changes in the way we use or share your personal information by notice by email.

We encourage you to review the Privacy Policy regularly.

By using the Website and Application, you represent and warrant that you have read and understood and agree to all terms of this Privacy Policy. If you do not understand the terms of this policy, please do not hesitate to contact us. We retain the right to change our Privacy Policy and our terms of use of your personal information at our discretion.